Nghị định 40/2019/NĐ-CP sửa đổi các Nghị định hướng dẫn Luật bảo vệ môi trường

THE GOVERNMENT -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 40/2019/ND-CP	Hanoi, May 13, 2019

 

DECREE

ON AMENDMENTS TO DECREES ON GUIDELINES FOR THE LAW ON ENVIRONMENT PROTECTION

Pursuant to the Law on Government Organization dated December 19, 2015;

Pursuant to the Law on Environment protection dated June 23, 2014;

At the request of the Minister of Natural Resources and Environment;

The Government promulgates a Decree on amendments to Decrees on guidelines for the Law on Environment Protection.

Article 1. Amendments to the Government’s Decree No. 18/2015/ND-CP dated February 14, 2015 on environmental protection planning, strategic environmental assessment, environmental impact assessment and environmental protection plans (hereinafter referred to as the Government’s Decree No. 18/2015/ND-CP)

1. Article 2a shall be added as follows:

 “Article 2a. Interpretation of terms

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

1. “main works or items of project” means main product production lines, main construction items of a project referred to in the feasibility study report, economic-technical report or investment project dossier.

2. “industrial parks” means common name of industrial parks, export-processing zones, and ancillary industry parks, eco-industrial parks, industrial - urban areas - services parks, high-tech parks, industrial clusters.”

2. Article 8 shall be amended as follows:

‘Article 8. Implementation of SEA

1. The strategies and planning subject to SEA are prescribed in Appendix I Section I issued together with this Decree.

2. The agency formulating strategies, planning or the agency authorized to formulate strategies, planning (hereinafter referred to as formulating agency) of strategies and planning prescribed in Clause 1 of this Article shall conduct SEA and send an application for assessment of SEA report to the SEA report assessment authority prescribed in Clause 1 Article 16 of the Law on Environment Protection. The application for assessment of SEA report shall be submitted in person or sent by post or sent online via the online public service system to the SEA report assessment authority, including:

a) 01 application form for SEA report assessment using the form No. 01 of Appendix V Section I issued herewith;

b) 09 SEA reports with required contents prescribed in Article 15 of the Law on Environment Protection and contents prescribed in Clause 5 Article 10 hereof;

c) 09 draft strategies or planning.

If the number of members of SEA report assessment council is more than nine (09) members, the formulating agency must provide additional SEA reports and draft strategies or plannings at the request of the assessment authority.

3. The formulating agency shall take legal responsibility for results of SEA, information, figures in their SEA report.”

3. Clause 4 Article 10 shall be amended and Clauses 5, 6, 7 and 8 shall be added to Article 10 as follows:

“4. The SEA report assessment authority must conduct the assessment and send the results to the SEA report assessment applicant within 25 working days from the day on which the valid and complete application is received.

5. Checklists of SEA report assessment:

a) Legal bases referred to in formulating strategies or planning and conducting SEA;

b) Methods used in conducting SEA (including names of methods and how to implement the methods);

c) Viewpoints, objectives, policies, solutions concerning environment protection associated with the strategies or planning referred to in the SEA report;

d) Main environmental issues which have been forecasted and identified before implementing the strategies or planning;

dd) Positive and negative evaluation and forecast of main environmental issues;

e) Evaluation and forecast of impact trend of climate change in implementing the strategies or planning;

g) Proposed solutions for maintenance of positive trend, prevention and minimizing negative trend of main environmental issues;

h) Viewpoints, objectives and tasks, solutions of the strategies or planning to be amended; environmental issues which have been identified but have not been adjusted in the strategies or planning;

i) Issues to be studied and analyzed during implementation of the strategies or planning.

6. Within 7 working days from the meeting of SEA report assessment council, the SEA report assessment authority shall send a notice of result of SEA report of the strategies or planning to the formulating agency; in case of SEA report of planning, it shall be concurrently sent to the standing body of the planning assessment council.

7. After studying, acquiring or gaining perception of opinions of the assessment council, the formulating agency shall complete the SEA report and resend it to SEA report assessment authority. The dossier includes:

a) 01 explanatory perception of opinions of for SEA assessment council using the form No. 02 of Appendix V Section I issued herewith;

b) 01 bound hardcopy with hard back of SEA report or 01 e-copy with the “.doc" extension containing the content of the report and 01 e-file with the “.pdf” extension containing the scan of the entire report (including appendices); 01 hardcopy of the draft strategies or planning or 01 e-copy of the draft strategies or planning which has been completed.

8. Within 10 working days from receipt of the completed SEA report, the SEA report assessment authority shall send a notice of result of SEA using form No. 03 Appendix V Section I issued herewith to the agency prescribed in Clause 2 Article 17 of the Law on Environment Protection and the formulating agency; in case of SEA report of planning, it shall be concurrently sent to the standing body of the planning assessment council to combine it into the planning assessment report.”

4. Clause 2a shall be added and Clauses 4, 5 and 6 Article 12 shall be amended as follows:

a) Clause 2a shall be added as follows:

 “2a. Main contents of EIA report are specified in the Article 22 of the Law on Environment Protection. To be specific:

a) Waste treatment solutions: It is required to evaluate waste treatment solutions and choose waste treatment technologies meeting requirements for environment protection. In a construction project having a waste treatment work, for the environment assessment purpose, it is required to have a description and fundamental design plan (if the project requires multiple design steps) or a construction drawing design plan (if the project only requires one design step) of the waste treatment work in accordance with construction laws; it is required to have a plan for prevention and response to environmental incidents during the construction, commissioning and operation;

b) The environmental management and supervision program to be adopted during the construction stage of the project; proposed environmental management and monitoring program to be adopted during the commissioning and operation stages;

c) Plans for adoption of environment protection solutions, including:

- Plans for collection, management and treatment of waste discharged during the construction process of the project (solid waste, emissions, hazardous waste, domestic garbage, domestic wastewater, other types of liquid waste such as chemical waste, drain cleaners, etc.), which comply with regulations on environment protection;

- Schemes for construction or installation of environment protection works, waste treatment equipment, automatic and continuous wastewater and emission monitoring equipment required by law; schemes for adoption of other environment protection solutions for the operation stage of the project;

d) With respect to a project to expand scale, upgrade capacity or change technology of an ongoing facility or industrial park, it is required to add more contents in the EIA report, including the evaluation of performance and environment protection activities of the existing facility or industrial park and the consolidated evaluation of environmental impact of the existing facility or industrial park and the project to expand scale, upgrade capacity or change technology;

dd) With respect to a project to construct industrial parks and a project of a kind of manufacturing possibly causing environment pollution prescribed in Appendix IIa Section I issued together with, the EIA report must have a plan for prevention and response to environmental incidents related to emissions and a plan for prevention and response to environmental incidents related to wastewater in accordance with Decree No. 38/2015/ND-CP;

e) With respect to a mineral extraction project, the EIA report must have a plan for environmental improvement and remediation in accordance with Article 6 of Decree No. 19/2015/ND-CP; with respect to a project to extract sand, gravels and other minerals in rivers, streams, canals, reservoirs and estuaries, coasts, the EIA report must evaluate the impact on river-bed, banks and floodplains in accordance with law on water resources.

Structure and contents of the EIA report are specified in the form No. 04 Appendix VI Section I issued herewith. The Ministry of Natural Resources and Environment shall stipulate specific structure and contents and technical guidance suitable for certain types of projects in different sectors.”

b) Clauses, 4, 5 and 6 shall be amended as follows:

“4. During the implementation of EIA, the project owner shall consult with the People’s Committee of communes, wards and towns (hereinafter referred to as communes) where the project is carried out, with organizations or community under the direct environmental impact of the project (wastewater, emissions, dust, solid waste, hazardous waste, depression, landslide, accumulation, noise, biodiversity); research and receive objective opinions and reasonable requests of relevant entities in order to minimize the negative effects of the project on the natural environment, biodiversity and community health.

With respect to a project to build interprovincial, interdistrict transport infrastructure, telecommunications infrastructure and power transmission lines, the project owner shall only consult with the People’s Committee of province or central-affiliated city (hereinafter referred to as province) if the project is based in at least 2 provinces or consult with the People’s Committee of district, town, provincial-affiliated city, or city affiliated to central-affiliated city (hereinafter referred to as district) if the project is based in at least 2 districts.

With respect to a project based at a territorial sea or continental shelve which cannot identify the administrative authority of the People’s Committee of commune, the project owner shall only consult with People’s Committee of province where the waste receiving site of the project is located.

With regard to project of ocean dumping and disposal of dredged materials or a project prescribed in Point dd Clause 2a of this Article which discharges at least 10,000m3 of wastewater per day (24 hours) or directly discharges wastewater into an interprovincial river or a river bordering provinces or directly discharges wastewater into coastal sea, the project owner shall also consult with the People’s Committee of province having the interprovincial river, the river bordering provinces or coastal sea to cooperate in deal with environment protection issues in the region.

5. The People’s Committees prescribed in Clause 4 of this Article and the organizations under the direct impact of the project shall be consulted according to procedures below:

a) The project owner shall send EIA reports to the People’s Committees and organizations under the direct impact of the project together with the written requests for opinions using form No. 01 Appendix VI Section I issued herewith;

b) Within 15 working days, from the date on which the EIA reports are received, the People’s Committees and organizations under the direct impact of the project shall send their responses using the form No. 02 Appendix VI Section I issued herewith if they do not approve the project.

6. The consultation with the community under direct environmental impact of the project shall be carried out in the form of community meeting co-chaired by project owner and the People’s Committee of the commune where the project is carried out together with the participation of representatives of Vietnamese Fatherland Front of communes, socio-political organizations, socio-professional organizations, neighborhoods, villages convened by the People’s Committee of the commune. All opinions of delegates attending the meeting must be sufficiently and honestly stated in the meeting minutes using the form No. 03 Appendix VI Section I issued herewith.”

5. Article 14 shall be amended as follows:

“Article 14. Preparation, assessment and approval for EIA reports

1. For an investment project, only one EIA report shall be made.

2. The project owner shall submit the EIA report to the competent authority for assessment before the following points of time:

a) Regarding a mineral extraction project, the EIA report shall be submitted before the competent authority carries out the assessment to issue or modify the license for mineral extraction;

b) Regarding a project of oil and gas exploration and extraction, the EIA report shall be submitted before the competent authority carries out the assessment and grants approval for the exploration plan, oil field development plan;

c) Regarding a construction project, the EIA report shall be submitted before the competent authority carries out the assessment of feasibility study report, economic-technical reports or basic design, construction drawing design (if the project only requires one design step).

If a project has the same competent authority which carries out the assessment of EIA report and basic design or construction drawing design, all of above dossiers shall be submitted concurrently for assessment as prescribed;

d) Regard other projects not specified in Points a, b and c of this Clause, the EIA report shall be submitted before the decision on approval for the project is granted.

3. The competence of the EIA report assessment authorities:

a) The Ministry of Natural Resources and Environment shall assess and approve the EIA reports on projects prescribed in Appendix III Section I issued herewith, except for projects subject to national defense and security secrets;

b) Ministries, ministerial agencies shall assess and approve the EIA reports on projects under their competence in approval for investment, except for projects in Appendix III Section I issued herewith.

If a ministry or ministerial agency has no environment authority to assess EIA reports, the Ministry or ministerial agency shall send a written request enclosed with the EIA report dossier submitted by the project owner to the Ministry of Natural Resources and Environment or the People’s Committee of province where the project is based to solicit consultation before considering approval for the EIA report. Within 15 working days, from receipt of the written request sent by the Ministry or ministerial agency, the Ministry of Natural Resources and Environment or the People’s Committee of province must provide a reply to requirements for environment protection specified in the Appendix enclosed with the Form No. 06 Appendix VI Section I issued herewith for the Ministry or ministerial agency as the basis for approval for EIA report of the project;

c) The Ministry of National Defense and the Ministry of Public Security shall assess and approve EIA reports on projects subject to national defense and security secrets and projects under their competence in approval for investment, except for projects prescribed in Appendix III Section I issued herewith;

d) The People’s Committee of the province shall assess and approve EIA reports on projects in the province not specified in Point a, b and c of this Clause.

4. Assessment of EIA report shall be carried out as prescribed in Clause 1 Article 24 of the Law on Environment Protection, in specific:

a) Assessment through consultation of relevant organizations (hereinafter referred to as assessment through consultation) shall be subject to decision of the head of the authority assigned to carry out assessment (hereinafter referred to as the assessment authority). In necessary cases, the assessment authority may solicit consultation of certain experts in environment and other sectors related to the project. Organizations and experts from whom the consultations are sought shall respond in writing within 7 working days from the receipt of consultation request enclosed with the EIA report dossier of the project. Projects subject to assessment through consultation include:

- A project in industrial park and the industrial park has the EIA report which has been approved, or the equivalent environment procedures which have been completed, or the wastewater treatment infrastructure has been improved and the environment protection work completion has been certified as per the law, in conformity with industries permitted to attract investment to the industrial park, except for projects subject to EIA reports prescribed in Appendix IIa Section I issued herewith;

- A project subject to re-compilation of EIA report prescribed in Article 15 hereof;

- A project applying the best technical method and environmental management experience method as prescribed by the Minister of Natural Resources and Environment.

b) Regarding projects not specified in Point a of this Clause, the assessment of EIA reports shall be carried out by the assessment council established by the head of the assessment authority with at least 7 members.

5. Members of the assessment council or organizations or experts from whom the consultations are sought shall consider the contents of a EIA report prescribed in Article 22 of the Law on Environment Protection, Clause 2a Article 12 hereof and give written reply to the consultation request as the basis for the assessment authority o consider approving the EIA report; and take responsibility for their replies.

6. Environment protection authorities of ministries, ministerial agencies, the People’s Committees of the provinces shall play as standing agencies in charge of EIA report assessment shall:

a) Verify the completeness of the EIA report;

b) In exceptional circumstances, for the purpose of assessment through council and submission for approval, the standing assessment authority shall carry out the following tasks:

- Inspect and survey the project site;

- Solicit consultations of relevant organizations and experts;

- Hold thematic meetings between experts.

c) Consolidate assessment result of the council or gather opinions of organizations and experts from whom the consultations are sought, submit and then request the head of assessment authority to consider approving the EIA report;

d) Funding for assessment activities specified in Point b of this Clause can be sourced from the fees for assessment of EIA reports. Regarding a complicated project which has large environmental impact and requires engagement of international consultants, the Minister of Natural Resources and Environment shall decide the engagement of experts as per the law and funding for engagement of international experts shall comply within regulations of law in force.

7. Checklists of EIA report assessment

a) The conformity of project with the strategies or planning (if any), laws and regulations on environment protection, nature conservation and biodiversity;

b) The appropriateness of methods for environmental impact assessment to be used;

c) The appropriateness of evaluations of selection of production technologies, work items and project activities possibly causing harm to the environment;

d) The data analysis and aggregation result about environment and socio-economic conditions where the project is based and the appropriateness of the project site;

dd) Evaluation and forecast of waste source, production, scope and hazardous properties of wastewater, emissions, conventional industrial solid waste, hazardous waste and other particular types of waste; impacts of waste and other impacts of the project to the environment and community health; evaluation and forecast of risks of environmental incidents caused by the waste;

e) Requirements, regulations, technical regulations and standards of environment applicable to the project;

g) The appropriateness of environment protection solutions, including: plan for collection and management of waste; wastewater treatment solutions and technologies; dust and emission remission solutions and technologies; plan for storage, management and treatment of hazardous waste; plan for storage, management and treatment of conventional industrial solid waste; plan for management of other waste solutions and technologies; plan for environmental improvement and remediation (if any); solutions to minimize other negative impacts of the project to the environment; plan for prevention and response to the environment incidents caused by the waste produced from the project;

h) The appropriateness of environmental management and supervision program;

i) Commitments to environment protection of the project owner.

8. The application for assessment of EIA report shall be submitted in person or sent by post or sent online via the online public service system to the EIA report assessment authority as prescribed in Clause 3 of this Article, including:

a) 01 application form for EIA report assessment using the form No. 05 of Appendix VI Section I issued herewith;

b) 01 feasibility study report or economic-technical report or equivalent documents;

c) 07 EIA reports.

If the number of members of the EIA report assessment council is more than seven (07) members, the project owner must provide additional EIA reports.

9. Time limit for assessment of EIA reports:

a) Time limit for assessment through council of the Ministry of Natural Resources and Environment is 30 working days from the day on which the valid and complete application is received; particularly for projects under list of kinds of manufacturing likely causing environmental pollution prescribed in Appendix IIa Section I issued herewith, the time limit for assessment is 45 working days from the day on which the valid and complete application is received;

b) Time limit for assessment through council of ministries, ministerial agencies and People’s Committees of provinces is 25 working days from the day on which the valid and complete application is received; particularly for projects under list of kinds of manufacturing likely causing environmental pollution prescribed in Appendix IIa Section I issued herewith, the time limit for assessment is 30 working days from the day on which the valid and complete application is received;

c) Time limit for assessment through consultation from relevant organizations is 20 working days from the day on which the valid and complete application is received.

10. The assessment result is used to issue a decision on approval for EIA report.

After the EIA report has been assessed and approved without further modification or with further modification requirement, the assessment authority shall send a notice of assessment result to the project owner within 5 working days from the completion date of assessment.

If the EIA report needs further modification, within 12 months from the receipt of assessment result (time limit for completion of the EIA report not included in the assessment period), the project owner must complete the EIA report at the request of the assessment authority and send the application for approval of EIA report, including:

a) 01 application form for approval for EIA report, which specifies modified contents according to the conclusion of the assessment council, other than the case which does not need modification;

b) Each EIA report is bound with hardcover with the signature of the project owner at the bottom of each page of the report or bearing fan stamping including appendixes in sufficient number, then the reports shall be sent to the address prescribed in Clause 13 of this Article together with 01 CD containing 01 electronic text file in format ".doc" contains the contents of the report and 01 electronic text file in formats ".pdf" contains scanned content of the entire report (including appendixes).

