Chương VIII Luật Bảo vệ môi trường 2005: Quản lý chất thải

Chapter VIII

WASTE MANAGEMENT

SECTION 1. GENERAL PROVISIONS OF WASTE MANAGEMENT

Article 66: Waste Management Responsibilities

1. Organizations and individuals engaged in activities that generate wastes, shall have the responsibility to reduce, recycle and reuse wastes so as to minimize the volumes of wastes required to be discharged and disposed of.

2. Wastes must be identified in terms of their sources, volumes and characteristics in order that appropriate treatment methods and procedures shall be applied in accordance with specific categories of waste.

3. Organizations and individuals engaged in production, business and service activities shall be granted the environmental standard compliance certificate if waste management is well performed.

4. Waste management shall be performed in accordance with the provisions of this Law and the other provisions of the relevant law.

Article 67: Take-Back and Treatment of Expired or Discarded Products

1. Owners            of production, business and service establishments shall have the responsibility to take back the following expired or discarded products:

(a) Radioactive sources used in production, business and service activities;

(b) Batteries and accumulators;

(c) Home and industrial electronic and electric equipment;

(d) Greases, lubricants and packaging materials that are naturally persistent degradable;

(e) Medicine products and chemicals used in industry, agriculture, fisheries, and medicines for disease treatment in humans;

(f) Means of transport;

(g) Tubes and tires;

(h) Other products in accordance with the regulations of the Prime Minister of the Government.

2. The Prime Minister of the Government shall regulate the take-back and treatment of products as stipulated in Paragraph 1 of this Article.

Article 68: Waste Recycling

1. Wastes must be segregated at source into categories according to the purposes of recycling, treatment, disposal of, and land- filling.

2. Organizations and individuals engaged in the recycling of wastes and products as stipulated in Article 67, shall be entitled to preferential policies in accordance with the provisions of this Law and the other provisions of the relevant law.

3. Organizations and individuals that invest in the construction of waste recycling facilities shall be entitled to preferential treatment of tax, financial support and land use given by the State for constructing waste recycling facilities.

Article 69: Waste Management Responsibilities of People’s Committees at all Levels

1. Planning and providing spaces for the storage of domestic solid wastes, and constructing centered domestic wastewater treatment systems and landfills.

2. Making investments in, constructing and operating public works to serve waste management within the extent of their management.

3. Inspecting and evaluating projects on waste management implemented by organizations and individuals prior to operation.

4. Promulgating and implementing preferential and support policies for waste management activities in accordance with the provisions of the law.

SECTION 2. HAZARDOUS WASTE MANAGEMENT

Article 70: Hazardous Waste Management Dossiers Compilation, Registration, Licensing and Code Numbers

1. Organizations and individuals engaged in activities that generate hazardous wastes, or parties engaged in hazardous waste management, must compile dossiers

of hazardous waste management and register with specialized agencies of environmental protection at provincial level.

2. Organizations and individuals that are eligible to hazardous waste management shall be granted operational licenses and code numbers for operating hazardous waste management.

3. The Ministry of Natural Resources and the Environment shall stipulate terms and conditions of the qualification, and provide the guidance for compiling dossiers, registering, and licensing and granting code numbers for operating hazardous waste management.

Article 71: Hazardous Waste Segregation, Collection and Temporary Storage

1. Organizations and individuals engaged in activities that generate hazardous wastes must organize the segregation and collection of hazardous wastes or make contracts for the transfer of hazardous waste management with parties that receive hazardous waste management to collect hazardous wastes.

2. Hazardous wastes must be temporarily stored with specialized equipment to ensure the avoidance of their leakage, spillage and release into the environment.

3. Organizations and individuals must develop plans of, and provide facilities for, the prevention and control of incidents caused by hazardous wastes; and must avoid the mixture of hazardous and general wastes.

Article 72: Transport of Hazardous Wastes

1. Hazardous wastes must be transported with appropriately specialized equipment and by specialized means of transport, along assigned routes and on schedules stipulated by competent traffic management authorities.

