Decree No. 59/2007/ND-CP on Solid Waste Management

DECREE

On solid waste management

_______

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

The Prime Minister issues this Decision amending and supplementing certain provisions of the Regulation on Response Activities to Oil Spill Incidents issued together with Decision No. 02/2013/QĐ-TTg dated January 14, 2013 of the Prime Minister.

Pursuant to the Construction Law dated November 26, 2003;

Considering the proposal of the Minister of Construction,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Application

This Decree stipulates activities related to solid waste management, rights and obligations of subjects involved in solid waste.

Article 2. Applicability

This Decree applies to organizations, households, individuals within Vietnam; foreign organizations and individuals (hereinafter referred to as organizations and individuals) conducting activities related to solid waste on the territory of Vietnam.

In cases where international treaties to which the Socialist Republic of Vietnam is a member have provisions different from those in this Decree, such international treaties shall be applied.

Article 3. Explanation of Terms

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

1. Solid waste management activities include planning and managing solid waste, investment in building solid waste management facilities, sorting, collecting, storing, transporting, reusing, recycling, and treating solid waste with the aim of preventing and minimizing harmful impacts on the environment and human health.

2. Solid waste is waste in solid form discharged from production, business, service, daily life, or other activities. Solid waste includes general solid waste and hazardous solid waste.

Solid waste generated from individual, household, public daily life activities is collectively called domestic solid waste. Solid waste generated from industrial production, craft village, business, service, or other activities is collectively called industrial solid waste.

3. Hazardous solid waste is solid waste containing substances or compounds with one or more of the following characteristics: radioactive, flammable, explosive, corrosive, infectious, toxic, or other harmful characteristics.

4. Waste materials are products or materials removed from production or consumption processes, collected for recycling and reuse as raw material for producing other products.

5. Collecting solid waste involves gathering, sorting, packaging, and temporarily storing solid waste at collection points until it is transported to approved locations or facilities.

6. Storing solid waste refers to keeping solid waste for a certain period at places approved by competent authorities before transporting it to treatment facilities.

7. Transporting solid waste involves moving solid waste from generation sites, collection points, storage areas, transfer stations to treatment, recycling, reuse sites, or final landfill sites.

8. Approved location or facility is a place for storing, treating, or landfilling various types of solid waste approved by competent state management agencies.

9. Treating solid waste involves using technological and technical solutions to reduce, eliminate, or destroy harmful or non-beneficial components in solid waste; recovering, recycling, and reusing beneficial components in solid waste.

10. Sanitary landfilling of solid waste refers to landfilling activities that comply with technical standards for sanitary landfills of solid waste.

11. Waste source owner are organizations, individuals, households engaged in activities generating solid waste.

12. Solid waste collector and transporter are organizations and individuals permitted to collect and transport solid waste.

13. Solid waste treatment owner are organizations and individuals permitted to treat solid waste. The solid waste treatment owner may directly be the investor of the solid waste treatment facility or an organization or individual with sufficient expertise hired by the investor to operate the solid waste treatment facility.

14. Solid waste management facility are physical facilities, technology chains, equipment used for collecting, sorting, transporting, and treating solid waste.

15. Solid waste treatment facility are physical facilities including land, workshops, technology chains, equipment, and auxiliary works used for treating solid waste.

16. Solid waste management facility investor are organizations and individuals permitted to invest in collecting, sorting, transporting, and treating solid waste.

17. Integrated solid waste treatment complex is a combination of one or more works for treating, recycling, reusing solid waste and solid waste landfills.

18. Solid waste treatment cost includes costs for land clearance, construction investment, purchasing vehicles and equipment, training labor, management and operation costs of the solid waste treatment facility calculated over the payback period and converted to a unit volume of treated solid waste.

19. Solid waste collection and transportation cost includes costs for purchasing vehicles and equipment, training labor, management and operation costs of the solid waste collection and transportation facility calculated over the payback period and converted to a unit volume of collected and transported solid waste.

Article 4. Principles of Solid Waste Management

1. Organizations and individuals discharging waste or engaging in activities that generate solid waste must pay fees for the collection, transportation, and treatment of such waste.

2. Waste must be sorted at the source of generation, recycled, reused, treated, and components with useful value recovered to serve as raw materials and energy production.

3. Priority should be given to using technologies for treating non-biodegradable solid waste that can reduce the volume of waste requiring landfilling, thereby conserving land resources.

4. The State encourages socialization of the work of collecting, sorting, transporting, and treating solid waste.

Article 5. Contents of State Management over Solid Waste

1. Issuing policies and legal documents on solid waste management activities, promoting, disseminating, and educating the public about laws on solid waste management, and guiding the implementation of these documents.