11. After receiving the application for approval for the EIA report sent by the project owner, the assessment authority must:

a) Within 20 working days from the date on which the application for approval for the EIA report, the head of the assessment authority shall issue the decision on approval for the EIA report using the form No. 06 Appendix VI Section I issued herewith;

b) If the application is rejected, it is required to provide explanation in writing within 10 working days from the date on which the application for approval for EIA report is received.

12. The decision on approval for EIA report shall be legally binding and the basis for the competent authority to inspect and supervise the implementation of environmental protection requirements of the project.

13. The EIA report assessment authority must publish the approval decision and EIA report on its website and send the approval decision and EIA report to the project owner and the following authorities:

a) Regarding the EIA report under competence in assessment and approval of the Ministry of Natural Resources and Environment: the approval decision and the EIA report shall be sent to the People’s Committee of the province where the project is carried out;

b) Regarding the EIA report under competence in assessment and approval of Ministries or ministerial-level agencies: the approval decision and the EIA report shall be sent to the Ministry of Natural Resources and Environment, the People’s Committee of the province where the project is carried out, excluding the projects under state secrets on defense and security;

c) Regarding the EIA report under competence in assessment and approval of the People’s Committee of the province: the approval decision and the EIA report shall be sent to the Ministry of Natural Resources and Environment, the People’s Committee of district, and the People’s Committee of the commune, the Department of Natural Resources and Environment and the management board of industrial park if the project is carried out in the industrial park.

14. After receiving the approval decision and the EIA report sent by Ministries or ministerial-level agencies, the People’s Committee of the province shall copy the decision and send it to Services of Natural Resources and Environment, the People’s Committee of district, and the People’s Committee of the commune where the project is carried out and the management board of industrial park if the project is carried in the industrial park.

15. If there is a change in project owner, the new project owner shall keep implementing the approval decision and give notices to the EIA report approval authority and the provincial environment protection authority.”

6. Article 15 shall be amended as follows:

“Article 15. Re-compilation of EIA reports

1. Projects specified in Point a and Point b Clause 1 Article 20 of the Law on Environment Protection need re-compilation of EIA reports.

A construction project considered not being executed for 24 months prescribed in Point a Clause 1 Article 20 of the Law on Environment Protection means that the project owner has not performed any item during the construction stage of the project as prescribed by law on construction.

2. Projects specified in Point c Clause 1 Article 20 of the Law on Environment Protection which have not been put into operation need re-compilation of EIA reports including:

a) Expansion of scale and increase of capacity (expanding the main production lines, supplement main works and items) of the project resulting in production of waste beyond the waste treatment capacity of environment protection works as compared with the plan in the EIA report approval decision;

b) Change in production technologies of main products of the project; change in waste treatment technologies of the project which possibly causes negative environmental impact as compared with the plan for EIA report approval decision;

c) Expansion of the investment scale of the industrial park; provide for the industrial park extra investment sectors of a kind of manufacturing possibly causing environment pollution prescribed in Group I and Group II Appendix IIa Section I issued herewith.

3. Project owners specified in Clause 1 hereof may keep executing the project only after the competent authority re-approves the latter EIA report; project owners specified in Clause 2 hereof may carry out above changes only after the competent authority re-approves the latter EIA report.

The latter EIA report approval decision shall replace the former EIA report approval decision.

4. The re-compilation of, re-assessment and re-approval for EIA report shall be carried out following the prescribed procedures in form of consultation.”

7. Article 16 shall be amended as follows:

“Article 16. Responsibility of the project owner pertaining to the approved EIA report

1. Gain perception of sufficient contents and requirements of the EIA report approval decision to the investment project, construction investment project.

2. Cooperate with the People’s Committee of commune from which the consultations are sought, during the EIA report compilation, in posting publicly the EIA report approval decision at the head office of the People’s Committee of commune, except for the case of consultation exemption prescribed in Clause 3 Article 21 of the Law on Environment Protection.

3. Strictly satisfy requirements prescribed in Article 26 and Article 27 of the Law on Environment Protection.

4. During the construction stage of the project, if the project owner has any change prescribed in Clause 2 Article 26 of the Law on Environment Protection, it must send a written report to the EIA report approval authority and make such change only after receiving a decision on environmental approval in the following cases:

a) Construction projects of industrial park infrastructure with additional investment sectors of a kind of manufacturing possibly causing environment pollution under group III Appendix Iia Section I issued herewith;

b) Expansion of scale and increase of capacity; change of technology of the project of a kind of manufacturing possibly causing environment pollution prescribed in Appendix Iia Section I issued herewith not subject to re-compilation of EIA report prescribed in Clause 2 Article 15 hereof.”

8. Article 16a shall be added as follows:

"Article 16a. Procedures for environmental approval granted to the cases prescribed in Clause 4 Article 16 hereof shall be carried out as follows:

1. An application for environmental approval includes:

a) An application for change requested by the project owner using form No. 07 Appendix VI Section I issued herewith;

b) Reports on changes; environmental impacts, waste arising out of changes; impact minimizing and waste treatment solutions accompanied by changes in environmental management and supervision using form No. 08 Appendix VI Section I issued herewith.

2. Time limit for considering granting environmental approval:

a) Within 15 working days from the date on which the satisfactory application is received regarding projects under assessment of the Ministry of Natural Resources and Environment;

b) Within 10 working days from the date on which the satisfactory application is received regarding projects not prescribed in Point a of this Clause;

c) If the application is unsatisfactory or needs further modification, the EIA report approval authority shall request such modification within 5 working days.

3. The consideration and grant of environmental approval shall be carried out through soliciting consultations from at least 3 experts as the basis for the EIA report approval authority to consider granting the approval.”

9. Article 16b shall be added as follows:

"Article 16b. Commissioning of waste treatment works under decision on approval for EIA report of project

1. A waste treatment work of project must undergo the commissioning process to assure that all treatment works and equipment of wastewater, dust, emissions, solid waste and hazardous waste (hereinafter referred to as waste treatment works) meet the conformity requirements and technical regulations on waste. Other environment protection works include: Works to collect and store domestic solid waste, conventional industrial solid waste and hazardous solid waste; environment protection works other than waste treatment works subject to commissioning process.

2. A project owner subject to construction or installation of waste treatment works may only put the waste treatment works into commissioning together with the commissioning of the entire project or for each investment phase of project (if the project is divided into investment phases) or put the waste treatment works into commissioning independently when all the conditions below are satisfied:

a) Waste treatment works have been completed in accordance with the decision on approval for EIA report or decision on approval for modified EIA report (if any);

b) The installation of automatic and continuous waste monitoring equipment and system has been completed to monitor the quality of wastewater and emissions as per the law;

c) Waste treatment works have operating process meeting environmental protection requirements;

d) The as-built documents of waste treatment works which have been transferred and accepted as per the law on construction. The project owner shall take legal responsibility for the as-built documents of waste treatment works;

dd) Prepare and send a plan for commissioning of waste treatment works of the project to the environmental protection authority of province where the project is based and the EIA report approval authority at least 20 working days before the commencement date of commissioning. A notice of plan for commissioning of waste treatment work of the project is specified in form No. 09 Appendix VI Section I issued herewith.

3. The duration of commissioning of waste treatment works is 3 to 6 months from the commencement date of commissioning.

4. During the commissioning of waste treatment works, the project owner shall perform the following tasks:

a) Cooperate with the environmental protection authority of province where the project is based in inspecting and supervising the commissioning process; monitoring and supervising automatic and continuous wastewater and emission monitoring results online, and transmitting the data to the environmental protection authority of province as prescribed;

b) Cooperate with an organization eligible for providing environmental monitoring services in monitoring waste (composite sampling) and evaluating effectiveness in each treatment stage and the whole waste treatment work. The monitoring of waste must comply with technical regulations and standards of environment and law on standards, measurement and quality. The monitoring of waste of waste treatment works shall follow guidance of the Ministry of Natural Resources and Environment;

c) Conduct internal assessment or engage a qualified body to conduct assessment of treatment effectiveness of waste treatment works of the project; aggregate and evaluate data of waste monitoring and prepare a report on result of environment protection work completion (including waste treatment works and other environment protection works), and then send it to EIA report approval authority for inspection and confirmation of completion of environment protection works as prescribed.

5. During the commissioning process of waste treatment works of the project, if the waste released to the environment does not meet the technical regulations on environment, the project owner must adopt the following measures:

a) Stop operating or decrease the capacity of the project to assure that existing waste treatment works may treat all kinds of waste meeting the technical regulations on environment;

v) Renovate, upgrade and build extra waste treatment works meeting technical regulations on environment as prescribed;

c) In case of environmental incidents or environment pollution, the project owner shall stop all commissioning activities and promptly send a report to environmental protection authority of province where the project is based for further guidance; and take responsibility for responding to environmental incidents, make restitution for any damage caused and face penalties as per the law.

6. Responsibilities of the environmental protection authority of province where the project is based:

a) Inspect waste treatment works of the project within 5 working days after the date of receipt of the notice of plan for commissioning, except for the project of hazardous waste treatment in accordance with Clause 6 and Clause 6a Article 10 of Decree No. 38/2015/ND-CP. If waste treatment works of the project all satisfy the requirements, within 5 working days the environmental protection authority shall issue a notice of completed waste treatment works for commissioning using form No. 10 Appendix VI Section I issued herewith; if not, the project owner must complete waste treatment works before commissioning;

b) Take charge and cooperate with the project owner in inspecting commissioning of waste treatment works of the project in exceptional circumstances;

c) Receive and deal with proposals of the project owner in conjunction with commissioning of waste treatment works and guide the project owner to respond to environmental incidents and pollution (if any) during the commissioning process;

d) Notice of inspection results of commissioning of waste treatment works using form No. 11 Appendix VI Section I issued herewith within 5 working days from the completion date of the commissioning as the basis for the project owner to prepare a report on performance of environment protection works of the project as prescribed.”

10. Article 17 shall be amended as follows:

“Article 17. Inspection and confirmation of completion of environment protection works following the decision on approval for EIA report

1. A project owner specified in Column 4 Appendix II Section I issued herewith shall prepare an application for c (including waste treatment works and other environment protection works) before the expiry of 30-day commissioning if the environment protection works meet requirements as per the law.

2. A project not specified in Clause 1 of this Article is not subject to inspection and confirmation of completion of environment protection works. The project owner shall cooperate with an organization eligible for providing environmental monitoring services in monitoring waste (if any), assuring that the waste meets technical regulations on environment before being released to the environment and send a notice of completion of environment protection works to the EIA report approval authority before putting the project into operation.

3. An application for completion of environment protection works submitted in person, sent by post or online via the online public service system by the project owner to the competent authority includes:

a) 01 application form for inspection and confirmation of completion of environment protection works using form No 12 Appendix VI Section I issued herewith;

b) 07 reports on performance of environment protection works of the project, enclosed with the monitoring result during commissioning process and the as-build documents of completed environment protection works using form No. 13 Appendix VI Section I issued herewith.

If the project is carried out in the administrative division comprising at least 02 central-affiliated cities and provinces, the project owner must provide additional reports for inspection;

c) 01 copy of the decision on approval enclosed with the copy of the approved EIA report;

d) 01 notice of inspection result of commissioning of waste treatment works of the project issued by the environmental protection authority of province

4. Checklists of inspection and confirmation of completion of environment protection works include:

a) Regarding wastewater collection and treatment system: Works which have been built; scale, capacity and operating process of each work; chemicals and biological preparations used for wastewater treatment; automatic and continuous monitoring system (if any); regulations and standards applicable to post-treatment wastewater;

b) Regarding dust and emission treatment system: Works and equipment which have been built; scale, capacity and operating process of each work or equipment; chemicals and catalysts used for dust and emission treatment; automatic and continuous monitoring system (if any); regulations and standards applicable to post-treatment dust and emissions;

c) Regarding conventional industrial solid waste and domestic garbage treatment and storage works: Works which have been built; scale, capacity and operating process of each work; basic specifications of such works; applicable regulations and standards;

d) Regarding hazardous waste treatment and storage works: Works which have been built; scale, capacity and operating process of each work; basic specifications of such works; applicable regulations and standards;

dd) Regarding other environment protection works: Works which have been built; scale, capacity and operating process of each work; basic specifications of such works; applicable regulations and standards;

e) Environmental incident prevention and response works: Works which have been built; scale, capacity and operating process of each work; basic specifications of such works; applicable regulations and standards;

g) Environmental monitoring and supervision programs to be used upon operation of the project.

5. Procedures and time limit for inspection and confirmation of completion of environment protection works:

a) The inspection and confirmation of completion of environment protection works shall be carried out by the EIA report approval authority through physical inspection under guidance of the Ministry of Natural Resources and Environment;

b) Time limit for inspection and confirmation of completion of environment protection works is 15 working days, excluding the time for the project owner to complete application and analyze waste samples (composite sampling in necessary cases);

c) Within 5 working days from receipt of the application for inspection and confirmation of completion of environment protection works sent by the project owner, the agency in charge shall verify the application and conditions for inspection and confirmation of completion of environment protection works as prescribed and establish a group to carry out inspection and confirmation of completion of environment protection works;

If there are insufficient conditions for inspection and confirmation of completion of environment protection works, the agency in charge shall provide the project owner with an explanation in writing.

d) Upon completion of inspection and environment protection works all meet requirements as prescribed, the agency in charge shall issue a confirmation of completion of environment protection works using form No. 14 Appendix VI Section I issued herewith. If there are insufficient conditions for confirmation, the agency in charge shall request the project owner in writing to make further modification and complete the environment protection works and meet other environment protection requirements.

6. The confirmation of completion of environment protection works is the basis for the project owner to put the project into operation and the basis for the competent authority to inspect the observance of environment protection law during the operation of the facility and industrial park.

Regarding large projects having many items or being divided in many stages, the confirmation of completion of environment protection works may be granted to each item and be integrated thereafter when all the items of the project have been completed.

Regarding projects to expand, increase capacity and scale, change technology of the ongoing facility of industrial park, the confirmation of completion of environment protection works shall replace previous documents on assessment, approval and confirmation of completion of environment protection works.

If the environment protection work has any change, the project owner shall re-compile the application for confirmation of completion of environment protection works.

The confirmation of completion of environment protection works may be re-granted at the request of the project owner. The re-confirmation shall be carried out following the procedures for inspection and confirmation of completion of environmental protection works.

7. Regard projects using imported scrap as production materials, the inspection and confirmation of completion of environmental protection works shall be carried out following the procedures for inspection and issuance of certificate of eligibility for environment protection in import of scrap as production materials. The certificate of eligibility for environmental protection in import of scrap as production materials shall replace the confirmation of completion of environment protection works.

8. Regarding hazardous waste treatment projects (including projects having the stage of treatment of domestic garbage and conventional industrial waste), the inspection and confirmation of completion of environment protection works shall be carried out following the procedures for issuance of license for hazardous waste treatment. The license for hazardous waste treatment shall replace confirmation of completion of environmental protection works.”

11. Article 18 shall be amended as follows:

“Article 18. Registration of environmental protection plans

1. Projects and plans subject to registration of environment protection plans:

a) New investment projects, project for extension of scope or capacity with the total scope and capacity of ongoing facilities and new investment portion prescribed in Column 5 Appendix II of this Decree;

b) Projects/plans for business investment, projects/plans for extension of scope or capacity of business facilities which produce wastewater from 20m3/day (24 hours) to under 500m3/day (24 hours) or solid waste from 1 tonne/day (24 hours) to under 10 tonnes/day (24 hours) or emission from 5,000m3/hour to under 20,000m3/hour (including ongoing facility and extension) other than business investment projects prescribed in Column 3 Appendix II Section I issued herewith.

2. Projects and plans not specified in Clause 1 of this Article shall be exempt from registration of environment protection plans. The management and treatment of waste and other environment protection obligations shall be carried out as per the law.

3. Contents of environmental protection plan

a) The environmental protection plan includes: a description, containing particulars prescribed in Article 30 of the Law on Environment Protection, and basic design drawing or construction drawing design (if the project only requires one single design step) in a waste treatment work (if the construction of waste treatment work is required as prescribed) in accordance with law on construction; and a plan for prevention and response to environmental incidents during the construction process and operation process, meeting the environment protection requirements as prescribed;

b) Regarding projects/plans for extension of scope or capacity of ongoing business facilities, the environmental protection plan must contain an evaluation of performance of environment protection of the former facility; an evaluation of environmental impacts the former facility and the project/plan for extension of scope or capacity.

4. The project owner or facility owner of the project/plan prescribed in Clause 2 hereof shall register the environment protection plan with the competent authority prescribed in Clause 1 Article 19 of this Decree and may execute the business project/plan only after an approval for registration of environment protection plan is granted by the competent authority.

5. If the project or plan for business investment is located in the administrative divisions of two provinces or more, the environment protection plan shall be registered at the one of environment protection authority of province at the request of the project owner or facility owner.”

12. Article 19 shall be amended as follows:

“Article 19. Approval for registration of environment protection plans

1. Responsibility pertaining to approval for registration environment protection plans:

a) The environment protection authority of province shall approve the registration of environment protection plan related to projects/plans prescribed in Appendix IV Section I issued herewith and business projects or facilities prescribed in Point a and Point b Clause 1 Article 32 of the Law on Environment Protection;

b) The People’s Committees of district shall approve the registration of environment protection plans related to projects/plans prescribed in Clause 1 Article 18 of this Decree, except for projects/plans prescribed in Point a of this Clause.

2. An application for registration of environmental protection plan shall be submitted in person, sent by post or online through the online public service system by the project or facility owner to the Department of Natural Resources and Environment and the People’s Committee of district, including:

a) 01 application form for registration of environment protection plan using form No 01 Appendix VII Section I issued herewith;

b) 03 environment protection plans (enclosed with e-copies) using form No 02 Appendix VII Section I issued herewith;

c) 01 construction feasibility study report or construction economic-technical report of the project/facility (enclosed with an e-copy).