2. Only organizations and individuals that hold the license of hazardous waste transport may participate in the transport.

3. Means of transport of hazardous wastes must be provided with facilities to prevent and control the leakage and spillage of, and incidents caused by, hazardous wastes.

4. Organizations and individuals engaged in the transport of hazardous wastes shall be responsible for the occurrence of hazardous waste leakages, spillages and environmental incidents during transport, loading and/or unloading processes.

Article 73: Treatment of Hazardous Wastes

1. Hazardous wastes must be treated by methods, technologies and equipment that are in accordance with chemical, physical and biological characteristics of specific hazardous waste categories in order to ensure the compliance with the environmental standards; in case there is no such treatment technologies and equipment available in the country, hazardous wastes must be stored in accordance with the regulations of the law and the guidance of the State management agencies of environmental protection until the treatment of hazardous wastes is taken place.

2. Only organizations and individuals that are granted licenses and code numbers for operating hazardous waste management may participate in the treatment of hazardous wastes.

3. Organizations and individuals that make investments in the construction of hazardous waste facilities must prepare environmental impact assessment reports and comply with the requirements for environmental protection.

4. The transfer of hazardous waste treatment responsibilities between owners of activities that generate hazardous wastes and parties that receive hazardous waste treatment shall be performed under contracts that are certified by specialized agencies of environmental protection at provincial level.

5. A contract for the transfer of hazardous waste treatment responsibilities must clearly specify the origins, compositions, categories, technologies of treatment and measures of land-filling waste residues upon the treatment.

Article 74: Hazardous Waste Treatment Facilities

1. Hazardous waste treatment facilities must comply with the following requirements for environmental protection:

(a) Being consistent with the approved planning of hazardous waste collection, treatment and land-filling;

(b) Having lists of hazardous wastes for treatment registered;

(c) Having hazardous waste treatment technologies registered and reviewed;

(d) Being located at an environmentally safe distance from residential areas, nature reserves, surface and ground water resources;

(e) Having plans developed, and facilities provided for environmental incident prevention and response;

(f) Having been designed and constructed in compliance with technical specifications and technology processes to ensure that hazardous waste treatment meet the environmental standards;

(g) Having been inspected and certified by the competent State management agencies of environmental protection prior to operation;

(h) Hazardous wastes that must be stored with specialized equipment appropriate to specific hazardous waste categories before and after the treatment taken place;

(i) Ensuring the safety for the health and life of workers working in hazardous waste treatment facilities in accordance with the law on labor.

2. The Ministry of Construction shall, in collaboration with the Ministry of Natural Resources and the Environment, have the primary responsibility to stipulate technical criteria, provide guidance of, inspect and certify hazardous waste treatment facilities.

Article 75: Hazardous Waste Landfill Sites

1. Hazardous waste landfill sites must comply with the following requirements for environmental protection:

(a) Being located in accordance with the planning of, and designed according to technical requirements for, hazardous waste landfill sites; and at an environmentally safe distance from residential areas, nature reserves, surface and groundwater resources for the purpose of domestic consumption; and having fences and warning signs installed.

(b) Having plans developed, and facilities provided for environmental incident prevention and response;

(c) Ensuring environmentally sanitary conditions and avoiding the release of toxic gases into the ambient environment;

(d) Having been inspected and certified to comply with technical requirements for the receipt and land-filling of hazardous wastes by the competent State management agencies.

2. The Ministry of Construction shall, in collaboration with the Ministry of Natural Resources and the Environment, have the primary responsibility to stipulate technical criteria, provide guidance of, inspect and certify the hazardous waste landfill sites.

Article 76: Planning of Hazardous Waste Collection, Treatment and Land-filling

1. The Ministry of Construction shall, in collaboration with the Ministry of Natural Resources and the Environment and provincial level People’s Committees have the primary responsibility to develop and submit to the Prime Minister of the Government a national master planning of hazardous waste collection, treatment and land-filling for approval.