2. Issuing technical standards applicable to solid waste management activities.

3. Managing the establishment, review, approval, and publication of solid waste management plans.

4. Managing investment in the collection, transportation, construction of facilities for solid waste treatment.

5. Inspecting, supervising, and handling violations of laws during the process of solid waste management activities.

Article 6. Prohibited Acts

1. Disposing of solid waste in unauthorized locations.

2. Emitting dust or spilling solid waste during collection and transportation processes.

3. Mixing ordinary solid waste with hazardous solid waste.

4. Illegally importing or transiting solid waste within the territory of Vietnam.

5. Obstructing the collection, transportation, and treatment of solid waste according to projects approved by competent authorities.

6. Other prohibited acts as stipulated by law.

Chapter II

SOLID WASTE MANAGEMENT PLAN AND INVESTMENT

SOLID WASTE MANAGEMENT

Section 1

 SOLID WASTE MANAGEMENT PLAN

Article 7. Content of Solid Waste Management Plan

1. A solid waste management plan involves investigating, surveying, forecasting sources and total quantities of various types of solid waste emissions; determining the location, scale of collection points, transfer stations, transport routes, and treatment facilities; determining methods of collection and treatment of solid waste; developing plans and resources to thoroughly treat all types of solid waste.

2. Contents of a solid waste management plan:

a) Investigating, evaluating, and forecasting sources of emissions, components, characteristics, and total volumes of ordinary and hazardous solid waste;

b) Evaluating the ability to sort at the source and recycle and reuse solid waste;

c) Determining the location and scale of collection points, transfer stations, treatment facilities, and landfill sites for solid waste;

d) Determining methods of collection and transport routes for solid waste;

đ) Proposing criteria to be met when selecting solid waste treatment technologies;

e) Developing plans and resources to ensure comprehensive statistics and thorough treatment of all types of solid waste.

Article 8. Requirements for Planning the Construction of Transfer Stations, Treatment Facilities for Solid Waste, and Ancillary Works

1. Planning the construction of transfer stations and treatment facilities for solid waste must be consistent with regional construction plans and solid waste management plans already approved by competent authorities.

2. Solid waste transfer stations must be located at convenient traffic points, not obstructing general traffic activities, and not adversely affecting the environment and urban aesthetics.

3. Planning the construction of solid waste treatment facilities and ancillary works must comply with legal regulations on construction planning while meeting the following requirements:

a) Regarding location, geological conditions, topography, and hydrology:

- Having appropriate distances from waste generation sources;

- Ensuring safe isolation distances from the nearest residential areas, city centers, recreational areas, tourist attractions, cultural heritage sites, airports, water sources, rivers, lakes, and coastlines;

- Having suitable geological and hydrological conditions; not being in areas frequently flooded, flood-prone zones of river basins, headwaters of water sources, or karst regions, fault zones.

b) Regarding the scale of solid waste treatment facilities and ancillary works based on:

- Population size, current waste volume, operational period, taking into account population growth and corresponding increases in solid waste volume;

- Economic growth potential and urban development orientation throughout the operational period of the solid waste treatment facility and ancillary works;

- Anticipated solid waste treatment technology.

c) Regarding post-closure land use plans for landfill sites:

When planning the construction of solid waste treatment facilities, consideration must be given to the potential for reusing land after landfill closure.

Article 9. Solid Waste Treatment Facilities and Ancillary Works

1. Solid waste treatment facilities shall be arranged in various forms depending on the anticipated technology and actual conditions of the locality, including:

a) Centralized form: including one or several solid waste treatment works and ancillary works located at one site according to planning. The solid waste treatment works may include:

- Ordinary waste incineration plant;

- Waste incineration plant with energy recovery;

- Organic fertilizer production plant;

- Plant producing raw materials and products from waste;

- Sanitary landfill for ordinary solid waste;

- Landfill for hazardous solid waste;

- Integrated solid waste treatment complex.

b) Decentralized form: the solid waste treatment works and ancillary works are distributed at suitable locations;

c) For rural residential areas, remote regions: combined forms such as garden, pond, livestock pen (VAC), self-made waste containers, self-built waste pits, self-decomposing waste pits, mud-coated waste composting pits... can be used at household level to treat solid waste generated from daily activities, farming, and animal husbandry.

2. The Ministry of Construction shall guide the planning for construction of solid waste treatment works, reuse of land for solid waste treatment facilities and ancillary works after their operations cease.

Article 10. Responsibilities for Organizing, Approving, and Managing Solid Waste Management Planning

1. Regional, inter-provincial, inter-city, and key economic zone solid waste management plans shall be approved by the Prime Minister or delegated to the Minister of Construction for approval.