3. Within 10 working days from the date on which the application for registration of the environment protection plan, the receiving body prescribed in Clause 1 hereof shall consider certifying the registration of the environment protection plan using the form No. 03 Appendix VII Section I issued herewith.

If the application is refused, the receiving body shall provide an explanation in writing (which specify matters need further modification) using form No. 04 Appendix VII Section I issued herewith.

4. Responsibility of project owner, facility owner and regulatory agency after the environment protection plan is approved shall comply with Article 33 and Article 34 of the Law on Environment Protection.

5. The projects/plans prescribed in Point a and Point b Clause 4 Article 33 of Law on Environment Protection are subject to re-registration of the environment protection plan, in specific:

a) Change of location of the business project/plan compared to the environmental protection plan which was approved;

b) A construction project considered not being executed prescribed in Point b Clause 4 Article 33 of the Law on Environment Protection means that the project owner/facility owner has not performed any item during the construction stage of the project as prescribed by law on construction;

c) The re-registration, responsibility and deadlines for certification of re-registration of the environment protection plan shall comply with Articles 18 and 19 of this Decree.

6. If there is any change in project owner, facility owner, the project owner or the new facility owner must keep implementing the registered environment protection plan and give a notice of the change to the certifying authority of the environmental protection plan.”

13. Article 22 shall be amended as follows:

“Article 22. Transitional provision

1. Applications for assessment of SEA reports; assessment of EIA reports; inspection and confirmation of completion of environment protection works; registration of environment protection plan; environment protection scheme received by the competent authority
before the effective date of this Decree shall be processed as prescribed in regulations of law at the receipt time, except for the application for environmental approval related to a project with a change in EIA report not substantial enough to re-compile another EIA report.

2. A project going through construction process but not reaching operation process and a project/facility going through construction process (including the project of expansion of scale, increase of capacity and change of technology of an ongoing facility or industrial park) without any decision on approval for EIA report or approval for environmental protection plan or equivalent environmental dossier shall be subject to a penalty as prescribed by the Government on penalties for administrative violations in environment protection. Where the project or facility is suitable for the planning, the project owner or facility owner shall:

a) If the project or facility has scale or capacity equivalent to the project/plan subject to registration of environment protection plan, an environmental protection plan shall be prepared and sent to the competent authority for approval as prescribed;

b) If the project or facility has scale or capacity equivalent to the project/plan subject to EIA report, an EIA report for the project of expansion, upgrade of environment protection works shall be prepared and sent to the competent authority for approval as prescribed;

c) The project owner or facility owner shall perform and complete waste treatment works and environment protection solutions as prescribed; prepare application for inspection and confirmation of completion of environment protection works as prescribed;

d) The assessment and approval for EIA report shall be carried out as prescribed in Article 14 hereof; the commissioning of waste treatment works, inspection and confirmation of completion of environment protection works shall be carried out as prescribed in Article 16b and Article 17 hereof; the approval for environmental protection plans shall be carried out as prescribed in Article 19 hereof.

3. A project, facility or industrial park EIA report or corresponding documentation of which was approved and has scale or capacity equivalent to project/plan subject to inspection and confirmation of completion of environment protection works prescribed in Clause 1 Article 17 hereof, and has going through the operation process without any confirmation of completion of environment protection works and equivalent environmental documentation, it shall:

a) The project owner, facility, or industrial park must check waste treatment works; if a waste treatment work does not meet technical regulations on waste, it is required to renovate and upgrade such waste treatment work;

b) Face penalties as prescribed by the Government on penalties for administrative violations in environment protection. In case of a facility or industrial park which started operation before July 1, 2006 and project/plan not subject to confirmation of completion of environment protection works prescribed in the Law on Environment Protection 2014 shall not face penalties for absence of confirmation of completion of environment protection works as prescribed;

c) After the waste treatment work has been completed, the work shall undergo commissioning and inspection and confirmation of completion of environment protection work as prescribed in Article 16b and Article 17 hereof;

If the project, facility or industrial park EIA report and corresponding documentation of which has been approved by multiple competent authorities, the responsibility for inspection and confirmation of completion of environment protection work shall fall into the superior body which approved the EIA report.

4. The decision and EIA report which has been approved, the scheme for environmental protection which has been approved or confirmed and equivalent documentation before effective date of this Decree shall take legal effect in order for the project owner, facility and industrial park to perform environment protection activities. If an approval for adjustment, confirmation of completion of environment protection works, or scheme for environmental protection is granted, such approval or confirmation shall prevail.”

Article 2. Amendments to Government's Decree No. 19/2015/ND-CP dated February 14, 2015 on guidelines for the Law on Environment Protection (hereinafter referred to as Decree No. 19/2015/ND-CP)

1. Chapter II and Chapter III shall be grouped and the title of Chapter II shall be revised as follows:

“Chapter II

MANAGEMENT AND IMPROVEMENT OF ENVIRONMENTAL QUALITY”

2. Article 5 shall be amended as follows:

“Article 5. Entities required to prepare plan for environmental renovation and restoration and re-prepare plan for environmental renovation and restoration in mineral extraction

1. Entities required to prepare plan for environmental renovation and restoration (hereinafter referred to as plan) and submit it to the competent approval authority include:

a) Projects of mineral extraction EIA reports of which have been approved after effective date of this Decree (the plan is an integral part of the EIA report);

b) The mineral extraction facility having an EIA report or environmental protection plan approved before effective date of this Decree but having no plan approved.

2. If an entity prescribed in Clause 1 of this Article falls under any of the following cases, it must re-prepare another plan for environmental renovation and restoration:

a) Such entity is required to re-prepare EIA report;

b) The entity requests a change in environmental renovation and restoration compared to the approved plan (including supplemented plan for environmental renovation and restoration);

c) At the request of the competent authority when the funding for the approved plan for environmental renovation and restoration is inadequate for implementation.”

3. Article 6 shall be amended as follows:

“Article 6. Contents of plan for environmental renovation and restoration in mineral extraction

1. Environmental renovation and restoration solutions; analysis, evaluation and selection of best solution for environmental renovation and restoration.

2. List and volume of items of environmental renovation and restoration for alternative solution.

3. Implementation plan; division of implementation plan by each year and each stage of environmental renovation and restoration; the management and monitoring program during the environmental renovation and restoration; plan for inspection and certification of plan completion.

4. Cost estimate for environmental renovation and restoration for each item of environmental renovation and restoration; deposits as per road map.”

4. Article 7 shall be amended as follows:

“Article 7. Power and procedures for assessment and approval for plan for environmental renovation and restoration in mineral extraction

1. The power to assess and approve plans for environmental renovation and restoration associated with entities prescribed in Point a Clause 1 Article 5 hereof shall be the same as the power to assess and approve EIA reports.

2. The power to assess and approve plans for environmental renovation and restoration associated with entities prescribed in Point b Clause 1 and Clause 2 Article 5 hereof shall be carried out as follows:

a) The Ministry of Natural Resources and Environment shall assess and approve plans for environmental renovation and restoration of mineral extraction projects under its authority to issue the mining license;

b) The People’s Committee of provinces shall assess and approve plans for environmental renovation and restoration of mineral extraction projects under its authority to issue the mining license.

3. Procedures for assessment and approval for plan for environmental renovation and restoration:

a) The procedures to assess and approve plans for environmental renovation and restoration associated with entities prescribed in Point a Clause 1 Article 5 hereof shall be the same as the procedure to assess and approve EIA reports;

b) The procedures to assess and approve plans for environmental renovation and restoration associated with entities prescribed in Point b Clause 1 and Point b Clause 2 Article 5 hereof shall be carried out in accordance with regulations on environmental renovation and restoration in mineral extraction.

4. Funding for assessment shall be set aside from the fees for assessment of EIA reports, plans for environmental renovation and restoration.”

5. Article 8 shall be amended as follows:

“Article 8. Deposit making for environmental renovation and restoration of mineral extraction activities

1. The deposit must be equal to the funding for environmental renovation and restoration according to the contents of environmental renovation and restoration approved by the competent authority.

2. The calculation of deposit must apply the norm and unit price of localities at the time of preparation for the plan. In case the locality has no norm or unit price, the norm or unit price of respective Ministry or sector. In case the Ministry or sector has no norm or unit price, the market price shall be applied.

3. Organizations and individuals extracting minerals must make deposit annually or by each stage taking into account of inflation factors.

4. Organizations and individuals extracting minerals must make deposit in the Vietnam Environment Protection Fund or the local environmental protection fund. The deposit shall be refunded in Vietnam dong.

5. The deposit may earns interest which is equal to the borrowing interest of the environmental protection fund where the deposit is made and is calculated from the time of depositing. Organizations and individuals shall draw interest only once after having a decision on mineral mine closure.

6. The refund of deposit shall be done on the basis of organizations and individuals’ completion of each part or the whole of contents of environmental renovation and restoration under the approved plan.

7. Where the organizations and individuals have made deposit but been dissolved and have not carried out the environmental renovation and restoration in accordance with the approved plan, the agency having authority to approve the project of mine closure shall use the amount of deposit including its interest for implementation of environmental renovation and restoration.”

6. Article 9 shall be amended as follows:

“Article 9. Certification of completion of plan for environmental renovation and restoration in mineral extraction

1. Organizations and individuals, after having completed each part of contents of environmental renovation and restoration as per the approved plan, shall prepare dossier of completion of each part to request the inspection and certification of completion from the competent authorities.

The certification of completion of the whole content of the approved plan for environmental renovation and restoration shall be carried out in combination with the project of mine closure.

2. The competent authority has power to approve the project of mine closure of the mineral extraction project shall carry out the inspection and certification of completion of the plan for environmental renovation and restoration.

3. Procedures for inspection and certification of the whole content of the plan shall be carried out similarly as the procedures for acceptance of performance of project of mine closure. The contents of decision on mine closure include the content of certification of completion of entire plan.”

7. Point c Clause 1, Point a Clause 3, Point c and Point dd Clause 5 Article 10 shall be amended as follows:

a) Point c Clause 1 shall be amended as follows:

“c) Assess, approve, inspect and certify the completion of plan for environmental renovation and restoration under its authority to grant the mineral extraction license;”

b) Point a Clause 3 shall be amended as follows:

“a) Assess, approve, inspect and certify the completion of plan for environmental renovation and restoration under its authority to grant the mineral extraction license;”

c) Point c and Point dd Clause 5 shall be amended as follows:

“c) Prepare and request the authority competent to issue mineral extraction license to inspect and certify the completion of each part or the entire plan;

dd) Report the implementation of environmental renovation and restoration and deposit making for environmental renovation and restoration to the agency approving the plan and the local agency managing the environmental protection before January 31 of each year.”

8. Article 11 shall be replaced as follows:

“Article 11. Environmental quality management

1. Environmental components including soil, water and air must undergo quality condition and development evaluation; warnings of polluted areas must be issued on a timely basis.

2. Data on monitoring and evaluation of environmental quality shall be connected and shared with environment authorities nationwide via the national database of environmental quality.”

9. Article 12 shall be replaced as follows:

“Article 12. Management of environmental quality of surface water and bottom sediment

1. Territorial seas, coastal seas, rivers, river sections, ponds, lakes, canals must undergo environmental quality condition and development evaluation of surface water and bottom sediment.

2. Basic water environment and bottom sediment parameters must undergo minimum evaluation, including parameters prescribed in national technical regulations on surface water, seawater, sediment.

Subject to emission sources in the region, other particular parameters must be added to assess the impact of emission sources on water environmental quality.

3. Based on the environmental quality assessment result, it is required to issue warnings of polluted territorial seas, coastal seas, rivers, river sections, ponds, lakes, canals about pollution levels, determine causes and handling measures for environmental quality renovation and restoration.

4. Any entity causing pollution or degradation of surface water and bottom sediment environment shall be responsible for environmental renovation and restoration.”

10. Article 13 shall be replaced as follows:

“Article 13. Management of environmental quality of surrounding air

1. Urban areas of class II of higher, high-density residential areas, areas with industrial parks, trade villages, areas with varied emission sources or large emission sources must undergo environmental quality condition and development of surrounding air.

2. Environmental quality of surrounding air must be accessed through parameters prescribed in national technical regulations on air quality.

Subject to emission sources in the region, other particular parameters must be added to assess the impact of emission sources on surrounding air environmental quality.

3. Subject to the assessment result, it is required to issue warnings of polluted surrounding air areas, determine causes and handling measures for pollution combat and environmental quality improvement.

4. Any entity causing pollution or degradation of surrounding air environment shall be responsible for environmental renovation and restoration.”

11. Article 14 shall be replaced as follows:

“Article 14. Management of soil environmental quality

1. Areas contaminated with chemicals during the war; areas with industrial parks, production plants, chemical depots, plant protection products, waste landfill sites, craft villages which have been closed or relocated; the mining area of toxic minerals which has ended extraction; agricultural production areas that use a lot of chemicals must undergo assessment and monitoring of changes in soil environment quality, pollution associated with chemical residues and plant protection products.

2. Basic soil environmental parameters need minimum monitoring and assessment, including parameters prescribed in national technical regulations on soil environment.

Subject to emission sources in the region, other particular parameters must be added to monitor and assess the impact of emission sources on soil environmental quality.

3. Subject to the investigation and assessment result, it is required to issue warnings of polluted areas, determine causes and handling measures for pollution combat and environmental quality renovation and restoration.

4. Procedures for treatment of pollution associated with chemical residues, plant protection products, and soil environment renovation and restoration shall be carried out as follows:

a) Investigate, assess and determine types, levels and scope of pollution associated with chemical residues and plant protection products;

b) Classify the levels of pollution associated with chemical residues and plant protection products into high, moderate, and low;

c) Disclose information about soil environment quality and issue warnings of areas contaminated with chemical residues and plant protection products;

d) Make plans for tackling pollution and tackle pollution, conduct environmental quality renovation and restoration;

dd) Carry out monitoring and supervision after tackling pollution and conducting soil environment quality renovation and restoration.

5. Any entity causing pollution or degradation of soil environment shall be responsible for environmental renovation and restoration.”

12. Article 14a shall be added as follows:

"Article 14a. Environmental monitoring programs and environmental quality supervision

1. The assessment of environmental quality condition and development shall be carried out through environmental monitoring programs by time and space, and the early warning of pollution shall be conducted by administrative divisions, forms of pollution and pollution levels.

2. The Ministry of Natural Resources and Environment shall initiate national environmental quality monitoring programs, including environmental quality monitoring programs at basins of interprovincial rivers and lakes, key economic regions, areas with varied waste sources or large waste sources giving great impact between provinces and cross-border environmental monitoring.

The People’s Committee of province shall implement environmental quality monitoring programs in the province as prescribed in Article 12, Article 13 and Article 14 hereof.

3. National and local environmental monitoring programs must conform to the environmental protection planning. National environmental monitoring programs must be approved by the Ministry of Natural Resources and Environment; provincial environmental monitoring programs must be approved by People’s Committee of province. Environmental quality monitoring programs shall be review and adjusted every 5 years or upon urgent requirements in terms of socio-economic development, national defense and security and environment protection.

A monitoring location shall be chosen and designed in a way that such monitoring location may represent the monitoring area, may assess the condition and supervise impacts of emission sources to the environment subject to monitoring, and meet the need for data and information to be collected.

4. Environmental monitoring shall be carried out on a regular and continuous basis. The environmental monitoring result shall be subject to quality control must represent and reflect objectivity of environmental quality at the monitoring location to provide trustworthy and timely data and information. Environmental monitoring data shall be connected and shared between central and local governments.

Only competent authorities and bodies in charge of environmental quality monitoring as per the law shall have authority to disclose information about environmental quality.

5. The Ministry of Natural Resources and Environment shall provide guidance and technical regulations on monitoring locations, parameters, frequency, procedures, methods of monitoring, quality assurance and quality control in environmental quality monitoring.”

13. Article 14b shall be added as follows:

"Article 14b. Responsibilities for environmental quality management

1. The Ministry of Natural Resources and Environment

a) Provide guidance on techniques of environmental quality monitoring; on investigation, assessment and determination of causes, forms, levels and scope of pollution; on warnings of polluted areas; and on tackling pollution associated with chemical residues, plant protection products, environmental quality renovation and restoration.

b) Implement environmental monitoring programs as prescribed in Clause 2 Article 14a hereof;

c) Aggregate and build system of information and data on national environmental quality and polluted areas nationwide;

d) Consolidate and disclose information about environmental quality, polluted areas nationwide.

2. The People’s Committee of province

a) Conduct environmental quality monitoring; investigation, assessment, and determination of forms, levels and scope of pollution in the province; update data on environmental quality to the national database;

b) Disclose information about environmental quality progress, polluted areas in the province as per the law;

c) Issue warnings of polluted areas;

d) Tackle pollution, carry out environmental quality renovation and restoration of polluted areas in the province under regulatory responsibilities;

dd) Send periodical reports on pollution, tackling of pollution, environmental quality renovation and restoration to the Ministry of Natural Resources and Environment before January 31 of every year.”

14. Chapter V and Chapter VI shall be grouped and named as follows:

“Chapter V

ENVIRONMENTAL PROTECTION IN PRODUCTION, BUSINESS AND SERVICES”

15. Article 22 shall be amended as follows:

“Article 22. Environmental protection requirements for used ship breaking facilities

1. The project to build the ship breaking facilities must have the EIA report approved by the competent authority.

2. Requirements for facilities, technical infrastructure, personnel of ship breaking facilities for environmental protection:

a) There are specialized ship breaking areas and equipment fit for each kind of ship and ship weight and it is certain that untreated and unprocessed toxic substances cannot leak or disperse outside the demolition area to cause pollution of water, soil and air;

b) There is an area to store materials and equipment after demolition with a high level of foundation to avoid flooding; the floor meets tightness requirement, has no cracking, is made of waterproofing material and durable enough to withstand the load of the highest amount of materials and equipment according to calculations. If a storage yard is used, a system of collection and treatment of rain water overflow satisfying technical regulations on environment must be provided;

c) There are storage yards of hazardous waste and conventional solid waste produced during the demolition of seagoing ships which meet requirements as prescribed;

d) There are vehicles, equipment and facilities to receive, collect, transport, store, treat and manage discharges arising out of the ship breaking which comply with laws and regulations on environment and relevant technical regulations on environment.

