Chương IV Thông tư 02/2022/TT-BTNMT: Quản lý chất thải, phế liệu nhập khẩu và kiểm soát các chất ô nhiễm

Chapter IV

WASTE, IMPORTED SCRAP MANAGEMENT AND POLLUTANT CONTROL

Section 1. GENERAL PROVISIONS FOR WASTE MANAGEMENT

Article 24. List of hazardous wastes, industrial wastes subject to control and ordinary industrial solid wastes

1. The list of wastes shall include hazardous waste, industrial waste subject to control, ordinary industrial solid waste and waste code specified in Form No. 01, Appendix III issued together with this Circular.

2. The waste classification shall be carried out according to the list of wastes specified in Clause 1 of this Article. The identification of whether an industrial waste is hazardous waste or ordinary industrial solid waste shall comply with environmental technical regulations on hazardous waste thresholds. The industrial waste subject to control without identification shall be managed as hazardous waste. In case of the certain properties and hazardous components without technical regulations, the national standards in environmental protection of one of the developed countries shall be applied to these properties and hazardous components.

3. The ordinary industrial solid waste shall be collected, classified, selected for reuse, direct use as raw materials and fuels for the purpose of production activities (symbol: TT-R) according to the list of wastes specified in Clause 1 of this Article.

Article 25. Unit of weight of waste

1. The weight of hazardous waste, ordinary industrial solid waste in dossiers, licenses, reports, documents, delivery records and other written papers specified in this Circular shall be expressed as kilogram (abbreviated to “kg”).

2. The weight of domestic solid waste in dossiers, license, reports, delivery records and other written papers specified in this Circular shall be expressed as tonne.

Section 2. DOMESTIC SOLID WASTE MANAGEMENT

Article 26. Technical requirements for environmental protection applied to domestic solid waste aggregation site and transfer station

1. Domestic solid waste aggregation site:

a) The waste aggregation site shall be arranged to ensure the effective connection between the collection, transport and treatment; the collecting scope at households, organizations and individuals and the environmental safety distance according to regulations of QCVN 01:2021/BXD - National technical regulation on construction planning issued together with Circular No. 01/2021/TT-BXD dated May 19, 2021 of the Minister of Construction on National Technical Regulations on construction planning and other relevant legal regulations;

b) The waste aggregation site shall have a waste storage equipment with a capacity suitable for the storage time to ensure that there is no leakage in the environment; ensure clean and spray of deodorant after the end of operation. In case, the waste aggregation site operates from 18:00 P.M to 06:00 A.M of the next day, the waste aggregation shall have lights;

c) The owner of the investment project, the owners and management board of new urban areas, apartment buildings and office buildings shall arrange appropriate domestic solid waste aggregation sites throughout the design, construction and operation process to meet the requirements for the domestic solid waste disposal of all people who live in that new urban areas, apartment buildings or office buildings;

d) The owners of production, trade and service establishments may arrange aggregation sites according to regulations of Point b of this Clause or may store domestic solid waste in waste storage equipment;

dd) The People's Committee of province shall direct the People's Committee of district to take charge and cooperate with domestic solid waste collection and transport units in identification of the location, time of aggregation, operation time and scale to receive domestic solid waste at appropriate aggregation site; ensure traffic safety and minimize activities during peak hours.

2. Domestic solid waste transfer station:

a) The domestic solid waste transfer station shall comply with regulations of QCVN 01:2021/BXD - National technical regulation on construction planning and other relevant legal regulations;

b) The new fixed transfer stations in urban areas of class-1 urban and special urban shall use modern, suitable and automatic technology according to the conditions of each local area;

c) Semi-underground, underground transfer stations or burial of certain urban construction items shall be encouraged in order to save land use area, provided their designs ensure urban aesthetics and produce no pollution;

d) The domestic solid waste transfer station shall be synchronously connected to with local solid waste collection and transport system

dd) The domestic solid waste transfer station shall have a storage area that is capable of storing domestic solid waste at source, bulky solid waste, collection and transport equipment and hazardous waste after classification of domestic solid waste according to regulations of the People's Committee of province;

e) Transfer stations in urban areas shall have a waste receiving area with enough area for vehicles to stop and wait for waste disposal; ensure the closure for the purpose of minimization of the spread of pollution, odor and penetration of insects;

g) Transfer stations shall have weighing system and equipment; clean and deodorant spray systems of waste-carrying vehicles entering and leaving the transfer station; camera system; system and software for the purpose of monitoring and updating the weight of domestic solid waste and waste-carrying vehicles entering and leaving the transfer station;

h) The People's Committee shall identify the location, operation time and scale of receipt of domestic solid waste at the transfer station.