The Ministry of Construction shall take the lead and coordinate with provincial People's Committees (hereinafter referred to as Provincial People's Committee) and relevant sectors to organize the planning for regional, inter-provincial, inter-city, and key economic zone solid waste management.

2. Local-level solid waste management plans shall be organized and approved by the Chairman of the Provincial People's Committee.

3. The Ministry of National Defense shall take the lead and coordinate with relevant ministries, sectors, and localities to establish and approve planning for construction and management of explosive material and hazardous waste disposal sites resulting from military and defense activities.

4. Solid waste management plans at all levels must be publicly announced in accordance with laws on urban planning.

Article 11. Sources of Funding for Solid Waste Management Planning Work

1. Sources of funding for organizing solid waste management planning work:

a) State budget funds;

b) Other lawful sources of funding.

2. Management of state budget funds for solid waste management planning work:

a) Funds for organizing regional, inter-provincial, inter-city, and key economic zone solid waste management planning work shall be included in the annual state budget plan by the Ministry of Construction;

b) Provincial People's Committees shall prepare plans for funds for organizing solid waste management planning work within their administrative boundaries;

c) The Ministry of Planning and Investment, the Ministry of Finance shall be responsible for balancing annual state budget funds for solid waste management planning work in accordance with the State Budget Law.

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…Chapter 3

INVESTMENT IN SOLID WASTE MANAGEMENT

Article 12. Principles of Investment

1. The State encourages all forms of investment in solid waste management: business cooperation contracts (BCC), build-operate-transfer (BOT), build-transfer-operate (BTO), build-transfer (BT), acquisition of enterprises, purchase of bonds, stock investment, and other forms of investment as prescribed by the Investment Law.

2. Investment in solid waste management must be comprehensive, thoroughly addressing solid waste, ensuring economic and technical efficiency, and meeting environmental protection requirements.

3. Investment in collection, transportation, construction of transfer stations, and facilities for solid waste treatment shall be carried out in accordance with the laws on investment and construction.

Article 13. Investment in Solid Waste Management

1. Contents of investment in constructing solid waste treatment facilities:

a) Investment in building the entire or individual components of projects within solid waste treatment facilities;

b) Procurement of technology, equipment, and materials to serve solid waste treatment activities;

c) Investment in research and development, and improvement of solid waste treatment technology.

2. Contents of investment in collection and transportation of solid waste:

a) Investment in procurement of equipment, specialized vehicles, and other means to serve the collection and transportation of solid waste;

b) Investment in construction of solid waste transfer stations.

3. The State encourages socialization of investment activities in collection, transportation, and construction of solid waste management facilities according to the principles set forth in Article 12 and through the following methods:

a) Organizations and individuals may invest in solid waste management according to one or all contents specified in Clause 1 and Clause 2 of this Article;

b) Organizations and individuals may invest to establish cooperatives, households engaged in business, or other forms as prescribed by law to carry out the collection, transportation, and treatment of solid waste in rural residential areas and craft villages without such services.

Article 14. Sources of Investment and Investment Incentives

1. Sources of capital for investment in constructing solid waste treatment facilities and auxiliary works include central government budget funds, local government budget funds, foreign financial aid, long-term loans, and other lawful sources of capital.

2. The State encourages all organizations and individuals both within and outside the country to participate in investment and construction of solid waste treatment facilities and auxiliary works through preferential policies and investment support including:

a) Exemption from land use fees and support for compensation costs for land clearance;

b) Investment support through budgetary and preferential credit sources; post-investment interest rate support when using commercial loans;

c) Ensuring preferential credit sources by mortgaging assets formed from loans;

d) Enjoyment of import tax exemption policies for equipment and raw materials serving solid waste treatment investment projects, and corporate income tax reduction according to current regulations;

đ) Priority selection of complete domestic technologies capable of thoroughly treating solid waste and having high economic and technical efficiency;

e) Support for infrastructure system investment such as transportation systems, power supply, energy, communication, water supply, and drainage up to the perimeter fence of the project;

g) Support for research and development of recycling, reuse, and solid waste treatment technologies based on domestic resources. Research and development funding support from the state budget through science and technology programs and projects;

h) Training support for labor through budgetary sources through assistance training programs.

3. The Ministry of Finance shall guide mechanisms for preferential and financial support for the socialization of investment activities in solid waste management.

4. The Ministry of Natural Resources and Environment shall stipulate and issue land preferential policies for solid waste management activities.

Article 15. Investor of Solid Waste Management Facility

1. The investor of a solid waste management facility is the person who owns the capital or the person entrusted with managing and using the capital to invest in a solid waste management facility.