3. Requirements for removing, collecting and classifying certain particular discharges from the ship demolition:

The ship breaking facility must have demolition procedures and technologies fit for each kind of ship and ship weight in accordance with law on environment protection and ensure the following safety procedures:

a) Investigate and determine conditions of the used ships to be demolished: investigate all of holds, storage tanks and storage areas on the ship to determine locations possibly containing hazardous materials such as fuel, oil, asbestos, polychlorinated biphenyl (PCBs), lead, radioactive waste and other hazardous materials subject to disposal. Determine the conditions of the ship and hazards that workers may face during the ship dismantling;

b) Collect fuel, oil, bilge water, ballast water, other liquids and other flammable or explosive materials. Provide air ventilation, provide enough oxygen for enclosed spaces on the ship (such as cargo holds, double bottoms, storage tanks) to ensure safe working conditions. This process must be maintained throughout the demolition process.

c) Removing asbestos and PCBs: Before cutting the ship into parts, it is required to remove, collect and transport asbestos and PCBs out of the cutting positions. After the parts of the ship are brought ashore, it is required to keep collecting all of remaining asbestos and PCBs when it is easily accessible. Asbestos removal and collection areas should be enclosed to reduce the spread of asbestos fibers to the surrounding environment and prevent unauthorized entry. Asbestos must be moistened before and during the removal process. At least 02 workers equipped with personal protective equipment must be placed to remove asbestos, in which 01 person is responsible for humidification and 01 person is responsible for removing asbestos. The asbestos removal area on the shore must be located in a separate area with the same process;

d) Before and during the process of dismantling used seagoing ships, the owner of the ship breaking facility shall have to warn about the risk of hazardous substances and post up on notice boards at readable and assessible positions. The owner of ship breaking facility shall have to provide adequate personal protective equipment for workers as per the law.

4. Requirements for management of waste and scrap in demolition of used ships:

Apart from management of waste and scrap produced from the ship breaking as per the law on management of waste and scrap in force, the owner of ship breaking facility must adopt the following measures:

a) Oil and fuel must be pumped to separate tanks or containers (not mixed), then transferred to storage areas and transferred for proper treatment as prescribed;

b) After being removed, asbestos must be contained in sealed special packages, with at least 02 layers, then transported to hazardous waste storage and transferred to handle as per the law;

c) Liquid waste containing PCBs must be stored in rigid packaging or storage equipment placed on the lifting plates and not allowed to be stacked. The storage area of waste containing PCBs (in solid or liquid form) must be isolated from other waste and safety is assured, and then transferred to dispose of as prescribed;

d) For non-metallic materials removed from metals, they must be identified, classified and disposed of according to waste and waste management regulations;

dd) Radioactive waste produced from the demolition process must be collected, stored, treated and managed in accordance with regulations on management of used radioactive waste and radiation sources;

e) After completing the demolition of a ship, within 45 days, the facility shall transfer all of hazardous waste to the competent authority to dispose of as prescribed.

5. Ship breaking facilities must apply environment management system in accordance with Vietnam’s Standard ISO 14001.

6. The ship breaking facility shall register environment protection plans for demolition of every ship with the provincial environmental protection authority for certification.”

16. Clause 1 and Clause 4 shall be amended and Clause 5 shall be added to Article 24 as follows:

a) Clause 1 shall be amended as follows:

“1. Responsibilities of the Ministry of Natural Resources and Environment:

a) Provide guidance on environmental protection in demolition of used ships;

b) Inspect the observance of law on environment protection in demolition of used ships at ship breaking facilities as per the law.”

b) Clause 4 shall be amended and Clause 5 shall be added as follows:

“4. Responsibilities of People’s Committees of provinces:

a) Inspect the observance of law on environment protection in demolition of used ships at ship breaking facilities as per the law;

b) Cooperate with the Ministry of Natural Resources and Environment in guiding environmental protection at ship breaking facilities.

5. Responsibilities of ship breaking facilities:

a) Comply with regulations on environmental protection applicable to ship breaking facilities;

b) Send periodical reports on environment protection in demolition of used ships to the Ministry of Natural Resources and Environment, People’s Committee of province where the ship breaking facility is based before January 31 of the following year as prescribed in Appendix IV Section II issued herewith.”

17. The titles of Section 1, Section 2, Section 3 of Chapter VI shall be deleted.

18. Article 25 shall be amended as follows:

"Article 25. Projects/plans subject to environment management system and time limit for completion thereof

1. A business entity which has gone into operation of a kind of manufacturing possibly causing environment pollution prescribed in Appendix Iia Section I issued herewith and has a project/plan subject to EIA report must have an environment management system in accordance with Vietnam’s Standard ISO 14001.

2. Time limit for completion of the environment management system applicable to the subjects prescribed in Clause 1 hereof is:

a) Within 2 years from the date on which the project is put into operation;

b) Before December 31, 2020 if the business entity has gone into operation.”

19. Clause 2 Article 31 shall be amended as follows:

“2. List of activities subject to environmental liability insurance prescribed in Appendix II Section II issued herewith.

Entities prescribed in Clause 1 hereof not falling under the list in Appendix II Section II issued herewith may either buy environmental liability insurance or set aside a risk reserve fund as per the law.”

20. Clause 4 Article 33 shall be amended as follows:

“4. Facilities causing severe environmental pollution are facilities violating regulations on discharge of wastewater, emission of dust and exhaust, causing noise pollution, vibration exceeding safe limits and on waste or burying, filling, dumping and discharging solid waste, hazardous waste against regulations on environment protection so serious that they may face additional penalty of mandatory suspension as prescribed in the decree on penalties for administrative violations in environment protection.”

21. Clause 7 Article 42 shall be amended as follows:

“7. The Ministry of Natural Resources and Environment shall provide instructions on loan and post-investment assistance of interest rate and guarantee of investment credit for projects receiving loan; grants, co-grants or other aids to environment protection activities from Vietnam Environment Protection Fund. The People’s Committee of province shall provide instructions on loan and post-investment assistance of interest rate and guarantee of investment credit for projects receiving loan; grants, co-grants or other aids to environment protection activities of the province from the local environment protection fund.”

22. Article 43 shall be amended as follows:

“Article 43. Corporate income tax incentives

The enterprise income from the implementation of new investment projects specified in Clauses 1, 2, 4, 5, 6, 9, 10 Appendix III Section II of this Decree and new production projects or production, business and services specified in Clauses 11, 12, 13, 14 Appendix III Section II of this Decree shall be entitled to the preferential corporate income tax like the subjects in the field of environmental protection under regulations of law on corporate income tax.”23. Clause 3 shall be amended and Clause 4 shall be added to Article 44 as follows:

“3. Products made from recycled or treated solid waste of waste treatment facilities (domestic, industrial and hazardous waste) prescribed in Clause 12 Appendix III Section II issued herewith are products referred to in investment projects and certificate of investment registration of the waste treatment facilities.

4. The Ministry of Natural Resources and Environment shall issue determination criteria and disclose lists of products carrying Vietnam Green Label.”

24. Article 49a shall be added as follows:

"Article 49a. Organization and operation of environment protection funds

1. The establishment, organization and operation of environment protection funds shall be carried out in accordance with Article 149 of the Law on Environment Protection.

2. The Ministry of Natural Resources and Environment shall take charge and cooperate with relevant ministries in guiding organization and operation of local environment protection funds.”

Article 3. Amendments to Government's Decree No. 38/2015/ND-CP dated April 24, 2015 on management of waste and scrap (hereinafter referred to as Decree No. 38/2015/ND-CP)

1. Clause 4 shall be amended and Clauses 30, 31 and 32 shall be added to Article 3 as follows:

a) Clause 4 shall be amended as follows:

“4. Industrial solid waste means solid waste generated from production, trading and services, including hazardous solid waste and conventional industrial solid waste.”

b) Clauses 30, 31 and 32 shall be added as follows:

“30. Transfer note of solid waste means a document certifying the transfer of certain type and quantity of domestic solid waste, conventional industrial solid waste between the waste generator, the waste collector/transporter and the waste treater of solid domestic waste or conventional industrial solid waste.

31. Cooling water means water used for heat removal from equipment and machinery during production process, not in direct contact with materials, chemicals used in the production, business or service stages.

32. Facility having functions suitable for reuse, recycling, co-treatment, recovery of energy and treatment of waste means a facility which operates in conformity with its certificate of enterprise registration, business registration or investment certificate, investment registration and other equivalent documents; and has buildings, production lines, equipment and auxiliary works fit for reuse, recycling, co-treatment, recovery of energy and treatment of waste (including the following kinds of waste: domestic, conventional industrial, conventional health) in accordance with laws and regulations on environment protection.”

2. Clause 1 Article 9 shall be amended as follows:

“1. There is a EIA report approved by the Ministry of Natural Resources and Environment."

3. Clauses 1, 4, 5 and 6 shall be amended and Clauses 6a and 6b shall be added to Article 10 as follows:

a) Clause 1 shall be amended as follows:

“1. An entity having a hazardous waste treatment project or facility environment protection works of which have been completed according to the decision on approval for EIA report and meet the conditions stipulated in Article 9 of this Decree shall make an application for licensing hazardous waste treatment and submit it to the competent authority as prescribed in Clause 2 hereof.”

b) Clauses 4, 5 and 6 shall be amended and Clauses 6a and 6a shall be added as follows:

“The validity period for the license for hazardous waste treatment shall be 05 years from the date of issuance.

5. The license for hazardous waste treatment shall replace confirmation of completion of environment protection works; if the hazardous waste treatment facility uses imported scrap as production materials, the application for certificate of eligibility for environment protection in import of scrap as production materials may be prepared in conjunction with the application for license for hazardous waste treatment at the request of the project -or facility owner. Procedures for inspection and certification of completion of environment protection works and procedures for inspection and issuance of certificate of eligibility for environment protection in import of scrap as production materials shall be carried out as similarly as the procedures for inspection and issuance of license for hazardous waste treatment.

6. During the consideration and issuance of the license for hazardous waste treatment, the licensing agency shall establish an inspectorate to visit the hazardous waste treatment facility as the basis for considering approving the commissioning. The approval for commissioning shall be regarded as a base for relevant entities to conclude contracts of collection, transportation and treatment of hazardous waste serving the commissioning provided that the total quantity of waste collected, transported and treated cannot exceed the treatment capacity of the project. The commissioning shall be carried out in accordance with Article 16b of the Government’s Decree No. 18/2015/ND-CP.

6a. Time limit for inspection of and approval for commissioning of the hazardous waste treatment project is 10 working days from the day on which the valid and complete application is received. Time limit for verification and issuance of license for hazardous waste treatment is 25 working days from the day on which the valid and complete application is received. The aforesaid time limit exclude the time in which the applicant completes the application at the request of the licensing agency.

6b. Costs incurred in issuance of licenses for hazardous waste treatment shall be covered by the assessment fees for licenses for hazardous waste treatment.”

4. Clause 4 and Clause 5 shall be added to Article 16 as follows:

“4. Generators of domestic solid waste (except for households and individuals) shall transfer domestic solid waste to the following entities:

a) Facilities having functions suitable for reuse, recycling, co-treatment and treatment;

b) Collectors/transporters of domestic solid waste meeting conditions prescribed in Article 18 hereof; organizations in charge of public services of collection and transport of domestic solid waste authorized by competent authorities.

5. If a generator of domestic solid waste conducts reuse, pre-processing, recycling, treatment, co-treatment of waste, recovery of energy from waste by themselves, the following requirements must be satisfied:

a) In accordance with the decision on approval for EIA report, approved environmental protection plan or equivalent documents;

b) The generator of domestic solid waste shall use technology, environment protection works, and manufacturing equipment available at the facility premises and meet environment protection requirements (except for domestic solid waste of biodegradable organic waste generated from offshore oil exploration and extraction facilities).”

5. Clause 5 and Clause 6 shall be added to Article 17 as follows:

“5. Domestic solid waste collecting points and transfer stations must comply with Point A Appendix II Section III issued herewith.”

6. Clauses 9, 10, 11, 12 and 13 shall be added to Article 18 as follows:

“9. Ensure that means of transportation, storage equipment, collecting points, transfer stations, storage areas (if any) all meet technical regulations, management procedures as prescribed in Point A and Point B Appendix II Section III issued herewith. Ensure that the duration for collection, storage and transport of domestic solid waste may not exceed 2 days.

10. If the collector/transporter both collects and transports domestic solid waste and conventional industrial solid waste, they must comply with regulations on management of domestic solid waste and conventional industrial solid waste.

11. Transfer domestic solid waste to the following entities:

a) Facilities having functions suitable for reuse, recycling, co-treatment and treatment of domestic solid waste;

b) Collectors/transporters of domestic solid waste having contracts with facilities having functions suitable for reuse, recycling, co-treatment and treatment of domestic solid waste prescribed in Point a hereof;

c) Collectors/transporters of domestic solid waste authorized by the local governments to collect and transport of domestic solid waste to the facilities prescribed in Point a hereof.

12. Use the transfer note of domestic solid waste for every transfer prescribed in Appendix IV Section III issued herewith.

13. Prepare following reports:

a) Annual reports on management of domestic solid waste (reporting period from January 11 to December 31) using form No. 01 Appendix V Section III issued herewith and send them to Department of Natural Resources and Environment and the People’s Committee of district where the collection and transport of domestic solid waste have been conducted before January 31 of the following year;

b) Irregular reports on collection and transport of domestic solid waste at the request of competent regulatory bodies.”

7. Clause 3 Article 19 shall be amended as follows:

“3. The Ministry of Natural Resources and Environment shall take charge and cooperate with the Ministry of Science and Technology and relevant ministries to issue specific criteria; assessment and announcement of domestic solid waste treatment technologies prescribed in this Article.”

8. Clauses 5 and 6 shall be amended and Clauses 7, 8, 9, 10, 11, 12 and 13 Article 21 shall be annulled as follows:

“5. Domestic solid waste treatment facilities must obtain a certification of completion of environment protection works issued by the competent authority as prescribed.

6. Locations of domestic solid waste treatment facilities must be consistent with environment protection planing and provincial planning.”

9. Clause 1 Article 22 shall be amended as follows:

“1. Responsibilities of domestic solid waste treaters:

a) Fully fulfill the requirements of environmental protection as per the law;

b) Prepare following reports:

- Annual reports on management of domestic solid waste (reporting period from January 11 to December 31) using form No. 02 Appendix V Section III issued herewith and send them to Department of Natural Resources and Environment and the Ministry of Natural Resources and Environment (if the EIA report is approved by the Ministry of Natural Resources and Environment) before January 31 of the following year;

- Irregular reports on treatment of domestic solid waste at the request of competent regulatory bodies;

- Prepare transfer note of domestic solid waste; operation log of systems and equipment in treatment of domestic solid waste; tracking book of quantity of recycled products or reusable solid waste recovered from domestic solid waste (if any);

- Maintain contracts, transfer notes of domestic solid waste, operation logs, documents related to treatment of domestic solid waste for 5 years to provide for competent regulatory bodies;

c) If hazardous waste is classified from domestic solid waste or hazardous waste is generated from the domestic solid waste treatment facility, the facility shall assume responsibilities as the generator of hazardous waste as prescribed;

d) Ensure that domestic solid waste treatment system and equipment (including pre-processing, recycling, co-treatment, recovery of energy from domestic solid waste, hereinafter referred to as treatment of domestic solid waste) meet technical regulations and management process prescribed in Point c Appendix II Section III issued herewith.”

10. Point a shall be annulled and Point b Clause 2, Clause 3 Article 23 shall be amended as follows:

a) Point a Clause 2 shall be annulled;

b) Point b Clause 2 shall be amended as follows:

 “b) Carry out the renovation of the landscape of the area and take measures to prevent environmental pollution in accordance immediately after the closure of domestic solid waste landfills.”

c) Clause 3 shall be amended as follows:

“3. The Ministry of Natural Resources and Environment shall provide guidelines for closure of domestic solid waste landfills after the operation has been ceased.”

11. Article 28 shall be amended as follows:

“Article 28. Responsibilities of People’s Committees in domestic solid waste management

1. Responsibilities of People’s Committee of province

a) Manage domestic solid waste in the province, assign management responsibilities to specialized agencies and delegate management decentralization to the People’s Committees in terms of domestic solid waste management as prescribed;

b) Issue specific regulations on domestic solid waste management; incentives policies for collection, transport and investment in domestic solid waste treatment facilities in conformity with socio-economic development conditions of the province in necessary cases;

c) Direct and initiate solid waste management section in the relevant planning within their competence; prepare annual plan for collection, transport, treatment of domestic solid waste and set aside a fund in conformity with the socio-economic development plan of the province;

d) Formulate the hygiene charges and service charges for households, individuals, business entities as prescribed;

dd) Send annual reports to the Ministry of Natural Resources and Environment, the Ministry of Construction on the domestic solid waste management in the province before January 31 of the following year;

e) Raise awareness of laws and regulations on domestic solid waste; direct inspection and actions against violations of solid waste management in the province.

2. Responsibilities of People’s Committee of district

a) Issue regulations, programs, plans for domestic solid waste management within their competence;

b) Implement strategies, programs, plans and duties on domestic solid waste management;

c) Send annual reports on solid waste management to the People’s Committee of province.

3. Responsibilities of People’s Committee of commune

a) Formulate plans and implement solid waste management in the commune;

b) Initiate classification of domestic solid waste at sources as prescribed;

c) Send annual reports on solid waste management to the People’s Committee of district.”

