Chương IX Luật bảo vệ môi trường 2014: Quản lý chất thải

Chapter IX

WASTE MANAGEMENT

Section 1. GENERAL REGULATIONS ON WASTE MANAGEMENT

Article 85. Requirements applied to waste management

1. Wastes must be managed throughout the process of generation, minimization, classification, collection, transport, recycling, and destruction.

2. Conventional wastes that contain hazardous wastes beyond permissible limits and cannot be classified shall be managed in accordance with hazardous waste.

3. The Government shall elaborate regulations on waste management.

Article 86. Minimization and recycling of wastes

1. Wastes that can be recycled and used as energy must be classified.

2. Owners of manufacturing and business organizations that produce wastes are responsible for minimizing, recycling wastes, or transfer wastes to the organizations capable of recycling such wastes.

Article 87. Collecting and treating discarded products

1. Owners manufacturing and business establishments must collect and treat discarded products.

2. Users are responsible for taking discarded products to proper places.

3. The People’s Committees and environment authorities shall facilitate manufacturing and business establishments to collect discarded products.

4. Discarded products shall be collected and treated in accordance with decisions of the Prime Minister.

Article 88. Responsibilities of the People’s Committees for waste management

The People’s Committees, within the area of their competence, are obliged to:

1. Formulate, approve and implement planning for local waste treatment infrastructure.

2. Invest in and operate public works serving local waste management.

3. Introduce incentive policies to support waste management as prescribed by law.

Article 89. Responsibilities of investors in industrial parks, export-processing zones, hi-tech zones for waste management

1. Provide sufficient areas for gathering wastes under their management.

2. Develop and operate concentrated sewage treatment systems.

Section 2. MANAGEMENT of HAZARDOUS WASTES

Article 90. Document compilation, registration and licensing of hazardous waste treatment

1. Every entity that discharges hazardous wastes shall compile documents about hazardous wastes and apply for registration with an environment authority.

2. Only capable and licensed entities may process hazardous wastes.

3. The Ministry of Natural Resources and Environment shall compile a list of hazardous wastes and issue licenses to process hazardous waste.

Article 91. Classification, collection, and storage of hazardous wastes prior to processing

1. Every entity that discharges hazardous wastes must collect, store, and process hazardous wastes in accordance with environmental standards; if the entity that discharges hazardous wastes fails to process hazardous wastes in accordance with environmental standards, hazardous wastes shall be transferred to an entity licensed to process hazardous wastes.

2. Hazardous wastes must be kept in specialized containers that ensure no negative impacts on humans and the environment.

Article 92. Transport of hazardous wastes

1. Hazardous wastes must be transported with suitable vehicles and equipment which are specified in the license to process hazardous wastes.

2. Hazardous wastes transported to another country must comply with the international agreements to which the Socialist Republic of Vietnam is a signatory.

Article 93. Conditions of facilities that process hazardous wastes

1. Its location is approved by a competent authority.

2. Its distance ensures no negative impacts on the environment and human.

3. There are technologies and specialized equipment for storing and processing hazardous waste in accordance with environmental standards.

4. There are constructions and measures for environmental protection.

5. There are managers granted certificates and qualified technicians.

6. There are procedures for safe operation of specialized equipment.

7. There is an environmental protection plan.

8. There is a plan for environmental remediation after shutdown.

9. There is an environmental impact assessment report approved by the Ministry of Natural Resources and Environment.

Article 94. Waste management contents in environmental protection planning

1. Assessment and forecast for sources and amount of hazardous wastes.

2. Ability to collect and classify at source.

3. Ability to recycle.

4. Locations and scale of the gathering, recycling, and processing sites.

5. Hazardous waste processing technologies.

6. Resources

7. Schedule.

8. Task assignment.

Section 3. MANAGEMENT CONVENTIONAL SOLID WASTES

Article 95. Responsibility to classify conventional solid wastes

Owners of manufacturing and business establishments, organizations, households, and individuals that produce conventional solid wastes are responsible for classifying them at source to facilitate their recycling and processing.