2. For projects utilizing state budget funds, the investor of the solid waste management facility shall be determined by the investment decision-maker prior to project establishment.

3. For projects utilizing credit funds, the investor is the borrower.

4. For projects utilizing other types of capital, the investor is the capital owner or the person designated by law.

5. For mixed-capital projects, the investor shall be appointed by the contributing members through agreement or be the member with the highest contribution ratio.

Article 16. Investment Project for Construction of Solid Waste Management Facilities

1. Investing in a solid waste management facility includes the investment contents specified in Article 13 of this Decree. The establishment, review, and approval of investment projects for constructing solid waste management facilities shall be carried out in accordance with laws on construction project investment.

2. For investment projects for constructing solid waste treatment facilities, in addition to the contents stipulated by laws on construction project investment, the project must include the following issues:

a) Technical solutions for solid waste treatment; technical solutions for treating leachate and wastewater from solid waste treatment activities; effectiveness of solid waste treatment technology;

b) Measures to ensure safety during operation; solutions for handling environmental emergencies;

c) Environmental monitoring plans and programs;

d) Plans and programs for restoring the environment after landfill closure and termination of solid waste treatment facility operations;

đ) Investment incentives proposed for the project;

e) Financial-economic content:

- Determining the total investment cost for constructing the solid waste treatment facility;

- Sources of funding and the ability to provide funding according to the project schedule;

- Costs for treating general and hazardous solid waste (excluding collection and transportation costs);

- Revenue from operating recycled and reused products;

- Subsidies from the state budget through waste collectors and transporters to offset the costs of treating household solid waste as committed by local authorities;

- Fees payable to the treatment operator for general and hazardous solid waste as committed by waste collectors and transporters;

- Ability to recover investment capital.

g) Responsibilities and investment incentives for the project, regarding the source of solid waste ensuring the operation of the treatment facility as committed by local authorities.

3. For investment projects for collecting and transporting solid waste, in addition to the contents stipulated by laws on investment, the following contents must be included:

a) Scope of collection, expected quantities of various types of solid waste;

b) Equipment and means for collecting and transporting solid waste; safety equipment and labor protection equipment for workers;

c) Investment plan for transfer stations;

d) Organization, management, and operational plan for collecting and transporting solid waste;

đ) Safety measures and emergency response plans for environmental incidents caused by collection and transportation activities;

e) Proposals for investment incentives; investment incentives as committed by local authorities;

g) Financial-economic content:

- Determining the total investment amount;

- Sources of investment funding and the ability to provide funding according to the project schedule;

- Costs for collecting and transporting solid waste;

- For household solid waste: subsidies from the state budget paid to collectors and transporters as committed by local authorities and revenue from sanitation fees as prescribed;

- Ability to recover investment capital.

4. The Ministry of Science and Technology shall take the lead and coordinate with the Ministry of Construction to organize the review of new solid waste treatment technologies that are being researched and implemented for the first time in Vietnam.

Article 17. Responsibilities and benefits of the investor of solid waste treatment facilities

1. Responsibilities:

a) Implement investment in constructing solid waste treatment facilities and auxiliary works in accordance with the provisions of laws on investment and construction;

b) Fulfill obligations to compensate for land clearance costs, relocation of graves, and support for residents' occupational change in the project implementation area as stipulated by law;

c) When there is a need to change the content of investment and construction or technology, the investor must comply with the procedures and contents related to investment and construction as prescribed by law.

2. Rights:

a) Be entitled to operate and benefit from products obtained from solid waste treatment activities according to the investment project;

b) Enjoy preferential policies and support from the State as provided for in Clause 2, Article 14 of this Decree and relevant laws;

c) Be entitled to transfer the solid waste treatment facility and related auxiliary works;

d) Other benefits as prescribed by relevant laws.

Article 18. Transfer of Solid Waste Treatment Facilities

1. The investor has the right to transfer the solid waste treatment facility and related auxiliary works to a new investor in accordance with the provisions of law.

2. The new investor shall be responsible for complying with the provisions of Article 17 of this Decree and relevant laws.

3. The new investor shall enjoy incentives as provided for in Clause 2, Article 14 of this Decree.

Chapter III

CLASSIFICATION OF SOLID WASTE

Article 19. Classification of Solid Waste at Source

1. Ordinary solid waste must be controlled, classified immediately at source and stored in bags or containers distinguished by color as prescribed.

2. Hazardous solid waste must be classified at source and stored separately as prescribed, and must not be mixed with ordinary solid waste. If hazardous solid waste is mixed with ordinary solid waste, the resulting mixture must be treated as hazardous solid waste.