12. Clause 3 and Clause 4 shall be added to Article 29 as follows:

“3. Conventional industrial solid waste is classified into 3 categories as follows:

a) Conventional industrial solid waste to be reused or recycled as production materials;

b) Solid waste used in production of building materials and ground leveling;

c) Conventional industrial solid waste to be treated by burning, burying and reconstituting at areas where mineral extraction is closed as prescribed in law on minerals and other treatment methods in accordance with relevant special law;

d) If the conventional industrial solid waste is not classified, it must be treated in accordance with Point c of this Clause.

4. The Ministry of Construction shall promulgate technical regulations on using conventional industrial solid waste for production of building materials or for ground leveling and in construction works; formulate national standards for using conventional industrial solid waste for production of building materials or for ground leveling and in construction works, and then send them to the Ministry of Science and Technology to publish. If technical regulations and standards has not been promulgated, standards of one of countries such as EU, USA, Japan or Korea shall prevail.”

13. Article 30 shall be amended as follows:

“Article 30. Responsibilities of generators of conventional industrial solid waste

1. Classify conventional industrial solid waste as prescribed in Clause 3 Article 29 hereof; furnish storage equipment and areas of conventional industrial solid waste meeting technical regulations and management process as prescribed in Point A Appendix III Section III issued herewith.

2. The generator of conventional industrial solid waste shall transfer conventional industrial solid waste to one of following entities:

a) A facility owner permitted to use conventional industrial solid waste directly for production of building materials or ground levelling by law;

b) A facility owner whose waste co-treatment plan has been approved by the competent authority;

c) A treater of conventional industrial solid waste having appropriate functions;

d) A transporter of conventional industrial solid waste meeting requirements in Article 31 hereof and having transfer contracts with entities prescribed in Point a, b and Point c hereof.

3. The transfer note of conventional industrial solid waste shall be used for every transfer of conventional industrial solid waste as prescribed in Appendix IV Section III issued herewith.

4. An generator of conventional industrial solid waste which conducts reuse, pre-processing, recycling, treatment, co-treatment, recovery of energy from conventional industrial solid waste by themselves must comply with technical regulations and management process as follows:

a) In accordance with certificate of enterprise registration, business registration or investment certificate, investment registration and other equivalent documents as per the law;

b) The generator of conventional industrial solid waste shall use technology, environment protection works, and manufacturing equipment available at the facility premises and meet environment protection requirements as prescribed. Any incinerator or landfill of conventional industrial solid waste in the premises of the generator to conduct treatment of conventional industrial solid waste by themselves must be accordant with solid waste management section in relevant plannings;

c) In accordance with the decision on approval for EIA report, approved environmental protection plan or equivalent documents.

5. Prepare following reports:

a) Annual reports on management of conventional industrial solid waste (reporting period from January 11 to December 31) using form No. 03 Appendix V Section III issued herewith and send them to Department of Natural Resources and Environment before January 31 of the following year. If the above-mentioned generator is also the generator of hazardous waste, such report on management of conventional industrial solid waste shall be combined with the report on management of hazardous waste;

b) Irregular reports on generation of conventional industrial solid waste at the request of competent regulatory bodies”.

14. Article 31a shall be added as follows:

"Article 31a. Responsibilities of collectors/transporters of conventional industrial solid waste

1. Conclude a contract for collection and transport of conventional industrial solid waste with a generator of waste only after concluding a transfer contract with one of the entities prescribed in Point a, b and Point c Clause 2 hereof.

2. The collector/transporter may transfer conventional industrial solid waste to one of the following entities:

a) A facility owner permitted to use conventional industrial solid waste directly for production of building materials or ground levelling by law;

b) A facility owner whose waste co-treatment plan has been approved by the competent authority;

c) A treater of waste having appropriate functions or a hazardous waste treatment facility (if the facility treats conventional industrial solid waste and hazardous waste).

3. The transfer note of conventional industrial solid waste shall be used for every transfer of conventional industrial solid waste as prescribed in Appendix IV Section III issued herewith.

4. Ensure that means of transportation, storage equipment, collecting points, transfer stations, storage areas of conventional industrial solid waste must meet technical regulations, management procedures as prescribed in Point A and Point B Appendix II Section III issued herewith.

5. Prepare following reports:

a) Annual reports on management of conventional industrial solid waste (reporting period from January 11 to December 31) using form No. 04 Appendix V Section III issued herewith and send them to Department of Natural Resources and Environment before January 31 of the following year;

b) Irregular reports on collection and transport of conventional industrial solid waste at the request of competent regulatory bodies;

c) Combined reports on management of conventional industrial solid waste and domestic solid waste using the prescribed form and send them within 1 month from the end of the reporting period if the transporter both transport conventional industrial solid waste and domestic solid waste;

d) Combined reports on management of conventional industrial solid waste and hazardous waste using the prescribed form on management of hazardous waste if the transporter both transport conventional industrial solid waste and hazardous waste.”

15. Clauses 5 and 6 shall be amended and Clauses 7, 8, 9, 10, 11, 12 and 13 Article 32 shall be annulled as follows:

“5. Conventional industrial solid waste treatment facilities must obtain a certification of completion of environment protection works issued by the competent authority as prescribed.

6. Locations of conventional industrial solid waste treatment facilities must be consistent with environment protection planing and provincial planning.”

16. Article 33 shall be amended as follows:

“Article 33. Responsibilities of treaters of conventional industrial solid waste

1. Ensure that means of transportation, storage equipment, collecting points, transfer stations, storage areas of conventional industrial solid waste must meet technical regulations, management procedures as prescribed in Point A and Point B Appendix II Section III issued herewith.

2. Ensure that conventional industrial solid waste treatment system and equipment (including pre-processing, recycling, co-treatment, recovery of energy from conventional industrial solid waste, hereinafter referred to as treatment of conventional industrial solid waste) meet technical regulations and management process prescribed in Point c Appendix II Section III issued herewith.

3. If there is hazardous waste generated from conventional industrial solid waste treatment facility, facility shall assume the responsibility of the generator of hazardous waste as prescribed.

4. Prepare following reports:

a) Annual reports on management of conventional industrial solid waste (reporting period from January 11 to December 31) using form No. 05 Appendix V Section III issued herewith and send them to the certification agency, the Department of Natural Resources and Environment and People’s Committee of district where the conventional industrial solid waste treatment facility is located before January 30 of the following year;

b) Irregular reports on treatment of conventional industrial solid waste at the request of competent regulatory bodies;

c) Reports, applications, materials, logs in conjunction with management of conventional industrial solid waste, domestic solid waste shall be consolidated using form No. 05 Appendix V Section III issued herewith if the treater of conventional industrial solid waste is also a treater of domestic solid waste;

d) Consolidated reports, applications, documents, logs in connection with management of conventional industrial solid waste and hazardous waste using the prescribed form on management of hazardous waste if the treater of conventional industrial solid waste is also a treater of hazardous waste;

dd) Use transfer note of conventional industrial solid waste in every transfer of conventional industrial solid waste as prescribed in Appendix IV Section III issued herewith; prepare operation logs of systems and equipment for treatment of conventional industrial solid waste; logbook of quantity of products recycled or recovered from conventional industrial solid waste (if any);

e) Maintain contracts, operation logs, documents related to treatment of conventional industrial solid waste for 5 years to provide for competent regulatory bodies upon request.

5. Apply environment management system according to the Vietnam’s Standard ISO 14001 within 24 months from the date on which a new facility goes into operation or within 24 months from effective date of this Decree in case of an existing facility.

6. The conventional industrial solid waste treatment facility shall implement the plan for pollution control and environmental remediation and request the competent authority in writing to certify completion of environment protection works within 6 months from the date on which it has ceased operation.”

17. Clause 1 Article 34 shall be amended as follows:

“1. Perform functions of state management in conventional industrial solid waste.”

18. Article 35 shall be amended as follows:

“Article 35. Responsibilities of People’s Committees of provinces in management of conventional industrial solid waste

19. Clauses 4, 5, 6, 7 and 8 shall be added to Article 37 as follows:

“4. Wastewater discharged from secondary facilities in an industrial park must undergo preliminary treatment according to the conditions in an agreement between the investor of industrial park infrastructure construction and business and the decision on approval for EIA report of the industrial park before connecting to the collection system for further treatment at the centralized wastewater treatment system, meeting technical regulations on environment as prescribed before being discharged to the receiving water; unless the facility is exempt from connection as prescribed.

The wastewater connection conditions indicated in the agreement between the facility owner and investor of industrial park infrastructure construction and business may not go beyond conditions for receipt of wastewater of the concentrated wastewater treatment system in the decision on approval for EIA report or the approved project of environmental protection of the industrial park.

From January 1, 2020, the acceptance of any new project in an industrial park must fit for wastewater treatment of the centralized wastewater treatment system; any new secondary project in an industrial park must be connected to the centralized wastewater treatment system.

5. Cooling water shall be managed as follows:

a) Cooling water (including cooling water containing chlorine or disinfectants) must be separated from waste generated from production, business or services; and collected by a separate system;

b) Adopt heat removal measures to ensure that the temperature of cooling water may not exceed the temperature limits as industrial wastewater before being discharged into the environment;

c) The cooling water shall be discharged to environment through drainage gate separately from wastewater discharge gate. If wastewater and cooling water, subject to technical regulations, are discharged to the environment through the same drainage gate, the facility owner must install an automatic and continuous wastewater monitoring system to measure certain pollution parameters of such effluent before discharging it together with the cooling water. Any facility which is built and operating before effective date of this Decree must complete the installation of the automatic and continuous wastewater monitoring system prior to December 31, 2020.

6. A project of a kind of manufacturing possibly causing environmental pollution prescribed in Appendix IIa Section I issued herewith must have a wastewater treatment system (excluding connection points to the centralized wastewater treatment system) which meets environment protection requirements and has environment incident prevention and response works as prescribed in Article 101, Article 108 and Article 109 of the Law on Environment Protection. The environment incident prevention and response works of the wastewater treatment system must be approved in the EIA report. The project owner shall, based on characteristics and loading rate of the wastewater flow, choose either one of following technical solutions:

a) If designed wastewater volume is from 50m3/day (24 hours) to under 500m3/day (24 hours), it is required to build works to prevent and respond to wastewater incidents such as tanks, equipment or vehicles (hereinafter referred to as incident tanks) having capacity to contain wastewater at least 1 day or the incident tanks having capacity to re-treat wastewater and ensure that the wastewater will not be discharged to environment in a case where a wastewater treatment system incident happens;

b) If designed wastewater volume is from 500m3/day (24 hours) to under 5000m3/day (24 hours), it is required to build works to prevent and respond to wastewater incidents which are incident ponds having capacity to contain wastewater at least 2 days or the incident tanks having capacity to re-treat wastewater and ensure that the wastewater will not be discharged to environment in a case where a wastewater treatment system incident happens;

c) If designed wastewater volume is 5000m3/day (24 hours) or higher, it is required to build works to prevent and respond to wastewater incidents which are incident ponds and waste stabilization ponds combined having capacity to contain wastewater at least 3 days or the incident tanks having capacity to re-treat wastewater and ensure that the wastewater will not be discharged to environment in a case where a wastewater treatment system incident happens.

7. In an ongoing industrial park or facility of a kind of manufacturing possibly causing environmental pollution prescribed in Appendix Iia Section I issued herewith, if the wastewater treatment system (excluding connection points to the concentrated wastewater treatment system) has no environmental incident prevention and response work as prescribed in Clause 6 hereof, it must prepare a plan for construction of such work and send it to the approval authority of EIA report; upon completion, it must prepare an application for certification of completion of environmental incident prevention and response work under the procedures for inspection and certification of completion of environment protection works and complete construction of the work prior to December 31, 2020.

8. The Ministry of Natural Resources and Environment shall provide guidelines for and technical regulations on wastewater incident prevention and response works; check and make a list to track down the performance of entities prescribed in Clause 7 hereof.”

20. Article 39 shall be amended as follows:

“Article 39. Monitoring of wastewater discharge

1. Entities, frequency and parameters of regular wastewater monitoring:

a) Ongoing facilities, industrial parks and projects having scale and capacity equivalent to the projects/plans subject to EIA report and total volume of wastewater discharged to environment (according to the total design capacity of wastewater treatment systems or the volume of wastewater approved in the EIA report and equivalent documents) is 20m3/day (24 hours) or higher, excluding connecting points to concentrated wastewater treatment system of the industrial park shall perform regular wastewater monitoring every 3 months. If technical regulations on environment or regulations on environmental monitoring techniques promulgated by the Ministry of Natural Resources and Environment stipulate monitoring frequency of certain particular environment pollution parameters by sectors, such regulations shall prevail;

b) Ongoing facilities, industrial parks and projects having scale and capacity equivalent to the projects/plans subject to registration of environment protection plan and total volume of wastewater discharged to environment (according to the total design capacity of wastewater treatment systems or the volume of wastewater registered in the environmental protection plan) is 20m3/day (24 hours) or higher, excluding connecting points to concentrated wastewater treatment system of the industrial park shall perform regular wastewater monitoring every 6 months. If technical regulations on environment or regulations on environmental monitoring techniques promulgated by the Ministry of Natural Resources and Environment stipulate monitoring frequency of certain particular environment pollution parameters by sectors, such regulations shall prevail;

c) Facilities prescribed in Point a and Point b of this Clause connecting wastewater line to the concentrated wastewater treatment system of the industrial park shall perform regular wastewater monitoring as prescribed by the investor of industrial park infrastructure construction and business with a frequency not exceeding the frequency prescribed in Point a and Point b of this Clause;

d) Encourage facilities not prescribed in Points a, b and Point c of this Clause to perform regular wastewater monitoring as the basis for assessment of conformity with technical regulations on environment; if the wastewater exceeds technical regulations on environment, it is required to check the wastewater treatment system or renovate, upgrade wastewater treatment works meeting technical regulations on environment before discharging wastewater to environment;

dd) Regular wastewater monitoring parameters are specified in national technical regulations or local technical regulations on environment as prescribed. In case of a particular kind of manufacturing without technical regulations on environment by sector, monitoring parameters shall conform with regulations on environmental monitoring techniques promulgated by the Ministry of Natural Resources and Environment;

a) The monitoring of flow of influent and effluent of the wastewater treatment system associated with entities prescribed in Point a and Point b of this Clause and monitoring of flow of effluent associated with entities prescribed in Point c of this Clause shall be carried out through flow meters.

2. Entities required to perform automatic and continuous wastewater monitoring (except for: connecting points to the concentrated wastewater treatment system, aquaculture facilities, facilities which have treatment system to treat wastewater produced from periodic tank cleaning separately from other wastewater treatment system, facilities which have cooling water not containing chlorine or disinfectants and facilities which have water from mine dewatering and these mines extract minerals for production of ordinary building materials, limestones), including:

a) Industrial parks and facilities in industrial parks which are exempt from connection to the concentrated wastewater treatment system;

b) Business entities of a kind of manufacturing possibly causing environmental pollution prescribed in Appendix IIa Section I issued herewith and having volume of discharge 500m3/day (24 hours) or higher according to the design capacity of the wastewater treatment system;

c) Hazardous waste treatment facilities, centralized solid waste treatment facilities at provincial scale and facilities which use imported scrap as production materials and discharge industrial wastewater or leachate to environment, and subject to preparation of EIA reports;

d) Business entities not specified in Points a, b and Point c of this Clause and having volume of discharges of 1,000m3/day (24 hours) or higher according to the design capacity of the wastewater treatment system;

dd) Facilities which carried administrative penalties for discharging wastewater exceeding technical regulations on environment but still repeat that offense or committed such offense multiple times before facing the penalties;

e) Other entities decided by the People’s Committee of province.

3. Entities prescribed in Clause 2 hereof must install automatic and continuous wastewater monitoring system (including automatic and continuous monitoring equipment and automatic sampling equipment) with equip CCTV and transmit data directly to Department of Natural Resources and Environment before December 31, 2020.

In case where a project prescribed in Clause 2 hereof is under construction phase, it must install the automatic and continuous wastewater monitoring system before it is put into operation. In a case prescribed in Point dd Clause 2 hereof, it must install automatic and continuous wastewater monitoring system within the period of time mentioned in the decision on penalty for administrative violation. Automatic and continuous wastewater monitoring parameters include: flow (influent and effluent), temperature, pH, TSS, COD, ammonia;

For projects and facilities of a kind of manufacturing possibly causing environmental pollution prescribed in Appendix IIa Section I issued herewith, particular environmental parameters by sector shall be decided by the approval authority of EIA report or certification authority of environmental protection plan;

For cooling water containing chlorine or chlorine-based disinfectants only have the following parameters: flow, temperature and chlorine.

4. Automatic and continuous wastewater monitoring system with CCTV must undergo testing, survey, and calibration as per the law on science and technology, standards, metrology and quality.

5. Responsibilities of the Ministry of Natural Resources and Environment:

a) Supervise data of automatic and continuous wastewater monitoring; evaluate measurement results of automatic and continuous wastewater monitoring per day (24 hours) and compare them with maximum permissible limits of pollution parameters according to the technical regulations on waste; supervise and inspect the handling measures in the following cases: monitoring data is interrupted; detect parameters exceeding technical regulations on environment and propose handling measures as prescribed;

b) Aggregate and transmit data of automatic and continuous wastewater monitoring in the province to the Ministry of Natural Resources and Environment as prescribed and upon request.

6. Encourage business entities not specified in Clause 2 hereof to install automatic and continuous wastewater monitoring system to supervise and propose environment improvement solutions to their wastewater treatment system. These facilities are exempt from regular wastewater monitoring programs as per the law.

7. Entities prescribed in Clause 2 hereof are exempt from regular wastewater monitoring associated with parameters which have been monitored on an automatic and continuous basis.

8. The results of regular wastewater monitoring and automatic and continuous wastewater monitoring shall be used for declaration and payment of environment protection fees in conjunction with wastewater.