Article 27. Technical requirements for environmental protection applied to domestic solid waste-carrying vehicles

1. The domestic solid waste-carrying vehicles shall meet the requirements for technical safety and environmental protection in accordance with the regulations of the Transfer Law. The compactor truck shall have sewage tank.

2. The domestic solid waste-carrying vehicles shall ensure that there is no drop of domestic solid waste, leakage or odor emission throughout transport process; clean, spray of deodorant before leaving ​​the transfer station, treatment establishment and after completing domestic solid waste-carrying.

3. The domestic solid waste-carrying vehicles from households and individuals to aggregation site and transfer station shall ensure that there is no leakage and drop of domestic solid waste into the environment throughout operation process.

4. The domestic solid waste storage equipment shall be fixed or detachable equipment that are installed into the waste-carrying vehicles and safe equipment that are undamaged, unbroken and does not absorb, leak and release waste, odor into environment.

5. The application of advanced and environmental friendly models, technology and technical solutions and the promotion of application of information technology to the management of domestic solid waste- carrying activities shall comply with regulations of the People's Committee of province.

Article 28. Domestic solid waste treatment technology criteria

1. Technology:

a) Be capable of receiving and classifying waste, flexibly treating odors, sewage, exhaust gas in combination with other technology for the purpose of treating different types of solid waste; capacity expansion, energy recovery, secondary waste treatment; appropriate level of treatment scale;

b) Degree of automation, domestic value equipment lines; treatment, reuse, recycling and burial rate of domestic solid waste; advanced degree of processing technology; durability of equipment and technological lines; origin of equipment; the uniformity of equipment in the technological lines, the ability to use and replace domestic components and spare parts, the domestic value of the technology and equipment system;

c) Priorize technology that has been successfully applied, meets environmental technical standards and regulations on equipment for waste treatment and recycling and is suitable for Vietnam's conditions, evaluated and appraised by competent authorities according to regulations of the Law on Science and Technology, the Law on Technology Transfer. Priorize technology that belongs to the list of technology encouraged to be transferred in accordance with the Law on Technology Transfer.

2. Environment and society:

a) Comply with environmental technical standards and regulations;

b) Save land use area;

c) Save energy, be capable of energy recovery throughout treatment process;

d) Be capable of training local resources participating in equipment management, operation, maintenance and equipment maintenance.

3. Economy:

a) The treatment costs shall be suitable for the ability to pay cost of local authority or not be exceeded the treatment costs announced by the competent authority;

b) Market potential of the products from waste recycling activities;

c) Potential and economic value brought from the reuse of waste, energy and useful products created after treatment;

d) Market demand; product quality standard applied after treatment;

dd) The appropriateness in the cost of construction and installation of equipment; operating cost; maintenance and repair costs.

Article 29. Service charge for collection, transport and treatment of domestic solid waste

1. Service charge for collection, transport and treatment of domestic solid waste:

a) Service charge applied to organizations and individuals generating domestic solid waste shall be charge that the households, individuals, agencies, organizations, production, trade and service establishments, the investors of the infrastructure construction and business of concentrated production, trade, service zones and industrial clusters according to regulations of Clauses 1, 3 and 4, Article 79 of the Law on Environmental Protection shall pay for collection, transport and treatment of domestic solid waste.

b) Service charge applied to investors and establishments that carry and treat domestic solid waste shall be charge paid by the People's Committee of authorities for selected investors and establishments according to regulations of Clause 1, Article 77, Clause 2, Article 78 of the Law on Environmental Protection and Article 59 of Decree No. 08/2022/ND-CP to provide services of collection, transport and treatment of domestic solid waste.