3. Organizations and individuals engaged in activities that generate solid waste must be responsible for implementing the classification of solid waste at source as prescribed in Article 20 of this Decree.

Article 20. Classification of Ordinary Solid Waste

1. Ordinary solid waste from all different sources is classified into two main groups:

a) Group of materials that can be recovered for reuse and recycling: production waste; household and industrial electrical and electronic equipment; transportation means; expired products used for production and consumption; paper, metal, glass, or other plastic packaging...

b) Group of waste requiring treatment and landfilling: organic waste (various types of plants, leaves, vegetables, food, animal carcasses, etc.); consumer products containing harmful chemicals (batteries, accumulators, lubricating oils, etc.); other types of solid waste that cannot be reused.

2. Construction solid waste such as organic sludge, rock, earth, and construction materials generated during demolition work must be classified:

a) Earth and organic sludge from excavation and surface soil dredging can be used for land reclamation for planting;

b) Rock, earth, and solid waste from construction materials (bricks, tiles, mortar, concrete, expired binding materials) can be recycled or reused as filling material for construction projects;

c) Solid waste in the form of broken glass, steel, wood, paper packaging, and plastics can be recycled and reused.

Article 21. Classification of Hazardous Solid Waste

1. Ministries and sectors shall guide the classification and storage of hazardous solid waste from production activities, services, research, and testing under their respective management to facilitate the collection and classification of solid waste.

2. The Ministry of Natural Resources and Environment shall issue a list of hazardous solid wastes.

Article 22. Responsibilities and Obligations of the Source Producers of General Solid Waste

1. Responsibilities and obligations of individuals and households:

a) Every individual must dispose of solid waste in accordance with regulations at public places;

b) Households must classify solid waste using sanitary containers or bags of different colors and dispose of it in designated locations;

c) Households conducting renovation or demolition of construction projects must register with urban environmental companies or directly sign contracts with authorized units for the transportation of construction waste to dispose of waste in designated locations;

d) Households located in cities or villages with production establishments must be responsible for classifying waste and contracting with waste collectors, transporters, and processors;

đ) Households in rural areas, remote regions without waste collection systems must process solid waste according to local government guidelines, not dumping waste on roads, rivers, streams, canals, or surface water sources. Packaging containing hazardous chemicals or expired agricultural and forestry products must be stored separately in special bags, collected, transported, and processed separately;

e) Have the obligation to pay sanitation fees as prescribed by local authorities.

2. Responsibilities and obligations of agencies, businesses, service providers, industrial establishments, and craft villages:

a) Must collect and classify general solid waste at the source using sanitary equipment as directed by waste collection and transportation organizations;

b) Must sign service contracts for waste collection, transportation, and processing; pay the full service fee as stipulated in the contract.

Article 23. Responsibilities of the Source Producers of Hazardous Solid Waste

1. Responsibilities of the source producers of hazardous solid waste:

a) Must register with the local state environmental protection agency;

b) Classify, package, store, and retain hazardous solid waste at the facility until transported to the designated treatment location as required. Hazardous solid waste must be labeled with necessary information as prescribed.

2. The Ministry of Natural Resources and Environment shall guide the registration of source producers of hazardous solid waste.

Chapter IV

COLLECTION, STORAGE, AND TRANSPORTATION OF SOLID WASTE

Article 24. Collection, Storage, and Transportation of General Solid Waste

1. The collection, storage, and transportation of general solid waste shall be carried out by service companies, cooperatives, or households (hereinafter referred to as waste collectors and transporters) through service contracts.

2. General solid waste in cities must be collected along routes and in methods consistent with approved solid waste management plans.

3. Main streets, commercial areas, parks, squares, residential concentrations, traffic hubs, and other public areas must have facilities for storing solid waste.

4. The capacity of solid waste storage containers within buildings must be appropriate for the retention period. Public area storage containers must meet technical standards and aesthetic requirements.

5. The retention time for solid waste must not exceed two days.

6. Solid waste transportation vehicles must be specialized, meeting technical standards and safety requirements, inspected, and permitted for operation by competent authorities.

7. During the transportation of solid waste, leakage, spillage, dust, and odor emissions must be prevented.

Article 25. Collection, storage, and transportation of hazardous solid waste

1. The collection, storage, and transportation of hazardous solid waste shall be carried out by organizations with appropriate capacity and licensed by competent state authorities to manage hazardous waste.

2. The source generators of hazardous solid waste may organize their own collection, storage, and transportation to treatment sites if they have sufficient capacity and are licensed by competent state management authorities. If they lack sufficient capacity, the source generators must enter into contracts with organizations licensed by competent state authorities for the activities of collecting, storing, and transporting hazardous solid waste.