9. The Ministry of Natural Resources and Environment shall provide technical guidelines for regular wastewater monitoring, automatic and continuous wastewater monitoring; frequency and particular monitoring parameters; and use of automatic and continuous wastewater monitoring data.”

21. Article 45 shall be amended as follows:

“Article 45. Establishment and management of database on industrial emission

An owner of project or facility which generates industrial emission and is subject to inspection and certification of completion of environment protection works prescribed in Clause 1 Article 17 and Clause 3 Article 22 of the Government’s Decree No. 18/2015/ND-CP must establish and manage database on industrial emission. Database on industrial emission comprises data on measurement, statistics, inventories of flow, parameters, characteristics of industrial emission. The project or facility owner shall include performance of these matters in the annual report on completion of environment protection works and annual report on environment protection.”

22. Article 46 shall be amended as follows:

“Article 46. Industrial emissions

A project or facility which generates industrial emissions and is subject to inspection and certification of completion of environment protection works prescribed in Clause 1 Article 17 and Clause 3 Article 22 of the Government’s Decree No. 18/2015/ND-CP must obtain a license for industrial emission. The content of licensing industrial emission shall be included in the environment protection works, certificate of eligibility for environment protection in import of scrap as production materials or license for hazardous waste treatment as per the law.”

23. Article 47 shall be amended as follows:

“Article 47. Monitoring of industrial emission

1. Entities, frequency and parameters of regular emission monitoring:

a) Ongoing facilities and projects having scale and capacity equivalent to the projects/plans subject to EIA report and total volume of emissions discharged to environment is 5,000m3/hour or higher (according to the total design capacity of emission treatment systems or the flow of emissions approved in the EIA report and equivalent documents) shall perform regular wastewater monitoring every 3 months. If technical regulations on environment or regulations on environmental monitoring techniques promulgated by the Ministry of Natural Resources and Environment stipulate monitoring frequency of certain particular environment pollution parameters by sectors, such regulations shall prevail;

b) Ongoing facilities, industrial parks and projects having scale and capacity equivalent to the projects/plans subject to registration of environment protection plan and total flow of emissions discharged to environment is 5,000m3/hour or higher (according to the total design capacity of emission treatment systems or the flow of emissions registered in the environmental protection plan) shall perform regular wastewater monitoring every 6 months. If technical regulations on environment or regulations on environmental monitoring techniques promulgated by the Ministry of Natural Resources and Environment stipulate monitoring frequency of certain particular environment pollution parameters by sectors, such regulations shall prevail;

c) Encourage facilities not prescribed in Points a and Point b of this Clause to perform regular emission monitoring as the basis for assessment of conformity with technical regulations on environment; if the emission exceeds technical regulations on environment, it is required to check the emission treatment system or renovate, upgrade emission treatment works meeting technical regulations on environment before releasing emission to environment;

d) Regular emission monitoring parameters are specified in national technical regulations or local technical regulations on environment as prescribed;

dd) The monitoring of flow of emissions of the large-flow emission treatment system and equipment prescribed in Appendix I Section III issued herewith shall be carried out via the emission flow meter; the flow of emissions of other emission treatment system and equipment shall be determined through emission monitoring equipment as prescribed.

2. The automatic and continuous emission monitoring shall be carried out in the following cases:

a) Projects, facilities under the list of large-flow emission sources prescribed in Appendix I Section III issued herewith;

b) Incinerators of hazardous waste; incinerators of waste of provincially-centralized waste treatment facilities;

c) Emissions of facilities using imported scrap as production materials subject to EIA reports;

d) Facilities which carried administrative penalties for releasing emissions exceeding technical regulations on environment but still repeat that offense or committed such offense multiple times before facing the penalties;

dd) Other cases decided by the People’s Committee of province.

3. In the cases prescribed in Clause 2 hereof, it is required to install automatic and continuous emission monitoring system with CCTV and transmits data directly to Department of Natural Resources and Environment where the facilities are located before December 31, 2020.

In case where a project prescribed in Clause 2 hereof is under construction phase, it must install the automatic and continuous emission monitoring system before it is put into operation. In a case prescribed in Point d Clause 2 hereof, it must install automatic and continuous emission monitoring system within the period of time mentioned in the decision on penalty for administrative violation. Automatic and continuous emission monitoring parameters include:

a) Fixed environmental parameters include: flow, temperature, pressure, surplus O₂, total suspended particles, SO₂, NO_x and CO (unless a technical regulations on environment in a special sector requires no control);

b) Particular environmental parameters by sectors referred to in the report and decision on approval for EIA report or certified environmental protection plan.

4. Automatic and continuous emission monitoring system with CCTV must undergo testing, survey, and calibration as per the law on science and technology, standards, metrology and quality.

5. Responsibilities of the Ministry of Natural Resources and Environment:

a) Supervise data of automatic and continuous emission monitoring; evaluate measurement results of automatic and continuous emission monitoring per day (24 hours) and compare them with maximum permissible limits of pollution parameters according to the technical regulations on waste; supervise and inspect the handling measures in the following cases: monitoring data is interrupted; detect parameters exceeding technical regulations on environment and propose handling measures as prescribed;

b) Aggregate and transmit data of automatic and continuous emission monitoring in the province to the Ministry of Natural Resources and Environment as prescribed and upon request.

6. Encourage business entities not specified in Clause 2 hereof to install automatic and continuous emission monitoring system to supervise and propose environment improvement solutions to their emission treatment system. These facilities are exempt from regular emission monitoring programs as per the law.

7. Entities prescribed in Clause 2 hereof are exempt from regular emission monitoring associated with parameters which have been monitored on an automatic and continuous basis.

8. The results of regular emission monitoring, automatic and continuous emission monitoring shall be used as the basis for issuing licenses for industrial emissions.

9. The Ministry of Natural Resources and Environment shall provide technical guidelines for regular emission monitoring, automatic and continuous emission monitoring; and use of automatic and continuous emission monitoring data.”

24. Article 48 shall be amended as follows:

“Article 48. Responsibilities of the Minister of Natural Resources and Environment in management of industrial emission

The Minister of Natural Resources and Environment shall stipulate emission sources, particular automatic and continuous monitoring emission parameters, technical requirements and standards for connection to automatic and continuous industrial emission monitoring data."

25. Article 52a shall be added as follows:

"Article 52a. Regulations on particular waste from mineral extraction

1. Sludge, liquid waste recovered from and remaining ores from beneficiation process shall be managed and disposed of in accordance with law on environment protection or stored in tailings damps and ponds in accordance with law on minerals, not causing environmental pollution.

2. Tailings damps and ponds, waste sludges ponds from beneficiation process must be designed to ensure stability of the work, anti-spill, waterproof, anti-subsidence, anti-leakage of waste into the environment, meeting technical regulations and standards on construction and relevant technical regulations and standards.

3. The mineral extraction facility owner shall make a plan for exploitation of remaining ores in tailings ponds; if the exploitation is not permitted, the tailings ponds must be managed in accordance with management of waste and make a plan for environmental renovation and restoration as prescribed by law.”

26. Article 52b shall be added as follows:

"Article 52b. Regulations on management of ashes, slags, plasters of thermal power plants, chemical plants, fertilizer plants, steel plants and other facilities

1. Ashes, slags and plasters must be determined and classified; if they are not hazardous waste and meet technical regulations and standards promulgated by competent authorities, they may be used as materials for production of building materials, ground levelling, use in construction works and managed as products of building materials. If there is no relevant technical regulations and standards or technical guidelines, standards of one of the following countries: EU, USA, Japan or Korea shall prevail.

2. Ashes, slags, plasters determined as conventional industrial waste shall be recommended for use in environmental recovery at mineral extraction closure areas in accordance with law on minerals and environment.

3. The Ministry of Construction shall promulgate technical regulations on treatment and use of ashes, slags and plasters as construction materials or for ground leveling and in construction works; formulate national standards for treatment and use of ashes, slags and plasters as construction materials or for ground leveling and in construction works, and then send them to the Ministry of Science and Technology to publish as per the law.

4. The Ministry of Natural Resources and Environment shall promulgate technical regulations and guidelines for treatment and use of ashes, slags and plasters, other conventional industrial waste and hazardous waste for environmental recovery at mineral extraction closure areas in accordance with law on minerals and in conformity with environment protection requirements. If there is no relevant technical regulations and standards, standards of one of the following countries: EU, USA, Japan or Korea shall prevail.”27. Article 54a shall be added as follows:

"Article 54a. Regulations on regular environmental monitoring of business entities and industrial parks

1. Entities required to carry out regular environmental monitoring include:

a) Entities required to carry out regular wastewater monitoring prescribed in Point a, b and c Clause 1 Article 39 hereof;

b) Entities required to carry out regular emission monitoring prescribed in Points a and b Clause 1 Article 47 hereof;

c) Entities required to determine waste sludges, solid waste containing hazardous chemicals of class I for management in accordance with regulations on management of hazardous waste;

d) Facilities causing serious environmental pollution prescribed in Clause 4 Article 33 of Decree No. 19/2015/ND-CP shall carry out monitoring of environmental pollutants. Environmental components, monitoring frequency and parameters shall be determined in the decision on penalty for administrative violation or decision on approval for EIA report or certification of registration of environment protection plan issued by competent authorities.

2. Entities prescribed in Clause 1 hereof are required to prepare plans for regular environmental monitoring (hereinafter referred to as plans), and then send them to Department of Natural Resources and Environment before December 31 of the previous year for supervision; if they fall under authority to approve EIA reports of ministries, the plan shall be also sent to the Ministry of Natural Resources and Environment. The plan shall be made based on the following:

a) Regular environmental monitoring and supervision programs in the report and decision on approval for EIA report and certified environmental protection plan or equivalent documents or regular environmental monitoring and supervision programs which are adjusted in a way in consistence with performance of the project, facility or industrial park in the confirmation of completion of environment protection works, the certificate of eligibility for environment protection in import of scrap used as production materials, the license for hazardous waste treatment or other relevant certifications or adjustments;

b) Types of waste generated by waste discharge sources and points; environmental components to be monitored; regular environmental monitoring frequency and parameters.

3. Regular environmental monitoring services providers shall take legal responsibility for the accuracy of environmental monitoring results.

4. Responsibilities of Department of Natural Resources and Environment

a) Supervise the regular of environmental monitoring in the province; conduct surprise inspection in necessary cases;

b) Solicit certified independent appraisal units as per the law, whenever necessary, to cross-check waste samples taken by the environmental monitoring services providers. The environmental monitoring results of the independent appraisal units shall be valid for crosschecking; monitoring costs shall be covered by the state from the funding for annual environment expenditures of Department of Natural Resources and Environment; if the waste sample exceeds technical regulations on waste, the monitoring results shall be used as the basis for penalty for administrative violation in accordance with the Decree on penalties for administrative violations in environment protection;

c) Assess the environmental monitoring results. If the waste monitoring results exceed technical regulations on environment, Department of Natural Resources and Environment shall issue (the first) warning and request the entity prescribed in Clause hereof to review the operation process, environment protection works in order to make plans for adjustment, renovation, upgrade (if necessary), ensure that the waste shall be treated in conformity with technical regulations on environment before being discharged; if the self-monitoring result still exceeds technical regulations on environment, the entity shall face penalty as per the law.

5. Responsibilities of entities subject to regular environmental monitoring

a) Make plans as prescribed in Clause 2 hereof and be held accountable for the accuracy of their plans;

b) Request qualified units as per the law to carry out regular environmental monitoring for their facilities or industrial parks;

c) Use industrial wastewater monitoring results to declare and pay fees for environment protection as prescribed;

d) Use regular environmental monitoring results to prepare annual environment protection reports and for other purposes as per the law.

6. The Ministry of Natural Resources and Environment shall provide technical guidelines for regular environmental monitoring prescribed in this Article.”

28. Article 55 shall be amended as follows:

“Article 55. Scrap used as production materials imported from overseas to Vietnam and importers of scrap to be used as production materials

1. Imported scrap used as production materials must meet the requirements prescribed in Clause 1 Article 76 of the Law on Environment Protection. An importer of scrap may choose to carry out customs procedures at customs authority of import checkpoint or at the customs authority where the plant or manufacturer using imported scrap is located (hereinafter referred to as manufacturer); and may choose to carry out quality control of imported scrap at the import checkpoint or at the customs authority where the manufacturer using imported scrap is located or at the manufacturer using imported scrap. The imported scrap may only be permitted to be unloaded to ports if all following requirements are met:

a) The consignee mentioned in the E-Manifest must obtain a certificate of eligibility for environment protection in import of scrap used as production materials which remains valid and has unused quota for imported scrap;

b) The consignee mentioned in the E-Manifest must obtain a certification of a guarantee bond on imported scrap mentioned in the E-Manifest as prescribed in Point b Clause 3 Article 57 of this Decree.

The customs authority must check information prescribed in Point a and b of this Clause before permitting the unloading of scrap to the port.

2. The manufacturer using imported scrap and meeting the following requirements is permitted to import scrap to be used as production materials:

a) Meeting the requirements and responsibilities for environment protection prescribed in Clause 2 and Clause 3 Article 76 of the Law on Environment Protection;

b) Having a EIA report approved by the Ministry of Natural Resources and Environment, which specifies the use of imported scrap as production materials and having a confirmation of completion of environment protection works or a license for hazardous waste treatment, which specifies the use of imported scrap as production materials in projects that have gone into operation.

Newly-built projects must meet the requirements prescribed in Article 16b and Article 17 of the Government’s Decree No. 18/2015/ND-CP.

c) Having a certificate of eligibility for environment protection in import of scrap used as production materials as per the law.”

29. Article 56 shall be amended as follows:

“Article 56. Conditions pertaining to environment protection in import of scrap used as production materials

1. Warehouses and storage yards of imported scrap

a) Warehouses of imported scrap:

- There is a system to collect rainwater, a system to collect and treat types of wastewater generating during the storage of scrap meeting technical regulations on environment;

- There is an area with a high level of foundation to avoid flooding and the floor surface designed to avoid rainwater from overflowing from outside; the floor meets tightness requirement, has no cracking, is made of waterproofing material and durable enough to withstand the load of the highest amount of scrap according to calculations;

- There are walls and partitions made of fireproof materials. There are sun-proof and rain-proof roofs for the whole warehouse area of scrap made of fireproof materials; there are measures or design to limit wind directly to the inside.

b) Storage yards of imported scrap:

- There is a system to collect and treat rainwater overflowing the storage yard of imported scrap and types of wastewater generating during the storage of scrap meeting technical regulations on environment;

- There is an area with a high level of foundation to avoid flooding; the floor meets tightness requirement, has no cracking, is made of waterproofing material and durable enough to withstand the load of the highest amount of scrap according to calculations;

- There are measures to minimize dust generating from the storage yard of scrap.

2. There are technologies and equipment to recycle or reuse scrap meeting technical regulations and management process as prescribed.

3. There are technologies and equipment to dispose of impurities accompanying scrap meeting technical regulations on environment. If there is no technology and equipment to dispose of the accompanying impurities, they are required to assign the disposal to the qualified organizations.

4. Post a bond on imported scrap as prescribed in this Decree.

5. There is a commitment to re-export or dispose of scrap in a case where the imported scrap fails to meet environment protection requirements.

6. The manufacturer may only import scrap as production materials in conformity with its design capacity to produce goods. It is prohibited to import scrap for pre-processing and resale of scrap purposes only. From January 1, 2025, a facility using imported scrap used as production materials may only import scrap up to 80% of its design capacity and purchase the remaining scrap locally to use as production materials.

It is only permitted to import scrap plastic to be used as production materials of products, goods (excluding commercial recycled plastic), except for projects obtaining approvals for investment policies, investment certificates and ongoing facilities permitted to import scrap plastic to produce commercial recycled plastic until December 31, 2024.

It is only permitted to import scrap paper to be used as production materials of products, goods (excluding commercial recycled pulp)

7. Conclude contracts directly with foreign providers of imported scrap used as production materials.”

30. Article 56b shall be added as follows:

"Article 56a. Power and procedures to issue, reissue, and revoke certificates of eligibility for environment protection in import of scrap

1. The Ministry of Natural Resources and Environment shall issue, reissue, and revoke certificates of eligibility for environment protection in import of scrap used as production materials (hereinafter referred to as Certificate).

2. Required documents in an application for issuance of Certificate:

a) An application form using form No. 01 Appendix VI Section III issued herewith;

b) A report on eligibility for environment protection in import of scrap used as production materials using form No. 02 Appendix VI Section III issued herewith;

c) A copy of business registration certificate or enterprise registration certificate; TIN registration certificate;

d) A copy of decision on approval for EIA report;

dd) A copy of inspection result of waste treatment works for the project owner to carry out commissioning issued by the provincial environment protection authority as prescribed in Point a Clause 6 Article 16b of Government’s Decree No. 18/2015/ND-CP (applies solely to projects which have been undergoing commissioning phase);

e) A copy of inspection result of commissioning of waste treatment works issued by the provincial environment protection authority as prescribed in Point d Clause 6 Article 16b of Government’s Decree No. 18/2015/ND-CP (applies solely to projects which have just completed commissioning phase);

g) A copy of one of the following documents: confirmation of completion of environment protection works or license for hazardous waste treatment or certificate of eligibility for environment protection in import of scrap of the applicant for reissuance of Certificate;

h) A copy of contract for transfer of treatment of impurities and waste with a qualified organization (if the facility has no technology or equipment to treat impurities accompanying imported scrap and waste);

i) A commitment to re-export, treat, or dispose of violating imported scrap using form No. 03 Appendix VI Section III issued herewith.

