Chương VIII Nghị định 38/2015/NĐ-CP: Bảo vệ môi trường trong nhập khẩu phế liệu

Chapter VIII

ENVIRONMENTAL PROTECTION IN DISCARDED MATERIAL IMPORT

Article 55. Entities permitted to import discarded materials from abroad to Vietnam

1. Organizations and individuals directly using discarded materials as raw materials for production.

2. Organizations and individuals entrusted to import by organizations and individuals using imported discarded materials as raw materials for production.

Article 56. Conditions on environmental protection in discarded material import

1. Organizations and individuals directly importing discarded materials as raw material for production must meet the following conditions:

a) Storage warehouse of imported discarded materials shall be as follows

- Have rainwater collection system; collection systems and treatment measures of wastewater generated in the process of storage of discarded materials meeting national technical regulation on environment.

- Have a foundation high level that is not flooded; the floor in storage area of discarded materials designed to prevent rainwater runoff from the outside; ensure tight floors with no cracks made from waterproofing materials which are durable enough to withstand the load of the highest volumes of waste as calculated.

- Have walls and partitions of incombustible materials. Be covered from rain and shine for the entire region storing incombustible discarded materials; Have measures or designs to restrict the direct inward wind.

- Have fire protection equipment (at least one foam and sand  fire-extinguisher to put out the fire), exit diagrams, exit guidance signs in consistence with instructions of the competent agencies on fire protection under provisions of the legislation on fire protection.

b) Storage area of imported discarded materials shall be as follows

- Have rainwater collection system; treatment measures of first phase rainwater flowed over the imported discarded material area and wastewater generated in the process of storage of discarded materials meeting national technical regulation on environment.

- Have a foundation high level that is not flooded; the floors ensuring tightness with no cracks made from waterproofing materials which are durable enough to withstand the load of the highest volumes of waste as calculated.

- Have measures to minimize dust generating from storing areas of discarded materials.

- Have fire protection equipment (at least one foam and sand  fire-extinguisher to put out the fire), in consistence with instructions of the competent agencies on fire protection under provisions of the legislation on fire protection.

c) Technology, equipment of recycling, reuse of discarded materials must meet technical requirements and management process as prescribed;

d) There are technologies and equipment for treatment of impurity accompanying the discarded materials meeting environmental standards. Where there is no technology and equipment for treatment of impurity, they must be transferred to the unit with appropriate functions to treat;

dd) Imported discarded materials must be deposited under the provisions of this Decree must be paid;

e) There is a written commitment on the re-export or treatment of discarded materials in case the imported discarded materials do not meet the requirements of environmental protection.

2. Organizations and individuals entrusted import must meet the following conditions:

a) Have an import entrustment contract concluded with organizations and individuals that use imported discarded materials as raw material for production meeting the provisions of Paragraph 1 of this Article;

b) Deposit discarded materials imported under the provisions of this Decree;

c) Have a written commitment on the re-export or treatment of discarded materials in case the imported discarded materials do not meet the requirements of environmental protection.

d) Must not store the imported discarded materials in case there is no warehouse meeting the conditions specified in Paragraph 1 of this Article.

3. The Minister of Natural Resources and Environment shall specify the procedures for certification of meeting environmental protection in discarded material import as raw material for production as defined in Paragraphs 1 and 2 of this Article; provide guidance on the technical requirements and environmental protection for technology, equipment of treatment of impurities accompanying imported discarded materials as prescribed in Point d, Clause 1 of this Article.

Article 57. Purposes and methods of deposit of imported discarded materials

1. The purpose of deposit of imported discarded materials is ensuring organizations and individuals importing discarded materials to be responsible for handling of risk, risk of environmental pollution that may arise from imported discarded material shipments.

2. Organizations and individuals importing discarded materials shall deposit in Vietnam environment protection funds or commercial banks where organizations and individuals open the main trading account.

3. Method of deposit:

a) The deposit shall be paid, reimbursed in Vietnam dong;

b) The deposit shall be entitled to demand interest rate from the date of deposit.