3. Ministries and sectors shall guide the on-site collection and storage of hazardous solid waste at production facilities, craft villages, healthcare institutions, and research and testing facilities under their management.

4. The Ministry of Natural Resources and Environment shall stipulate the conditions of capacity and guide the issuance of licenses for managing hazardous waste.

Article 26. Responsibilities of the collectors and transporters of general solid waste

1. Collectors and transporters of solid waste must ensure a constant supply of manpower and equipment necessary for the collection and transportation of all solid waste at specified locations.

2. Place solid waste storage containers at designated locations; provide waste bags to households and instruct households, organizations, and individuals generating solid waste to sort waste at the source.

3. Announce widely the time, location, and routes for the collection of solid waste at residential areas.

4. Collect and transport solid waste to designated locations.

5. Be responsible for the spillage of solid waste, odor dispersion, and negative impacts on the environment during the collection and transportation process.

6. Be responsible for training staff in operational skills and equipping them with labor protection gear for the collection and transportation of solid waste.

7. Be responsible for organizing regular health check-ups for workers involved in the collection and transportation of solid waste.

8. Other responsibilities as stipulated in public service contracts.

Article 27. Responsibilities of the collectors and transporters of hazardous solid waste

1. Ensure the quantity of collection equipment, transportation means, and other safety equipment necessary to transfer all hazardous solid waste to designated locations according to service contracts signed with waste sources.

2. Collection equipment and transportation means for hazardous solid waste must meet technical requirements when in operation, be registered, and licensed for circulation on roads or waterways in accordance with laws on traffic.

3. Repair, maintain, and clean collection and transportation equipment and means for hazardous solid waste.

4. Management personnel and those directly involved in the collection and transportation of hazardous solid waste must meet capacity requirements, be trained in management and operation to ensure safety and environmental hygiene during operations.

5. Direct labor involved in the collection and transportation of hazardous solid waste must be equipped with labor protection gear and undergo regular medical examinations.

6. Be responsible for the spillage, leakage, and dispersion of hazardous waste into the environment.

Article 28. Responsibilities of authorities, organizations, and community residents in the collection and transportation of solid waste

1. Provincial and district People's Committees shall be responsible for organizing the management activities of solid waste on their respective localities; announcing and publicizing the planning for solid waste management; conducting inspections, checks, and handling violations of laws related to the collection and transportation of solid waste.

2. Ward and commune People's Committees, organizations, and community residents shall be responsible for supervising the process of collecting and transporting solid waste within their areas. In case of discovering violations of laws concerning solid waste management, they must report to the competent authority at the local level for handling according to the law.

3. The contents of supervision over the collectors and transporters of solid waste include:

a) Collection and transportation procedures that have been announced: provision of waste bags; time, location, and routes for collection; destination for transportation;

b) Requirements to ensure environmental hygiene during the collection and transportation of solid waste;

c) Requirements regarding equipment and protective gear for workers;

d) Payment of sanitation fees as prescribed.

Chapter V

SOLID WASTE TREATMENT

Article 29. Technologies for treating solid waste

1. Waste incineration technology generating energy.

2. Organic fertilizer production technology.

3. Biogas production technology.

4. Wastewater treatment technology.

5. Recycling waste into construction materials and products.

6. Reusing valuable components from waste.

Sanitary landfilling of solid waste.

Hazardous waste landfilling.

Other technologies.

Article 30. Selection of solid waste treatment technologies

1. The selection of solid waste treatment technologies must be based on the nature and composition of the waste and specific conditions of each locality.

2. Encouragement is given to the selection of advanced integrated technologies for recycling and reusing waste to produce raw materials and energy.

3. Encouragement is given to the application of advanced technologies to thoroughly treat waste, reduce the volume of solid waste requiring landfilling, conserve land resources for landfilling, and ensure environmental hygiene.

Article 31. Responsibilities of investors during operation

1. Responsibilities:

a) Organizing and operating solid waste management facilities according to the approved project content;

b) Being responsible for paying taxes and financial obligations to the state as stipulated by law;

c) When environmental incidents occur, the investor must take emergency measures to ensure safety for people and property; organize rescue operations and promptly inform the local authority or specialized environmental protection agency about pollution or environmental incidents for coordinated handling;

d) Upon closing a landfill or ceasing operations of a solid waste treatment facility, the investor must notify the relevant state agencies managing environmental protection about the closure date of the landfill and cessation of operations of the solid waste treatment facilities;

đ) Immediately after closing a landfill or ending operations of a solid waste treatment facility, the investor must carry out restoration and improvement of the landscape; and implement measures to prevent environmental pollution;

e) Within no more than two years from the closure date of the landfill and one year from the cessation of operations of the solid waste treatment facility, the investor must complete the handover procedures to return the land to the state;

g) Being responsible for monitoring the environment and tracking environmental changes for at least five years following the closure of the landfill or cessation of operations of the solid waste treatment facility. The results of environmental monitoring must be reported to the local state agency managing environmental protection;

h) Upon expiration of the land lease period, the investor of the solid waste treatment facility and auxiliary works must request permission from the relevant state agencies if there is a need to continue operations;

2. Rights:

a) Receiving support and incentives from the state as provided in Clause 2, Article 14 of this Decree and according to other legal provisions;

b) Having priority in exploiting and using landfills, solid waste treatment facilities, and auxiliary works after the cessation of operations.