3. Procedures for verification, time limit, issuance of Certificate

a) The importer of scrap used as production materials shall prepare e-documents (application for issuance of Certificate prescribed in Clause 2 of this Article) and send them to the Ministry of Natural Resources and Environment via national single-window system. Procedures for initiation, receipt, exchange, response, and giving of administrative procedure processing result in this Clause shall be done via national single-window system and specialized system of the Ministry of Natural Resources and Environment in accordance with regulations on administrative procedures via National Single Window, ASEAN Single Window and specialized inspection of exported goods and imported goods;

b) Within 5 working days from the day on which the valid and complete application is received, the receiving body or the authorized body shall set up an inspectorate to inspect eligibility for environment protection in import and use of imported scrap used as production materials as prescribed in Article 56 hereof. If the application is insufficient, the receiving body or the authorized body shall notify the applicant of completion and provide explanation.

The inspectorate shall conduct an inspection visit, take and analyze waste sources generating from the project, facility for assessment (take and analyze composite samples for assessment in case of necessity). The cost incurred in taking and analysis of samples shall be covered by the fee for issuance of Certificate; if the composite sample is taken, cost incurred shall be covered by the applicant. The inspection result shall be expressed in a report;

c) If the importer meets the conditions for environment protection as prescribed, the competent authority shall consider issuing a Certificate; if not, the competent authority shall notify the applicant of completion of the application and fulfill the eligibility conditions for environment protection. The applicant shall complete the application and send the completed application to the competent authority for consideration; in case of necessity, the competent authority shall re-verify conditions for environment protection and consider issuing the Certificate;

d) Time limit for issuance of Certificate is 25 working days from the day on which the valid and complete application is received; time limit for issuance of Certificate is 20 working days from the day on which the valid and complete application is received. The above time limit does not include the time limit for completion of application and analysis of waste samples;

dd) The Certificate is valid for 5 years using Form No. 04 Appendix VI Section III issued herewith.

Regarding new projects, the procedure for issuance of Certificate shall replace the procedure for inspection and certification of completion of environment protection works. The Certificate shall replace confirmation of completion of environment protection works.

Regarding hazardous waste treatment facilities and projects having the phase of production, recycling, reuse of scrap as production materials, the procedure for issuance of the Certificate shall be combined with the procedure for issuance of the license for hazardous waste treatment. The licensing agency shall issue both Certificate and license for hazardous waste treatment.

4. Procedures for inspection, time limit for issuance of Certificate in case of projects of commissioning of waste treatment works

a) The importer of scrap used as production materials shall prepare e-documents (application for issuance of Certificate prescribed in Points a, b, c, d, dd, h, and I Clause 2 of this Article) and send them to the Ministry of Natural Resources and Environment via national single-window system. Procedures for initiation, receipt, exchange, response, and giving of processing administrative procedure results in this Clause shall be carried out in accordance with Point a Clause 3 of this Article;

b) Within 15 working days, from the day on which the valid and complete application is received, the competent authority shall consider issuing a Certificate; if the application is unsatisfactory, the receiving body shall notify the applicant of completion and fulfill the eligibility conditions for environment protection; in case of necessity, the competent authority shall conduct an inspection visit to waste treatment works before issuing the Certificate;

c) The Certificate is valid for 1 year in order for the project of commission of waste treatment works using Form No. 04 Appendix VI Section III issued herewith.

5. 90 days before the expiry date of the Certificate, the applicant must submit the application prescribed in Points a, b, c, d, g, h and I Clause 2 hereof for reissuance of the Certificate. Procedures for inspection, reissuance of Certificate shall be carried out as prescribed in Clause 3 of this Article.

6. If the Certificate is lost or damaged, the applicant shall request the issuing authority in writing to issue a copy of Certificate.

7. Certificate shall be revoked in the following cases:

a) A violation against regulations on environment protection is so serious that the Certificate may be suspended or the operation may be mandatorily suspended as prescribed by the Government on penalties for administrative violations in environment protection and has not completed the rectification of violation consequences;

b) The importer of scrap must terminate the import of scrap as production materials or goes bankrupt and is dissolved.

8. The licensing agency of a Certificate shall issue a decision on revocation of such Certificate, specifying the name of importer whose Certificate is revoked, bases and reasons for revocation and remedial measures enclosed if the importer has not fulfilled responsibilities as prescribed in Article 63 hereof.

9. The agency which issues, reissues or revokes a Certificate and the competent person who impose a decision on penalty for administrative violation on the importer of scrap in form of suspension of the Certificate or mandatory suspension of operation shall publish such information on their website, and send the original of Certificate, revocation decision and penalty decision to:

a) National single-window system;

b) The Ministry of Finance (the General Department of Customs);

c) The environmental protection authority of province where the manufacturer using imported scrap as production materials is located;

d) The licensing agency of Certificate in case of penalty for violation;

dd) The holder of Certificate.

10. The Ministry of Natural Resources and Environment shall provide guidelines for inspection and issuance of Certificates; regulations on environment monitoring techniques prescribed in this Article.”

31. Article 57 shall be amended as follows:

“Article 57. Posting bonds on imported scrap

1. Purposes and methods of posting bonds on imported scrap:

a) Posting a bond on imported scrap is to ensure that the importer of imported scrap shall be responsible for dealing with risks of environmental pollution possibly generating from the consignment of imported scrap;

b) The importer of scrap shall post a bond at the credit institution where the importer opens the trading account (hereinafter referred to as posting bonds). The posting bonds shall apply to each consignment or each contract specifying information and value of the consignment of imported scrap;

c) The bond shall be paid or refunded in VND and earn interests as agreed as per the law from the date of posting the bond.

2. Amount of bond posted on imported scrap

a) The importer of scrap iron and steel shall post a bond on imported scrap with amounts as follows:

- Regarding import volume of under 500 tonnes, it is required to post a bond of 10% of total value of imported scrap consignment;

- Regarding import volume of from 500 tonnes to under 1,000 tonnes, it is required to post a bond of 15% of total value of imported scrap consignment;

- Regarding import volume of at least 1.000 tonnes, it is required to post a bond of 20% of total value of imported scrap consignment.

b) The importer of scrap paper and plastic shall post a bond on imported scrap with amounts as follows:

- Regarding import volume of under 100 tonnes, it is required to post a bond of 15% of total value of imported scrap consignment;

- Regarding import volume of from 100 tonnes to under 500 tonnes, it is required to post a bond of 18% of total value of imported scrap consignment;

- Regarding import volume of at least 500 tonnes, it is required to post a bond of 20% of total value of imported scrap consignment.

c) An importer of scrap not specified in Clause 1 and Clause 2 hereof shall post a bond on imported scrap with the amount of 10% of total value of imported scrap consignment.

3. Procedures for posting a bond of imported scrap

a) The importer of scrap shall post a bond before the scrap is unloaded in case of import through seaway checkpoint or import to Vietnam’s territory in other cases;

b) As soon as possible after receiving the bond, the credit institution shall certify the bond posted by the importer of scrap in the request for posting bond. The certification of posting bond shall at least contain: name of the blocked account; total bond calculated as prescribed in this Decree; time limit for refund of the bond after the goods are granted customs clearance; and time limit for blocking account (if any).

The credit institution shall send the importer of scrap 2 originals of certification of bond posted on imported scrap. The importer of scrap shall send a certification of bond (scan of original certified by the e-signature of the importer) to the national single-window system and send 1 original to the customs authority where the customs clearance is conducted.

4. Management and use of the bond posted on imported scrap

a) The credit institution receiving the bond on imported scrap shall block the bond as per the law;

b) The credit institution receiving the bond shall refund the bond to the importer of scrap after receiving the request of such importer enclosed with information about number of customs declaration associated with the imported scrap consignment which is granted customs clearance or information about cancellation of import customs declaration by the customs authority or certification of finishing abiding by the decision on re-export or disposal of as prescribed in law on waste management;

c) If the imported scrap is not granted customs clearance and cannot be re-exported, the bond shall be used to pay the cost incurred in treatment and disposal of violating scrap. If the bond posted on imported scrap has not enough to fully pay the cost incurred in treatment and disposal of violating scrap, such cost shall be at the importer’s expense. Any value generated from the product after treatment and disposal of imported scrap shall be confiscated as per the law (excluding the product made from materials, additives or other scrap mixed under production process of the unit assigned to treat the violating imported scrap) and such value may not be accounted for as cost incurred in treatment and disposal of violating imported scrap.

The treatment and disposal of violating imported scrap shall be carried out as prescribed in regulations on waste management. The cost incurred in treatment and disposal of scrap associated with violation shall be agreed upon between the violating importer and the organization qualified for treatment of waste and scrap; if the violating importer is unidentifiable, the cost incurred in treatment and disposal of scrap associated with violation shall be covered by the state as per the law. The organization in charge of treatment and disposal of scrap associated with violation shall be specified in the penalty decision issued by the People’s Committee of province or the competent person in penalties for administrative violations affiliated to the Ministry of Natural Resources and Environment, accompanied by remedial measures as per the law;

d) If the bond posted on imported scrap is greater than the payment for treatment of imported scrap associated with violation, within 5 working days from receipt of a written document certifying the treatment and disposal of scrap process issued by the authority competent to impose penalty as per the law on penalties for administrative violations in environment protection, the credit institution shall refund the remaining bond to the scrap importer.”

32. Article 58 shall be replaced as follows:

“Article 58. Import of scrap not under the list of scrap permitted to be imported for testing as production materials

1. An entity wishing to import scrap not under list of scrap permitted to be imported for testing as production materials shall send an application to the Ministry of Natural Resources and Environment via national single-window system for consideration. Procedures for initiation, receipt, exchange, response, and giving of processing administrative procedure results in this Clause shall be carried out in accordance with Point a Clause 3 Article 56b hereof.

2. The application for import of scrap for testing includes:

a) An application form using form No. 05 Appendix VI Section III issued herewith;

b) The documents prescribed in Points b, c, d, dd, e, g and Point h Clause 2 Article 56b hereof;

c) A copy of written evaluation of need to use every kind of scrap as local production materials and the use of imported scrap used as production materials of specialized ministry;

d) A copy of analysis result of environmental parameters of the sample of scrap proposed for import for testing registered or recognized by the certification body as per the law or result given by the international testing, appraisal or certification body in accordance with international standards;

dd) International regulations and standards on quality of imported scrap and relevant documents (if any).

3. Within 25 working days after receiving a duly completed application, the Ministry of Natural Resources and Environment shall:

a) Verify the application as prescribed in Clause 1 hereof;

b) Solicit comments of relevant agencies in necessary case; and

c) Inspect the eligibility for environmental protection at the facilities intended to test imported scrap.

4. According to the result prescribed in Clause 3 hereof, if the application is satisfactory, the Ministry of Natural Resources and Environment shall report on kind, quantity, environment protection requirements for imported scrap for testing and testing duration to the Prime Minister.

5. Upon approval of the Prime Minister, the Ministry of Natural Resources and Environment shall issue a Certificate using form No. 04 Appendix VI Section III issued herewith. The Certificate is the basis for the importer to test the imported scrap as production materials. The issuing authority of Certificate shall publish the issued Certificate on its website and send the original of Certificate to:

a) National single-window system;

b) The Ministry of Finance (the General Department of Customs);

c) The environmental protection authority of province where the manufacturer using imported scrap as production materials for testing is located;

d) The holder of Certificate.

6. Regulations on scrap for testing imported from overseas to Vietnam; procedures for inspection and appraisal of quality of imported scrap and customs clearance of imported scrap for testing as production materials shall conform with regulations in Article 55 and Article 60 hereof. The inspection and appraisal of quality of imported scrap for testing as production materials shall be carried out as similarly as Clause 7 hereof.

7. The imported scrap for testing as production materials may not be mixed with the following impurities:

a) Flammable chemicals or substances, explosive substances, hazardous biomedical waste;

b) Weapons, bombs, mines, ammunition, closed containers, gas tanks which have not been disabled or defused overseas or exporting countries to eliminate risks of fire and explosion;

c) Materials containing or contaminated with radioactive substances exceeding the permit limits as prescribed in law on radiation safety and control;

d) Hazardous impurities separated from imported scrap for testing under national technical regulations on hazardous waste threshold levels;

dd) For metal scrap imported for testing as production materials, apart from requirements prescribed in Points a, b, c and d hereof, it must conform to regulations and laws on management of radioactive waste and used radioactive sources.

8. Within 1 year from commissioning date of imported scrap used as production materials, the Ministry of Natural Resources and Environment shall evaluate the eligibility for environment protection of plants and manufacturers using imported scrap for testing. If the testing result shows the eligibility for environment protection, the Ministry of Natural Resources and Environment shall request the Prime Minister to add extra items to the list of scrap permitted to be imported as production materials; if the testing result shows non-eligibility for environment protection, the importer shall be notified and provided with explanation.”

33. Article 59 shall be replaced as follows:

“Article 59. Conformity assessment of technical regulations on environment associated with imported scrap used as production materials

1. Conformity assessment bodies of technical regulations on environment associated with imported scrap used as production materials include:

a) Appointed appraisal bodies as per the law;

b) Accredited foreign appraisal bodies as per the law in case of the case prescribed in Clause 6 Article 60 hereof.

2. The conformity assessment body of technical regulations on environment is entitled to provide services within Vietnam’s territory upon its eligibility as prescribed in Clause 5 Article 25 of the Law on Quality of Products and Goods, Government's Decree No. 74/2018/ND-CP dated May 15, 2018 on amendments to the Government's Decree No. 132/2008/ND-CP dated December 31, 2008, detailing the implementation of a number of articles of the Law on Quality of Products and Goods, the Government's Decree No. 107/2016/ND-CP July 1, 2016 on conditions for provision of conformity assessment services and Government's Decree No. 154/2018/ND-CP dated November 9, 2018 on amendments and annulment of certain regulations on investment and business conditions in state management of the Ministry of Science and Technology and certain regulations on specialized inspection.

3. The Ministry of Natural Resources and Environment shall provide guidelines for conformity assessment practices and certification, accreditation of conformity assessment bodies of technical regulations on environment associated with imported scrap used as production materials as prescribed in this Article.”

34. Article 60 shall be replaced as follows:

"Article 60. Procedures for inspection and appraisal of quality and customs clearance of imported scrap used as production materials

1. The importer of scrap used as production materials shall declare and submit an e-dossier of imported scrap to conduct customs procedures via national single-window system. The dossier of imported scrap includes:

a) A manifest of imported scrap consignment using form No. 06 Appendix VI Section III issued herewith;

b) Documents on imported scrap: copy of contract; list of scrap; copies (certified by e-signature of the importer) of bill of lading, invoice, declaration of imported goods; certificate of quality of exporting country (if any); certificate of origin (if any); photos or description of scrap;

c) A document certifying the bond posted on imported scrap (a scan from the original bearing e-signature of the importer).

2. Responsibilities of the customs authority:

a) Verify the dossier of imported scrap (including quantity, imported scrap quota according to the unexpired Certificate) and allow the importer to bring imported scrap to the storage area for quality inspection chosen by the importer as prescribed in law on environment protection and customs;

b) Conduct physical inspection of the imported scrap consignment as prescribed in law on customs; and do not take samples and conduct quality assessment of imported scrap consignment as prescribed in technical regulations on environment.

3. The appointed appraisal body shall inspect and assess the quality of the imported scrap consignment as per the law. The sampling for assessment and physical inspection of imported scrap consignment of the appointed appraisal body shall be carried out under the control of the customs authority where customs clearance is conducted.

The inspection and assessment of quality of imported scrap shall be carried out in accordance with national technical regulations on environment. The random check rate of imported scrap consignment shall depend on the risk management level as per the law, but not less than 10% of quantity or weight of the consignment. The inspection result shall be recorded in a report using form No. 07 Appendix VI Section III issued herewith.

Upon completion of the inspection, the appointed appraisal body shall issue an assessment certificate of quality of imported scrap consignment using Form No. 08 Appendix VI Section III issued herewith and take legal responsibility for such assessment result. The appraisal body shall send the report on inspection and appraisal of quality of imported scrap and assessment certificate of quality of imported scrap consignment (e-document which is digitally signed or a scan from the original certified by the e-signature of the appraisal body) to the national single-window system and send the originals to the importer.

4. The customs authority shall carry out the customs clearance for the imported scrap consignment as per the law upon receipt of the assessment certificate of quality of imported scrap consignment in accordance with technical regulations on environment.

If the importer makes any claim or shows any sign of violation in import and appraisal of quality of imported scrap consignment, the customs authority shall cooperate with the issuing authority of Certificate and provincial environmental protection authority where the manufacturer using imported scrap is located in soliciting appointed appraisal body to conduct a re-assessment of such imported scrap consignment. The re-assessment certificate of imported scrap consignment is the final legal basis for carrying out customs procedures or imposing penalties for administrative violations as per the law.

The customs authority shall share information about kind, quantity and quality of imported scrap consignments or importers of scrap used as production materials granted the customs clearance with issuing authority of Certificate and the environmental protection authority of province where the manufacturer using imported scrap is located via national single-window system.

5. The issuing authority of Certificate, the provincial environmental protection authority is entitled to carry out surprise inspection of import and use of imported scrap and inspection and appraisal of quality of imported scrap consignment as per the law aside from the annual inspection plan upon detection any sign of violation or at the request of handling of complaints and denunciation or as assigned by the head of competent authority.

If the imported scrap has an assessment certificate not in conformity with technical regulations on environment, customs authority shall take charge and cooperate with the provincial environmental protection authority and the issuing authority of Certificate (if necessary) to consider imposing penalties for administrative violations as per the law.

6. Application of exemption from quality inspection of imported scrap used as production materials

a) If the importer of scrap as production materials meets the following conditions, the importer shall be exempt from quality inspection of imported scrap within the validity period of the Certificate:

- The imported scrap has the same description, type, specifications and origin from a supplier in the exporting country or the imported scrap obtains a quality certification or assessment of a foreign accredited certification body as per the law;

- After 5 consecutive times that imported scrap has obtained assessment certificates of quality of imported scrap consignments in accordance with technical regulations on environment, the Ministry of Natural Resources and Environment shall issue the importer with a certificate of exemption from quality inspection of imported scrap;

b) The entity prescribed in Point a hereof shall send an e-application for exemption from quality inspection of imported scrap to the Ministry of Natural Resources and Environment via national single-window system, including:

- An application form for exemption from quality inspection of imported scrap using form No. 09 Appendix VI Section III issued herewith;

- Assessment certificates of quality of imported scrap in accordance with technical regulations on environment of the last 5 consecutive imports (scans from originals certified by e-signature of the importer).