2. Contents of the national master planning of hazardous waste collection, treatment and land-filling include:

(a) Inventory, assessment and prediction of hazardous waste sources, categories and quantities;

(b) Location of hazardous waste treatment facilities and landfill sites;

(c) Establishment of procedures for hazardous waste collection, transport routes, locations, scales, categories and storages; and identification of technologies for hazardous waste treatment, recycling, disposal and land-filling;

(d) Identification of plans and resources required to ensure that hazardous wastes of all categories are fully inventoried and thoroughly treated.

3. Provincial level People’s Committees shall have the responsibility to provide spaces for the construction of hazardous waste landfill sites in accordance with the approved planning.

SECTION 3. MANAGEMENT OF GENERAL SOLID WASTES

Article 77: Classification of General Solid Wastes

1. General solid wastes are classified into two major categories as follows:

(a) Solid wastes that can be reusable and recyclable;

(b) Solid wastes that are subject to the disposal and land-filling.

2. Organizations and individuals that generate general solid wastes shall have the responsibility to exercise the segregation of solid wastes at source in order to improve the efficiency of waste management.

Article 78: General Solid Waste Collection and Transport

1. Organizations and individuals engaged in the management of centered production, business and service areas, centered residential areas and public places must adequately provide proper collection facilities to receive solid wastes in accordance with procedures for waste segregation at source.

2. General solid wastes must be transported according to categories of wastes segregated at source and with appropriately specialized equipment to ensure the avoidance of their leakage and spillage and odor dispersion during the transport.

The transport of wastes within urban centers and residential areas must be only performed along routes designated by the competent traffic authorities.

3. General solid wastes shall be made use to the maximum for the purposes of recycling and reuse; and disposal of general solid wastes that are of values for the purposes of recycling and other uses shall be restricted.

Article 79: General Solid Waste Recycling and Disposal Facilities and Landfill Sites

1. General solid waste recycling and disposal facilities and landfill sites must comply with the following requirements:

(a) Being in accordance with the approved planning of general solid waste collection, recycling, disposal and land-filling;

(b) Not being located adjacent to residential areas, surface water bodies and locations where groundwater aquifers are likely to be contaminated;

(c) Having been designed, constructed and operated properly to ensure that the treatment be performed thoroughly, economically and efficiently without causing environmental pollution;

(d) Having sub-zones constructed for the treatment of leachate leaching from general solid wastes;

(e) Having been inspected and certified by the State management agencies of environmental protection upon the construction, the receipt of wastes and the operation of waste recycling, treatment or disposal facilities shall be allowed.

2. Provincial level People’s Committees shall have the responsibility to direct the construction and management of general solid waste recycling and disposal facilities and landfill sites in localities.

3. The Ministry of Construction shall, in collaboration with the Ministry of Natural Resources and the Environment, have the primary responsibility to stipulate technical criteria, provide guidance of, inspect and certify the general solid waste recycling, disposal and landfill sites.

Article 80: Planning of General Solid Waste Collection, Recycling, Disposal and Land-filling

1. The planning of general solid waste collection, recycling, disposal and land- filling shall consist of the following contents:

(a) Inventory, assessment and prediction of sources of wastes and total quantities of wastes generated;

(b) Assessment of capacities for segregating wastes at source and recycling;

(c) Identification of sites and scales of collection points and waste recycling, disposal and landfill facilities;

(d) Selection of appropriate technologies;

(e) Identification of schedules and resources for performance.

2. Provincial level People’s Committees shall have the responsibility to provide spaces, organize the construction and management of general solid waste recycling and disposal facilities and landfill sites in localities in accordance with the approved planning.

3. The Ministry of Construction shall, in collaboration with the Ministry of Natural Resources and the Environment, have the primary responsibility to develop and submit to the Prime Minister of the Government a national master plan of general solid waste collection, recycling, disposal and land-filling for approval.