2. The principles of service charge applied to organizations and individuals generating domestic solid waste shall be specified as follows:

a) Service charge for collection, transport and treatment of domestic solid waste generated from households, individuals and subjects specified in Clause 1, Article 58 of Decree No. 08/2022/ND-CP shall be calculated on the principles of compensation from local budgets;

b) Service charge for collection, transport and treatment of domestic solid waste generated from agencies, organizations, production, trade and service establishments, the investors of the infrastructure construction and business of concentrated production, trade, service zones, industrial clusters specified in Clause 2, Article 58 of Decree No. 08/2022/ND-CP shall be calculated on the principle of correct calculation and sufficient cost for collection, transport and treatment.

3. The investors and domestic solid waste treatment service providers shall be responsible for formulation and submission of the plans for service charges for the purpose of appraisal and approval specified at Point b, Clause 1 of this Article in accordance with the Law on Charge.

Article 30. Form of collection of service charge for collection, transport and treatment of domestic solid waste according to weight or volume of waste

1. The People's Committee of province shall decide the form of collection of service charge for collection, transport and treatment of domestic solid waste according to weight or volume of waste according to one of the following elements:

a) Selling price of packaging containing domestic solid waste Selling price of packaging shall include the packaging production cost and the service charge for collection, transport and treatment of domestic solid waste;

b) Volume of equipment containing domestic solid waste;

c) Determination of the weight of domestic solid waste (applied to agencies and organizations) or other forms according to regulations of the People's Committee of province.

2. Technical requirements for packaging containing domestic solid waste specified at Point a, Clause 1 of this Article:

a) The packaging shall have different specifications, designs, specific sizes, volume according to regulations of the People's Committee of province in order to easily distinguish from other types of usual packaging. Each type of packaging containing domestic solid waste may have different volume corresponding to each different selling price;

b) Packaging containing different types of domestic solid waste shall have different colors (green packaging applied to food waste, yellow packaging applied to other domestic solid waste).If necessary, the People's Committee of province may prescribe other colors to ensure uniformity and synchronization in province;

c) The waste packaging materials shall be suitable for local waste treatment technology. Encourage the use of biodegradable packaging materials;

d) Packaging containing food waste or food waste and other wastes shall ensure that there are no leakage and odor emission;

dd) In case, the local authority prescribes that domestic solid waste must be classified into many different categories according to regulations of Point c, Clause 1, Article 75 of the Law on Environmental Protection, the materials of packaging containing domestic solid waste shall be transparent materials in order to see the type of waste inside. In case, the local authority only prescribes classification of waste into recyclable solid waste and other domestic solid waste, this regulation shall not apply to packaging;

e) Packaging containing domestic solid waste shall have easy-to-tie and easy-to-open designs in order to ensure that there is no drop of domestic solid waste and ensure convenient inspection;

g) Reuseable and recyclable solid waste shall be stored in usual packaging that has adequate capacity and causes no pollution.

3. Collection of service charge through packaging specified in Point a, Clause 1 of this Article shall be carried out as follows:

a) The People's Committee of province shall select domestic solid waste packaging production and distribution establishments in form of bidding in accordance with the Law on Bidding. In case, the People's Committee of province cannot select an establishment through bidding, the selection shall be done in the form of placing orders or assigning tasks according to regulations of law. The solid waste packaging production and distribution establishments shall be specialized establishments or domestic solid waste collection, transport and treatment establishments;

b) The domestic solid waste packaging distribution establishments shall distribute packaging in form of sale; distribute to households and individuals with the quantity of packaging according to a certain monthly norm or other appropriate forms.

Article 31. Valuation method for domestic solid waste treatment services applied to investors and service providers of domestic solid waste treatment

1. Service charge for treatment of domestic solid waste shall be calculated according to the following formula:

G_{XLCTR =} Z_{TB + (}Z_{TB * P)}

In which:

- G_XLCTR: service charge for treatment of 01 tonne of domestic solid waste that does not include value added tax (VAT). Unit: dong

- Z_TB: total cost of treatment of 01 tonne of domestic solid waste. Unit: dong

- P is the profit rate (%) of the project or the average of medium-term interest rates of 03 commercial banks in Vietnam.