Article 32. Responsibilities of Solid Waste Treatment Operators

1. Solid waste treatment operators are only permitted to operate when:

a) The construction projects for solid waste treatment facilities have completed all components and been inspected and put into operation in accordance with laws on investment and construction;

b) There is an environmental monitoring program, plans, and measures to ensure safety during operation;

c) For hazardous solid waste treatment, the operator must hold a hazardous solid waste treatment business license issued by competent state agencies.

2. Responsibilities of solid waste treatment operators:

a) Only allowed to accept and treat types of solid waste specified in the project from waste sources or collection and transportation organizations approved by competent authorities;

b) Operate the solid waste treatment facility according to the technological process stated in the project and approved by competent state agencies;

c) Record and retain waste records and submit periodic reports every six months to state management agencies responsible for environmental protection;

d) Develop plans, programs, and measures to prevent and respond to environmental incidents;

đ) Implement environmental monitoring programs at the facility. Monitoring programs and results must be submitted to state management agencies responsible for environmental protection every six months;

e) Implement occupational safety plans during operations and ensure the health of workers.

Article 33. Environmental Quality Monitoring at Solid Waste Treatment Facilities

1. At solid waste treatment facilities and auxiliary works of different scales, environmental monitoring must be organized throughout the operational period and five years after landfill closure and cessation of operations. Solid waste treatment operators must conduct environmental monitoring at least every six months.

2. Environmental monitoring includes: air environment, underground and surface water environment, soil and ecosystem environment, noise, vibration.

3. Locations of monitoring stations should be arranged at characteristic points where environmental changes caused by solid waste treatment facilities can be identified. Locations and frequencies of monitoring must be determined in the environmental impact assessment report approved by competent state agencies.

4. Reports on environmental monitoring results must be sent to local state management agencies responsible for environmental protection.

Article 34. Restoration and Reuse of Areas After Landfill Closure and Cessation of Operations of Solid Waste Treatment Facilities

1. Restoration and reuse of areas after landfill closure and cessation of operations of solid waste treatment facilities 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 landfill sites, the treatment of leachate and gas must continue normally;

c) Monitor environmental changes at monitoring stations after landfill closure and cessation of operations of solid waste treatment facilities;

d) Prepare topographic maps of the area after landfill closure and cessation of operations of solid waste treatment facilities;

đ) Propose environmental control measures for subsequent years;

e) Prepare handover documents for the land to be managed and used by competent state agencies;

g) When reusing landfill sites, strict checks must be conducted on gas recovery wells. Landfilling may only proceed when the pressure difference between gas well pressure and atmospheric pressure is less than 5%.

2. Procedures for landfill closure, cessation of operations, and land use conversion:

a) Implement restoration and improvement of the environmental landscape in the solid waste treatment area and landfill site;

b) Within six months from the date of landfill closure, the investor of the solid waste treatment facility must report to the state management agency responsible for environmental protection regarding the current status of the landfill and auxiliary works. This report must be prepared by a specialized organization with sufficient capacity and include the following contents:

- Operational status, effectiveness, and operational capability of all works within the landfill including: landfill liner system, leachate collection and treatment system, surface and groundwater management system, gas collection system, groundwater quality monitoring system...;

- Results of wastewater quality monitoring from the landfill to the environment, groundwater quality, air quality;

- Compliance with current regulations and restoration and improvement of the landfill area's landscape. The report must clearly identify cases of non-compliance with current regulations and propose corrective measures;

- Current condition drawings of the solid waste treatment facility and landfill.

c) After landfill closure, no persons or animals are allowed to enter freely, especially the peak area where gas accumulates; safety signs and instructions must be posted in the landfill.

3. Before handing over the land to competent authorities, the investor of the solid waste treatment facility must establish and hand over archival documents to local archival agencies in accordance with laws on archiving. The content of archival documents includes:

a) Survey and geological investigation materials;

b) All project investment and construction documents, completion drawings of construction works for the solid waste treatment facility;

c) Receipt and treatment records and logs during the operational period;

d) Periodic environmental monitoring reports;

đ) Landfill closure and cessation of operations plan;

e) Environmental protection plan;

g) Environmental quality monitoring and supervision plan;

h) Report on the current environmental status assessment of the solid waste treatment facility at the time of closure and cessation of operations;

i) Other related documents.