Article 58. Deposits of imported discarded materials

1. Organizations and individuals that import discarded iron and steel must deposit imported discarded materials with an amount as follows:

a) If the import volume is less than 500 tonnes, the deposit shall be 10% of the total value of imported discarded material shipments;

b) If the import volume is from 500 tonnes to less than 1.000 tonnes, the deposit shall be 15% of the total value of imported discarded material shipments;

c) If the import volume is 1.000 tonnes or more, the deposit shall be 20% of the total value of imported discarded material shipments;

2. Organizations and individuals that import discarded paper and plastic must deposit imported discarded materials with an amount as follows:

a) If the import volume is less than 100 tonnes, the deposit shall be 15% of the total value of imported discarded material shipments;

b) If the import volume is from 100 tonnes to less than 500 tonnes, the deposit shall be 18% of the total value of imported discarded material shipments;

c) If the import volume is 500 tonnes or more, the deposit shall be 20% of the total value of imported discarded material shipments;

3. Organizations and individuals importing discarded materials outside the provisions of Paragraph 1 and Paragraph 2 of this Article shall deposit for imported discarded materials with the defined amount of 10% of the total value of imported discarded material shipments.

Article 59. Depositing process of imported discarded materials

1. Organizations and individuals importing discarded materials must deposit prior to customs clearance procedures for imported discarded materials at least 15 working days.

2. After receiving the deposit, Vietnam environment protection Funds or commercial banks shall certify the depositing of organizations and individuals importing discarded materials. Authenticated copies of certificates of deposit must be submitted together with the customs clearance documents for imported discarded materials.

Article 60. Management and use of deposits of imported discarded materials

1. Vietnam environment protection funds or commercial banks where organizations and individual deposit imported discarded materials shall responsible for blockade of deposited amount.

2. Vietnam environment protection funds or commercial banks that have received deposits shall refund the deposit to the organizations and individuals importing discarded materials within 05 working days after receiving written requests of organizations and individuals importing discarded materials together with true certified copies of customs declarations stamped for customs clearance certification or true certified copy of the customs declarations stamped and certified re-exporting of discarded materials.

3. In case imported discarded materials are not granted customs clearance or cannot be re-exported, the deposited amount shall be used to pay the cost of violated discarded material treatment. If the deposited amount for discarded material import is insufficient to pay all of the costs for violated imported discarded material treatment, the organizations or individuals importing discarded materials shall have to pay these expenses.

4. If the deposited amount is left after payment for violated imported discarded material treatment, within 05 working days after receiving the written opinion of the provincial People’s Committees where the handling of violations of the fulfillment of waste treatment is carried out, Vietnam environment protection funds or commercial banks shall repay the remaining deposited amount to organizations and individuals importing discarded materials.

5. The Minister of Natural Resources and Environment shall take charge and cooperate with the Minister of Finance to stipulate the procedures and use of the deposited amount for discarded material import for handling of imported discarded materials that cannot be re-exported.

Article 61. Responsibilities of the Minister of Natural Resources and Environment

1. Take charge and cooperate with relevant agencies to guide, inspect the importation of discarded materials as raw materials for production in accordance with the provisions of the Law on Environmental Protection.

2. Request the Prime Minister for consideration and decision on trial import of discarded materials and adjustment, supplement the list of discarded materials that are allowed to import from abroad as raw material for production.

Article 62. Responsibilities of provincial People’s Committees

1. Provincial People’s Committees where the production facilities of organizations or individuals are located shall provide guidelines on periodic inspection of environmental protection activities of organizations and individuals importing discarded materials and report to the Ministry of Natural Resources and Environment on the import and use of discarded materials and environmental issues related to imported discarded materials before March 31 of following year.

2. provincial People’s Committees at the place of violation shall have following responsibilities:

Direct, guide, make plans, and handle imported discarded material shipments;

b) Take charge and cooperate with the provincial People’s Committees where the production facilities of the organizations or individuals are located to handle violations for imported discarded material shipments.

Article 63. Responsibilities of organizations and individuals importing, using discarded materials

1. Comply with regulations on environmental protection in discarded materials imports.

2. Pay fully for costs of imported discarded material treatment in case the deposited amount is not enough to treat imported discarded material violating the regulations on environmental protection.

3. Report on the import and use of discarded materials in the year and submit to the Service of Natural Resources and Environment annually before January 15 of the following year.

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