2. The total cost of treatment of 01 tonne of domestic solid waste (Ztb) shall be calculated according to the following formula:

In which:

- Z_TB: total cost of treatment of 01 tonne of domestic solid waste Unit: dong

- C_T: the total reasonable and valid costs for the purpose of performing domestic solid waste treatment services (Unit: VND), including: direct material costs; direct labor costs; direct machine and equipment costs; general production costs and enterprise management costs. The above costs are specified in Clauses 3, 4, 5, 6 and 7 of this Article;

- Z_th: the revenue from the sale of products that are recovered after domestic solid waste treatment. Unit: dong

- Q: the total weight of domestic solid waste transferred to the treatment establishments for the purpose of treatment. Unit: tonne

3. Direct material cost (C_VT) shall include the cost of direct materials that are used in the domestic solid waste treatment process and equal to the total weight of each type of private material multiplied by respective unit price of materials, in which:

a) The weight of each type of material shall be determined according to regulations, standards and consumption rate of domestic solid waste treatment promulgated or announced by competent state agency. In case there is no consumption rate promulgated or announced by a competent state agency, the unit making the price plan shall reasonably determinate consumption rate as a basis for determination of material cost when making plan for service charge for domestic solid waste treatment;

b) The material price is the price payable by the waste treatment facility in accordance with the market price determined according to the announced price or the invoice specified in Law at the time of making the plan. The manufactured products subject to value-added tax calculated according to the credit-invoice method, the material price shall not include value-added tax. The manufactured products that are not subject to value-added tax or subject to value-added tax calculated according to the direct method, the material price shall include value-added tax.

4. The direct labor cost (CNC) includes the monetary costs that a domestic solid waste treatment facility must pay for a direct worker (salary, wage and salary-like allowances, social insurance, health insurance, unemployment insurance, trade union fee) and other costs for a worker who directly treats domestic solid waste. In which:

a) The wage and salary shall be equal to the quantity of working days according to labor norm of a worker who directly treats waste promulgated or announced by the competent authority multiplied by respective unit price per working day. The unit cost per working day of a worker who directly treats domestic solid waste treatment shall be determined according to regulations of competent state agency. In case, there is no labor norm promulgated or announced by a competent state agency, the unit making the price plan shall reasonably determine labor norm as a basis for the labor cost when making plans for service charges for treatment of domestic solid waste;

b) The cost for social insurance, health insurance, unemployment insurance, trade union fee and other costs of a worker who directly treats domestic solid waste shall comply with applicable regulations of law (including the cost paid by the worker and enterprise).

5. Direct machine and equipment cost (C_CM) shall be total costs regarding the price of machine and equipment, management, use and depreciation of the machine and equipment according to regulations of law; method of determining the machine and equipment cost per shift according to the regulations of law. In case of determining the machine and equipment cost, the identification of the depreciation time of the machine and equipment in accordance with the characteristics of the working conditions of the machine and equipment shall be carried out.

6. The general production cost includes indirect production costs (except for direct materials costs; direct labor costs; direct machine and equipment costs) incurred at the domestic solid waste treatment facility, including: equipment maintenance and repair; fixed asset depreciation and repair (except for direct machine and equipment); cost of materials, tools and equipment that are used in a production plant; wage and salary-like allowances; deduction for social insurance, health insurance, unemployment insurance and trade union fee of an official and a worker of the production plant (including the cost paid by the worker and enterprise); cost of environmental inspection and monitoring; production premises rent (if any); cost of external services and other monetary cost in the cost according to regulations of law, specifically:

a) The material and labor costs of general production cost are direct material and labor costs specified in Clauses 3 and 4 of this Article;

b) Depreciation and repair costs of fixed assets in general production cost are costs specified in the Law on management, use and depreciation of fixed assets.

7. Enterprise management cost includes costs of the management and administration apparatus of the enterprise and other costs of the enterprise according to regulations of Law.