SECTION 4. WASTEWATER MANAGEMENT

Article 81: Wastewater Collection and Treatment

1. Urban centers and residential areas must be provided with separate storm water and wastewater collection systems; domestic wastewater effluents must be treated to comply with the environmental standards before discharging into the environment.

2. Wastewater effluents discharged from production, business and service units and their centered areas must be collected and treated to comply with the environmental standards.

3. Sludge from wastewater treatment systems must be managed in accordance with the regulations on solid waste management.

4. Wastewater and their sludge containing hazardous factors must be managed in accordance with the regulations on hazardous waste management.

Article 82: Wastewater Treatment Systems

1. The following objects must be subject to the installation of wastewater treatment systems:

(a) Centered production, business and service areas;

(b) Craft village industrial areas and clusters;

(c) Production, business and service units that are not connected to centered wastewater treatment systems;

2. Wastewater treatment systems must comply with the following requirements:

(a) Having technology processes applied to be appropriate to specific categories of wastewater for treatment;

(b) Having sufficient capacity built to provide efficient treatment services for specific volumes of wastewater discharged;

(c) Having wastewater treatment performed to comply with the environmental standards;

(d) Having treated wastewater outlets connecting to drainage systems constructed in places that are accessible to inspection and monitoring activities.

(e) Operating on a routine basis.

3. Owners in charge of the management of wastewater treatment systems must periodically perform the monitoring of wastewater quality before and after the treatment. Monitoring data shall be recorded to serve as basis for inspecting and monitoring the performance of wastewater treatment systems.

SECTION 5. MANAGEMENT AND CONTROL OF DUSTS, AIR EMISSIONS, NOISE, VIBRATION, LIGHT AND RADIATION

Article 83: Dust and Air Emission Management and Control

1. Organizations and individuals engaged in production, business and service activities that emit dusts and gaseous wastes shall have the responsibility to control and treat dusts and air emissions to comply with the environmental standards.

2. The consumption of fuels and raw materials and the operation of equipment and facilities that release toxic gases into the environment must be restricted.

3. Means of transport, machinery, equipment and construction works that release dusts and gaseous wastes must be provided with filters and devices that reduce gaseous wastes, and with coverings or other measures to minimize dusts to comply with the environmental standards.

4. Dusts and gaseous wastes containing toxic factors must be managed according to the regulations on hazardous waste management.

Article 84: Management of Gases that Cause Greenhouse Effects and Deplete the Ozone Layer

1. The Ministry of Natural Resources and the Environment shall have the responsibility to inventorize greenhouse gas emissions nationwide in order to comply with the international treaties to which the Socialist Republic of Viet Nam is a Contracting Party.

2. The transfer of, and trade in, greenhouse gas emissions quotas between Viet Nam and other foreign countries shall be stipulated by the Prime Minister of the Government.

3. The State shall encourage production, business and service establishments to reduce greenhouse gas emissions.

4. The production, import and use of compounds that deplete the ozone layer must be prohibited in accordance with the international treaties to which the Socialist Republic of Viet Nam is a Contracting Party.

Article 85: Reduction in Noise, Vibration, Light and Radiation Levels

1. Organizations and individuals that generate noise, vibration, light and radiation at levels higher than the environmental standards shall have the responsibility to control and treat to comply with the environmental standards.

2. Production, business and service units located within residential areas that generate noise, vibration, light and radiation at levels higher than the permissible standards must take mitigation and improvement measures to avoid causing effects on the life and health of local residential communities.

3. Roads of highly dense traffics, and construction works that generate noise, vibration, light and radiation at levels higher than the permissible standards must take mitigation and improvement measures to comply with the environmental standards.

4. The production, import, transport, trade in, and use of firecrackers must be prohibited. The production, import, transport, trade in, and use of fireworks shall be implemented in accordance with the regulations of the Prime Minister of the Government.