4. The Ministry of Construction shall take the lead and coordinate with the Ministry of Natural Resources and Environment to guide the restoration, reuse, land use conversion, and environmental monitoring of solid waste treatment facilities after cessation of operations.

Chapter VI

SOLID WASTE MANAGEMENT COSTS

Article 35. Management of Construction Investment Costs and Solid Waste Treatment Costs

1. The management of costs for projects to construct solid waste treatment facilities using state budget funds shall be carried out in accordance with laws on construction and other relevant laws.

2. For household solid waste, treatment costs shall be compensated through the state budget outside the revenue from sanitation fees collected from waste generators. The treatment entity collects costs from the collection and transportation entities according to service contracts.

3. For industrial solid waste, treatment costs shall be directly collected from waste generators (in cases where waste generators transport waste directly to treatment facilities or the treatment entity provides full-service collection, transportation, and treatment) or through collection and transportation entities.

4. Management of solid waste treatment costs using state budget funds shall be implemented in accordance with current regulations. The Ministry of Construction shall guide methods for establishing and managing public service cost estimates for solid waste treatment.

5. Provincial People's Committees shall establish and promulgate unit prices for public services within their jurisdictions.

Article 36. Management of Collection and Transportation Costs for Solid Waste

1. The management of costs for household solid waste collection and transportation services using state budget funds shall be carried out in accordance with the law.

2. For household solid waste, in addition to sanitation fee revenues as prescribed, local authorities shall compensate collection and transportation costs from the local budget based on service contracts.

3. For industrial solid waste, waste generators must:

a) Pay collection, transportation, and treatment costs to collection and transportation entities according to service contracts;

b) Directly pay collection, transportation, and treatment costs to treatment entities if the treatment entity implements a full-service contract;

c) Provincial People's Committees shall issue unit prices and approve budgets for waste collection and transportation services to serve as bases for tendering public services funded by state budget funds.

Article 37. Service Contracts for Solid Waste Management

1. Service contracts for solid waste management include the following types:

a) Service contracts for solid waste collection, transportation, and treatment;

b) Service contracts for solid waste collection and transportation;

c) Service contracts for solid waste treatment.

2. Value of service contracts:

a) For household solid waste, the value of service contracts shall be determined based on approved budgets by competent authorities or through service tender results;

b) For industrial solid waste, the value of service contracts shall be determined by agreement based on budgets prepared by waste collection, transportation, and treatment entities.

Chapter VII

INSPECTION, AUDIT AND VIOLATION HANDLING

Article 38. Inspection and Supervision

1. Environmental inspection bodies at all levels shall perform functions of inspection, supervision, and handling violations related to solid waste management. The content, form, and methods of environmental inspection activities shall be carried out in accordance with Decree No. 65/2006/NĐ-CP dated June 23, 2006, of the Government on the organization and operation of Environmental Inspection Bodies.

2. Organizations, individuals, and households have the responsibility to promptly detect, prevent, or report to local authorities any acts violating the law in solid waste management activities.

Article 39. Handling violations

1. Organizations, individuals, and households that violate the provisions of this Decree shall be subject to administrative penalties according to the nature and degree of violation as stipulated in Decree No. 126/2004/NĐ-CP dated May 26, 2004, of the Government on administrative penalties in construction activities, infrastructure urban management, and housing use; Decree No. 81/2006/NĐ-CP dated August 9, 2006, of the Government on administrative penalties in environmental protection, or compensation for damages according to the law.

2. Organizations, individuals, and households that intentionally violate the law and cause serious environmental consequences may be criminally prosecuted according to the law.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 40. Implementation organization

1. The Minister of Construction, the Minister of Natural Resources and Environment, and relevant ministries and sectors shall be responsible for guiding and implementing this Decree.

2. Ministers, heads of agencies at the ministerial level, heads of government agencies, Chairmen of provincial People's Committees, and Chairmen of municipal People's Committees directly under the Central Government are responsible for enforcing this Decree.

Article 41. Transitional Provisions

Investment projects to construct solid waste treatment facilities that have been approved, and public service contracts for waste collection, transportation, and treatment that were implemented before the effective date of this Decree shall continue to be implemented according to the regulations in effect at the time of project approval or according to the contents of the signed service contracts.

Article 42. Effective Date

This Decree shall take effect fifteen days from the date of publication in the Official Gazette./.