Chương I Nghị định 08/2022/NĐ-CP : Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree elaborates on clause 4 Article 9; clause 5 Article 13; clause 4 Article 14; clause 4 Article 15; clause 3 Article 20; clause 4 Article 21; clause 4 Article 23; clause 2 Article 24; clause 3 Article 25; clause 7 Article 28; clause 7 Article 33; clause 7 Article 37; clause 6 Article 43; clause 6 Article 44; clause 5 Article 46; clause 8 Article 49; clause 6 Article 51; clause 4 Article 52; clause 4 Article 53; clause 5 Article 54; clause 5 Article 55; clause 7 Article 56; clause 3 Article 59; clause 5 Article 61; clause 1 Article 63; clause 7 Article 65; clause 7 Article 67; point d clause 2 Article 69; clause 2 Article 70; clause 3 Article 71; clause 8 Article 72; clause 7 Article 73; clause 4 Article 78; clause 3, Clause 4 Article 79; clause 3 Article 80; clause 5 Article 85; clause 1 Article 86; clause 1 Article 105; clause 4 Article 110; clause 7 Article 111; clause 7 Article 112; clause 4 Article 114; clause 3 Article 115; point a clause 2 Article 116; clause 7 Article 121; clause 4 Article 131; clause 4 Article 132; clause 4 Article 135; clause 5 Article 137; clause 5 Article 138; clause 2 Article 140; clause 5 Article 141; clause 4 Article 142; clause 3 Article 143; clause 5 Article 144; clause 4 Article 145; clause 2 Article 146; clause 7 Article 148; clause 5 Article 149; clause 5 Article 150; clause 3 Article 151; clause 4 Article 158; clause 6 Article 160; clause 4 Article 167; clause 6 Article 171 of the Law on Environmental Protection (LEP) regarding protection of environmental components; environmental zoning, strategic environmental assessment (SEA), environmental impact assessment (EIA); environmental licenses, environmental registration; environmental protection during production, business operation, service provision, urban and rural environmental protection and in some fields; waste management; responsibilities of exporters and importers for recycling and treating products and packages; environmental monitoring; environmental information systems and database; environmental emergency prevention and response plans, compensation for environmental damage; economic instruments and resources for environmental protection; state management, inspection and provision of online public environmental services.

Article 2. Regulated entities

This Decree applies to agencies, organizations, residential communities, households and individuals whose activities involve the contents specified in Article 1 of this Decree within the territory of the Socialist Republic of Vietnam, including mainland, islands, territorial waters, underground space and airspace.

Article 3. Definitions

For the purposes of this Decree, the terms below shall be construed as follows:

1. “rainwater collection and drainage system” of a business includes a water collection and drainage network (pipes, manholes, culverts, canals, ditches, and detention basins), pumping stations for rainwater drainage and other auxiliary works for the purpose of rainwater collection, conveyance and drainage, and anti-flooding.

2. “wastewater collection, treatment drainage system” of a business includes a wastewater collection and drainage network (pipes, manholes, culverts), wastewater pumping stations, wastewater treatment works and other auxiliary works for the purpose of wastewater collection and treatment and drainage of treated wastewater into water bodies.

3. “in situ waste treatment works and equipment” include works and equipment produced and pre-assembled or built in situ to treat wastewater and exhaust gas from a household business; parks, recreation areas, concentrations of businesses and service providers, markets, train stations, bus stations, ports, ferry terminals and other public areas; households and individuals that generate wastewater emissions subject to mandatory treatment according to regulations of LEP.

4. “cooling water” means water that serves the purpose of cooling equipment and machinery during production and does not come into direct contact with raw materials, materials, fuels and chemicals used in the production stages.

5. “waste self-treatment” means an waste treatment activity performed by a waste generator within a waste-generating facility using items, production lines or environmental protection works that meet the environmental protection requirements.

6. “waste reuse” means the reuse of waste directly or after pre-processing. Waste pre-processing means the use of merely mechanical-physical technical measures to change physical properties such as size, humidity and temperature to facilitate the classification, storage, transport, reuse, recycling, and co-processing, treatment to blend or to separate the components of the waste in accordance with the different management processes.

7. “waste recycling” means a process of using technological solutions and techniques to recover valuable components from waste.

8. “waste treatment” means a process of using technological and technical solutions (as opposed to pre-processing) to reduce, eliminate, isolate, burn, destroy and burry waste and harmful components in waste.

9. “wastewater” means water which has its characteristics and nature altered and is discharged from production, business operations, services, daily-life activities or other activities.

10. “normal solid waste” means waste not included in the list of hazardous wastes and the list of controlled industrial waste of which hazardous elements exceed the hazardous waste thresholds.

11. “domestic solid waste” (also called “domestic waste”) means solid waste generated from daily activities of people.

12. “industrial waste” means waste generated from production, business operations and services, including hazardous waste, controlled industrial waste and normal industrial solid waste.

13. “microplastics in products and goods” mean any solid and water-insoluble plastic particle which is less than 05 mm in size, primarily consists of synthetic or semi-synthetic polymers and is intentionally added to products and goods, including toothpaste, laundry detergents, soap, cosmetics, shampoo, shower gel, facial cleansers and other skin bleaching products.

14. “single-use plastic products” mean products (other than non-replaceable attachments) including trays, food containers, bowls, chopsticks, glasses, cups, knives, spoons, forks, straws and other cutlery with plastic components which are designed and marketed with the intention to be used once before being discharged into the environment.

15. “non-biodegradable plastic packaging” means packaging which is primarily composed of petroleum-based polymers such as polymers Ethylene (PE), Polypropylene (PP), Polymer Styrene (PS), Polymer Vinyl Chloride (PVC) and Polyethylene Terephthalate (PET) and is usually non-biodegradable or lasts for long periods of time in the environment (water environment, soil environment or at a solid waste landfill).

16. “wildlife sanctuaries” include national parks, nature reserves, habitat/species management areas and landscape protected areas established in accordance with regulations of law on biodiversity, forestry and fisheries.

17. “environmental goods” mean technologies, equipment and products intended to protect the environment.

18. “environmental information system” means a system established using an overall architecture including people, machinery, equipment, techniques, data and programs intended for receiving, processing, storing and distributing environmental information to users in a certain environment.

19. “wastewater discharge quota” means the pollutant load that may continue to be discharged into a water body.

20. “point source pollution” means any single identifiable source of pollution from which pollutants are discharged directly into the environment.

21. “non-point source pollution” means any source of pollution discharges to the environment which is diffused and without a single identifiable point of origin.

22. “waste treatment service provider” means a provider that provides waste treatment services (including waste co-processing and recycling services) to households, individuals, agencies, organizations, businesses, dedicated areas for production, business operation and service provision and industrial clusters.