Procedures for initiation, receipt, exchange, response, and giving of processing administrative procedure results in this Clause shall be carried out in accordance with Point a Clause 3 Article 56b hereof;

c) Within 5 working days after receiving the application, if the application is unsatisfactory, the Ministry of Natural Resources and Environment or the authorized body shall require the importer to complete the application and provide explanation in writing.

Within 15 working days after receiving the satisfactory application, the Ministry of Natural Resources and Environment or the authorized body shall consider granting a certificate of exemption from or reduction in quality inspection of imported scrap using form No. 10 Appendix VI Section III issued herewith. If the application is rejected, the competent certification body shall provide explanation in writing. The certification body shall publish the certificate of exemption from quality inspection of imported scrap on its website and send the original hereof to the national single-window system; the General Department of Customs affiliated to the Ministry of Finance; the environmental protection authority of province where the manufacturer using imported scrap used as production materials and the holder of certificate of exemption from quality inspection;

d) The certificate of exemption from quality inspection of imported scrap is the basis for the customs authority to grant customs clearance to the consignment;

dd) During the exemption period from quality inspection of imported scrap:

- Every 3 months, the importer of scrap used as production materials shall send a report on import enclosed with result whether imported scrap conforms with technical regulations on environment using form No. 12 Appendix VI Section III of Appendix issued herewith to the issuing authority of the Certificate and environmental protection authority of province where the manufacturer is located for monitoring and post-inspection purposes;

- The Ministry of Natural Resources and Environment or the authorized body and environmental protection authority of province where the manufacturer is located has power to carry out surprise inspection of imported scrap upon detection of any violation or any claim on quality of imported scrap;

e) During the exemption period, if the imported scrap used as production materials is found not conformity with technical regulations on environment, or any claim on the conformity assessment is substantiated with credible evidence, or any surprise inspection shows the non-conformity result, the Ministry of Natural Resources and Environment or the authorized body shall give a notice of suspension of exemption.

Any entity committing violations against regulations on environment protection in import of scrap used as production materials shall incur a penalty as per the law and be not eligible for exemption from inspection for 1 year from the date on which the entity finishes abiding by the penalty decision.”

35. Article 61 shall be amended as follows:

“Article 61. Responsibilities of ministries or ministerial-level agencies

1. Responsibilities of Ministry of Natural Resources and Environment

a) Take charge and cooperate with relevant agencies in implementing this Decree; inspect and take actions against violations in import activities and use of imported scrap used as production materials as per the law;

b) Request the Prime Minister to consider approving import of scrap for testing and deciding amendments to list of scrap permitted to be imported from overseas to use as production materials;

c) Publish the following on the website of the Ministry of Natural Resources and Environment and its affiliated entities: the list of certified conformity assessment bodies, the list of registered or recognized certification bodies and the list of appointed certification or appraisal bodies to conduct conformity assessment of technical regulations on environment related to imported scrap; the list of entities that are issued or reissued with certificates of eligibility for environmental protection in import of scrap used as production materials or have these certificates revoked; the list of importers of scrap who commit violations against regulations on environment protection;

d) Formulate and promulgate national technical regulations on environment associated with imported scrap used as production materials in accordance with this Decree; provide guidance on regulations which are referred to in this Decree and upon amendments or replacement of these regulations.

2. Responsibilities of the Ministry of Science and Technology:

a) Publish on the website of the Ministry the list of conformity assessment bodies which are issued with certificates of conformity assessment registration by the Ministry of Science and Technology as per the law on business requirements for conformity assessment;

b) Appraise national technical regulations on environment, imported scrap as per the law;

c) Cooperate with the Ministry of Natural Resources and Environment in inspecting and taking actions against violations (if any) committed by entities involved in import of scrap as per the law.

3. Responsibilities of the Ministry of Finance:

a) Direct the General Department of Customs to guide shipping lines, shipping agents and relevant agencies to, upon preparation of E-Manifest concerning imported scrap, declare sufficient information and provide documents as prescribed in this Decree. Update the consolidated report on import of scrap used as production materials of importers to national single-window system by type, quantity, unused import quota, scrap quality, etc. after granting customs clearance to each imported scrap consignment;

b) Promptly discover and cooperate with the Ministry of Natural Resources and Environment and relevant ministries in preventing import of scrap not conformity with environmental protection requirements to Vietnam’s territory; guide and direct customs authorities to treat and dispose of imported scrap associated with violations of environment protection within their competence; take actions against violations of environment protection in import of scrap within their competence and scope of management;

c) Cooperate with the Ministry of Natural Resources and Environment and People’s Committees of provinces in guiding, inspecting and taking actions as per the law against importers which import scrap paper and plastic for pre-processing and resale or manufacture of commercial recycled pulp, commercial recycled plastic against this Decree.

4. Responsibilities of the Ministry of Industry and Trade:

b) Promulgate the list of scrap and waste suspended from temporary import for re-export or merchanting trade as per the law;

b) Take charge and cooperate with the Ministry of Natural Resources and Environment in evaluating need for use of local scrap as production materials and import of scrap from overseas as the basis for amendments to the list of scrap permitted to be imported from overseas through development stages of the country;

c) Cooperate with the Ministry of Natural Resources and Environment and relevant ministries in inspecting and taking actions against violations of environment protection in import and use of imported scrap as per the law.

5. The Ministry of Transport, the Ministry of Public Security, the Ministry of National Defense and relevant ministries shall, based on their assigned functions and duties, cooperate with the Ministry of Finance, the Ministry of Natural Resources and Environment in implementing this Decree.”

36. Article 62 shall be amended as follows:

“Article 62. Responsibilities of the People’s Committee of province

1. The People’s Committee of province where the plant or manufacturer using scrap as production materials is located shall:

a) Inspect the compliance with laws and regulations on environment protection of importers of scrap used as production materials in the province;

b) Promulgate regulations on interdisciplinary cooperation in import of scrap used as production materials in the province in necessary cases;

c) Send a report on management of import and use of imported scrap used as production materials in the province using form No. 11 Appendix VI Section III issued herewith to the Ministry of Natural Resources and Environment before March 1 of the following year.

2. The People’s Committee of province where the import checkpoint is based shall cooperate with the People’s Committee of province where the manufacturer using imported scrap is located and the customs authority of checkpoint shall take actions against the imported scrap consignment associated with violations of environment protection as per the law.”

37. Article 63 shall be amended as follows:

“Article 63. Responsibilities of importers of scrap

1. Comply with regulations on environment protection in import of scrap.

2. An importer of scrap to use as production materials must:

a) Import scrap with permitted type and quantity specified in the Certificate;

b) Use all of imported scrap used as production materials to manufacture products and goods at their facilities as prescribed in this Decree;

c) Determine and classify waste generated from the use of imported scrap to plan the appropriate waste treatment;

d) Annually, before January 31 of the subsequent year, the importer of scrap used as production materials shall send an annual report on import and use of imported scrap and related environmental issues, using form No. 12 Appendix VI Section III issued herewith, to the Department of Natural Resources and Environment where the manufacturer is located for consolidation; and to the issuing authority of certificate of eligibility for environment protection in import of scrap used as production materials.

3. An importer of scrap for testing as production materials must:

a) Import scrap with permitted type and quantity for testing specified in the Certificate;

b) Use all of quantity and volume of imported scrap for testing as production materials at their facilities;

c) Determine and classify waste generated from the use of imported scrap to plan the appropriate waste treatment;

d) Send a report on import and use of scrap for testing as production materials, using for No. 13 Appendix VI Section III issued herewith, to the Ministry of Natural Resources and Environment.

4. Take legal responsibility for import and use of imported scrap used as production materials; cooperate with industry associations in conduct environmental protection activities as prescribed; pay all costs incurred in treatment or disposal of imported scrap associated with violations as prescribed in this Decree.”

38. Article 63a shall be added as follows:

"Article 63a. Regulations on destruction of temporarily imported automobiles, motorcycles, mopeds of owners that enjoy diplomatic immunity and privileges in Vietnam (hereinafter referred to as destruction of vehicles under diplomatic immunity and privileges)

1. The owner who wishes to destroy a vehicle under diplomatic immunity and privileges must enter into an agreement with a licensed hazardous waste treatment facility as per the law.

2. The mentioned owner shall send a request for supervision of vehicle destruction, using form No. 01 Appendix VII Section III issued herewith, to the customs authority and Department of Natural Resources and Environment of province where the hazardous waste treatment facility is based 10 working days before the supervision is carried out.

3. The supervising authorities of destruction of vehicles under diplomatic immunity and privileges include: representatives of Department of Natural Resources and Environment of province where the hazardous waste treatment facility is based and the customs authority which issued the permit to temporarily import the vehicles under diplomatic immunity and privileges.

4. The process of destruction of a vehicle under diplomatic immunity and privileges comprises destruction of chassis number and engine number, disassembly of the vehicle to separate pieces of waste for discrete treatment purposes (including recycling, co-treatment and energy recovery from the waste). The supervising authorities shall witness the entire process, from cutting of engines (including engine number) to disassembly of chassis (including chassis number) until the engines and chassis cannot be used for its original purpose.

5. Upon completion of the vehicle destruction process prescribed in Clause 4 hereof, the supervising authorities and the owner shall make a report on destruction of vehicles under diplomatic immunity and privileges using form No. 02 Appendix VII Section III issued herewith. The report on destruction of vehicles under diplomatic immunity and privileges is the basis for the customs authority to finalize the document on temporary import of motor vehicles, mopeds as prescribed in regulations on temporary import, re-export, destruction and transfer of motor vehicles, two-wheeled vehicles of entities enjoying diplomatic immunity and privileges in Vietnam.

6. The hazardous waste treatment facility shall continue to destruct the vehicle under diplomatic immunity and privileges and include it in the annual report on management of hazardous waste as prescribed.”

39. Article 64 shall be amended as follows:

“Article 64. Transitional provision

1. An entity that is issued with a register book of hazardous waste generator before effective date of this Decree may keep using it.

2. An entity that is issued with a license for hazardous waste management, license for hazardous waste treatment before effective date of this Decree may keep using it until the expiry date of the license. If the license for hazardous waste treatment remains valid for under 12 months from effective date of this Decree and the entity not meeting requirements prescribed in Clause 1 Article 9 of this Decree, the license for hazardous waste treatment shall be renewed or reissued with further 1-year validity period from the expiry date; after this period, the concerned entity shall renovate and upgrade waste treatment works and improve technology more environmentally friendly and comply with this Decree to enable the license for hazardous waste treatment to be issued.

3. Treatment facilities of domestic solid waste or conventional industrial solid waste whose EIA reports were approved must submit applications for inspection and certification of completion of environment protection works instead of procedures for inspection and certification of environmental protection conformity.

4. Any entity directly using imported scrap used as production materials that is issued with the certificate before effective date of this Decree may keep import scrap until the expiry date of the certificate. If the certificate expires or remains valid for under 12 months or the facility submits an application for certificate before effective date of this Decree but fails to provide required additional documents as prescribed in Point b Clause 2 Article 55 of this Decree, the certificate shall be renewed or reissued with further 1-year validity period from the expiry date or a new certificate shall be issued with 1-year validity period. After this period of time, the entity must renovate, upgrade waste treatment works and improve technology more environmentally friendly and comply with this Decree to enable the certificate to be issued as prescribed. The certificate granted to a trustee of scrap import shall expires on effective date of this Decree.

5. Regulations on periodic environmental monitoring in this Decree shall apply from January 1, 2020.”

Article 4. Amendments to certain articles of Government's Decree No. 127/2014/ND-CP dated December 31,2 014 on conditions pertaining to environmental monitoring services providers

1. Clause 4 shall be added to Article 8 as follows:

“4. Obtain a certificate of testing registration in conformity with environment sector issued by the competent authority as prescribed in the Government's Decree No. 107/2016/ND-CP dated July 1, 2016 on business requirements for conformity assessment services.”

2. Clause 4 shall be added to Article 9 as follows:

“4. Obtain a certificate of testing registration in conformity with environment sector issued by the competent authority as prescribed in the Government's Decree No. 107/2016/ND-CP dated July 1, 2016 on business requirements for conformity assessment services.”

3. Article 10 shall be amended as follows:

“Article 10. Changes to conditions for environmental monitoring services

1. Before changing any condition prescribed in Clause 2 and Clause 3 Article 8, Clause 2 and Clause 3 Article 9 hereof, the entity shall send a written notice to the Ministry of Natural Resources and Environment.

2. Within 15 working days after receiving the notice, if the Ministry of Natural Resources and Environment disagrees with this notice, it shall provide explanation in writing.”

4. Section IV, Part A form No. 2 of Appendix shall be amended as follows:

“Add the following phrase to the 4^th paragraph of Section IV “hoặc bản sao được cấp từ sổ gốc hoặc bản sao kèm bản chính để đối chiếu” (or a copy extracted from the master register or a copy enclosed with the original for comparison):

“IV. Contact person

Address: ...............................................................................................................................

Phone number: ……………………………………… Fax number: ........................................

Email address: .....................................................................................................................

An original or certified true copy or copy extracted from the master register or certified copy or copy enclosed with the original for comparison of the decision on functions and duties of organization issued by the competent authority or business registration certificate or investment certificate; or decision on establishment of representative office or branch in Vietnam in case of a foreign enterprise (if the application is submitted in person).”

5. Point 2 Section I Part B form No. 2 of Appendix shall be amended as follows:

“Add the following phrase to 6^th paragraph of Point 2 Section I Part B, form No. 02 “hoặc bản sao có công chứng hoặc bản sao được cấp từ sổ gốc hoặc bản sao kèm bản chính để đối chiếu” (or a certified copy or copy extracted from master register or copy enclosed with the original for comparison):

“2. Personnel

List of persons in charge of monitoring at site:

No.	Full name	Year of birth	Gender	Position (in the organization)	Qualifications	Years of experience
1
…

“(Bản chính hoặc bản sao có chứng thực hoặc bản sao có công chứng hoặc bản sao được cấp từ sổ gốc hoặc bản sao kèm bản chính để đối chiếu các văn bằng, chứng chỉ và hợp đồng lao động hoặc quyết định tuyển dụng kèm theo).” (Originals or certified copies or notarized copies or copies extracted from master register or copies enclosed with the originals of degrees, diplomas and employment contract or hiring decision enclosed).

6. Point 2 Section II Part B form No. 2 of Appendix shall be amended as follows:

Add the following phrase to 7^th paragraph of Point 2 Section II Part B, form No. 02 “hoặc bản sao có công chứng hoặc bản sao được cấp từ sổ gốc hoặc bản sao kèm bản chính để đối chiếu” (or a certified copy or copy extracted from master register or copy enclosed with the original for comparison):

“2. Personnel

List of persons in charge of analysis at laboratories:

No.	Full name	Year of birth	Gender	Position	Qualifications	Years of experience
1
…

“(Bản chính hoặc bản sao có chứng thực hoặc bản sao có công chứng hoặc bản sao được cấp từ sổ gốc hoặc bản sao kèm bản chính để đối chiếu các văn bằng, chứng chỉ và hợp đồng lao động hoặc quyết định tuyển dụng kèm theo).” (Originals or certified copies or notarized copies or copies extracted from master register or copies enclosed with the originals of degrees, diplomas and employment contract or hiring decision enclosed).

7. The phrase “Không khí môi trường lao động” (workplace exposure) in Appendix: 2^nd dash Point b Section 6 form No. 1; 2^nd dash Point b Section 8 form No. 4; 2^nd plus, 2^nd dash Point b Section 6 of form No. 5.

Article 5. Transitional provision

1. Any application which is received before effective date of this Decree (except for transitional provisions prescribed in Article 22 of Government’s Decree No. 18/2015/ND-CP and Article 64 of Decree No. 38/2015/ND-CP) shall be further processed in accordance with relevant Decrees at the receipt time, unless the applicant requests the application of this Decree.

2. Periodic reports of project or facility owners and industrial parks on: periodic environmental monitoring and supervision, automatic and continuous monitoring, management of domestic solid waste, management of conventional industrial solid waste, management of hazardous waste, management of imported scrap, environmental supervision and remediation result in mineral extraction, environmental monitoring services and other reports shall be consolidated in one single report on environment protection practices. The Ministry of Natural Resources and Environment shall provide guidelines for implementation of this regulation.

Article 6. Entry in force

1. This Decree shall comes into force as of July 1, 2019.

2. This Decree shall repeal: Article 11 of Government’s Decree No. 18/2015/ND-CP dated February 14, 2015 on environment protection planning, strategic environment assessment, environmental impact assessment, environmental protection plan; Article 26, Article 27, Article 28, Article 29, Article 30, Article 34, Article 35, Article 36 and Clauses 3, 4, 5 and 6 Article 55 and Appendix V of Decree No. 19/2015/ND-CP dated February 14, 2015 on guidelines for the Law on Environment Protection; Clause 5 and Clause 9 Article 9, Point a and Point b Clause 1 Article 27, Article 38, Article 41, Point b Clause 1 Article 43, Clause 3 Article 44 of Government's Decree No. 38/2015/ND-CP dated April 24, 2015 on management of waste and scrap.

Article 7. Implementation

1. Ministries, ministerial-level agencies, Governmental agencies, the People’s Committees of provinces shall provide guidance on articles and clauses referred in this Decree and review promulgated documents to amend or replace in accordance with this Decree.

2. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, The Presidents of the People’s Committees and relevant entities shall take responsibility for implementation of this Decree./.

 

ON BEHALF OF THE GOVERNMENT PRIME MINISTER Nguyen Xuan Phuc

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