Article 96. Collection and transport of conventional solid wastes

1. Conventional solid wastes shall be collected, stored, and transported with specialized vehicles and equipment.

2. Environment authorities shall organize the collection, storage, and transport of conventional solid wastes locally.

Article 97. Recycling and treating conventional solid wastes

Owners of manufacturing and business establishments, organizations, households, and individuals that produce conventional solid wastes are responsible for recycling and treating them. If conventional solid wastes cannot be recycled or treated, they shall be sent to the organizations capable of recycling such or processing such wastes.

Article 98. Conventional solid waste management contents in environmental protection planning

1. Assessment and forecast for sources and amount of conventional solid wastes.

2. Ability to collect and classify at source.

3. Ability to recycle.

4. Location and scale of the gathering, recycling, and processing sites.

5. Conventional solid waste treatment technologies

6. Resources

7. Schedule.

8. Task assignment.

Section 4. WASTEWATER MANAGEMENT

Article 99. GENERAL REGULATIONS ON WASTEWATER MANAGEMENT

1. Wastewater shall be collected and treated in accordance with environmental standards.

2. Wastewater that contains hazardous elements beyond the permissible limits shall be managed in accordance with regulations on hazardous wastes

Article 100. Collection and treatment of wastewater

1. Every urban area and concentrated residential area must have a system for separating rainwater and wastewater.

2. Wastewater produced by manufacturing and business establishments must be collected and treated in accordance with environmental standards.

3. Waste sludge from wastewater treatment systems shall be managed in accordance with regulations of law on solid waste management; waste sludge that contains hazardous wastes beyond permissible limits and shall be managed in accordance with hazardous wastes.

Article 101. Sewage treatment system

1. The following entities must have sewage treatment systems:

a) Concentrated manufacturing/business zones;

b) Trade villages complexes;

c) Manufacturing and business establishments that are not connected to any concentrated sewage treatment systems.

2. Every sewage treatment system must:

a) Have a technology process suitable for the type of wastewater that needs treating;

b) Have a treatment capacity that is sufficient for the amount of wastewater produced;

c) Treat wastewater according to environmental standards;

d) Has the wastewater discharge outlets located at positions convenient for inspection and supervision;

dd) Be operated regularly.

3. The manager of the sewage treatment system shall carry out periodic monitory before and after the treatment. Monitory data shall be kept as the basis for sewage treatment system inspection.

4. Manufacturing and business establishments that produce a large amount of wastewater that is likely to harm the environment must carry out automatic environmental monitoring send data to competent authorities as prescribed by the Ministry of Natural Resources and Environment.

Section 5. MANAGEMENT AND CONTROL OF DUST, EXHAUST GASES, NOISE, VIBRATION, LIGHT, AND RADIATION

Article 102. Management and control of dust and exhaust gases

1. Any entity that produces dust and/or exhaust gases during their business operation shall take measures to control and treat dust/exhaust gases in accordance with environmental standards.

2. Vehicles, machinery, equipment, constructions that produce dust and/or exhaust gases must have filters, covers, or other parts to minimize exhaust gases and reduce dust in accordance with environmental standards.

3. Dust and exhaust gases that contain hazardous elements beyond the permissible limits shall be managed in accordance with regulations on hazardous wastes.

Article 103. Management and control of noise, vibration, light, and radiation

1. Any entity that creates noise, vibration, light, and/or radiation must take measures to control and treat them in accordance with environmental standards.

2. Manufacturing and business establishments in residential areas that create noise must take measures to minimize them to avoid affecting the local community.

3. Managers of the routes with heavy traffic that produces noise, vibration, light, and radiation must take measures to minimize them in accordance with environmental standards.

4. It is prohibited to manufacture, import, transport, sell, and use firecrackers. The Prime Minister shall decide the manufacture, import, transport, sale, and use of firework.