Article 32. Closure of domestic solid waste landfill after the end of operation

1. Closure of hygienic domestic solid waste landfill shall be carried out according to one of the following cases:

a) The domestic solid waste landfill shall have the maximum capacity according to the receiving capacity approved by the competent authority;

b) The owner of waste treatment facility shall be unable to continue to transport and operate the domestic solid waste landfill;

c) If the owner of waste treatment facility wants to close the landfill, he/she shall report the state management agency in charge of environmental protection in province area;

d) The closure of domestic solid waste landfills shall be carried out according to requests of competent state agency

2. Before closing the landfill, the owner of waste treatment facility shall send a notification to the provincial environmental protection authority about the closing time of the landfill for the purpose of supervision.

3. Process of closing a domestic solid waste landfill:

a) A domestic solid waste landfill shall have a top layer of soil with clay content, layer of HDPE plastic or equivalent material that is greater than 30% to ensure humidity and be carefully compacted with a thickness that is at least 60 cm. A landfill shall have the slope from the foot to the top of the landfill that increases gradually from 3% to 5%, always ensure good drainage and no landslide and subsidence. The landfill shall be covered with the soil buffer with a common composition that is sand from 50 cm to 60 cm thick and the planting soil layer (surface soil) from 20 cm to 30 cm thick; have grass and trees;

b) A domestic solid waste landfill shall have many burial cells that may close each domestic solid waste burial cell according to the order specified at Point a of this Clause;

c) After closing the domestic solid waste landfill, the owner of waste treatment facility shall be responsible for making a report on the status of the landfill and sending this report to a environmental protection agency of province. The report on the status of the landfill shall include the contents specified at point d of this Clause;

d) The main contents of the report on the status of a landfill shall include the operational status, efficiency and operability of all works in the landfill including waterproofing system, sewage collection and treatment system, exhaust gas collection system and other environmental protection works (if any) in accordance with law; the results of monitoring of groundwater, the quality of wastewater and exhaust gas discharged and released into the environment of the landfill; reports on environmental remediation, landscape improvement and measures for environmental pollution prevention in the following years; a topographic map of the landfill after the closure of the domestic solid waste landfill;

dd) The owner of a waste treatment facility shall be responsible for collecting and treating wastewater and exhaust gas discharged and released into the environment of domestic solid waste landfills after the closure of the landfills according to regulations.

4. The closure of the domestic solid waste landfill shall meet the following requirements:

a) Requirements specified at Point a, Clause 3 of this Article;

b) Wastewater and exhaust gas discharged and released into the environment of a landfill shall meet environmental technical standards

5. After the closure of the domestic solid waste landfill, people and animals shall be not allowed to freely enter and exit, especially the gas area. The landfill shall have signs, safety instructions.

6. Transfer the site to a competent state agency after the closure of the domestic solid waste landfill shall comply with regulations of Point c, Clause 2, Article 80 of the Law on Environmental Protection.

7. Before reusing a domestic solid waste landfill, the owner of an investment project shall:

a) Monitor environmental changes at the time of monitoring; assess relevant environmental factors; closely check the gas remediation boreholes, only resue the landfill in case the gas concentration is less than 5%;

b) Make a topographic map of the waste landfill area;

c) Continue to treat sewage, exhaust gas (if any) according to regulations while waiting for reuse of domestic solid waste landfill.

8. The measures for cost calculation and estimate for environmental improvement and remediation in the landfill shall comply with regulations of Form No. 02, Appendix II issued together with this Circular.

Section 3. ORDINARY INDUSTRIAL SOLID WASTE MANAGEMENT

Article 33. Technical requirements for environmental protection applied to ordinary industrial solid waste storage

1. Ordinary industrial solid waste storage equipment and tools shall meet the following requirements:

a) The equipment and tools shall ensure the safe storage of hazardous waste without damage or tear;

b)The soft packaging shall be sealed. The hard packaging shall have a tight-fitting lid for the purpose of preventing from leaking and dropping sewage into the environment;

c) An equipment or a tool shall have hard structure that is capable of withstanding impact, not damaged, deformed, torn due to the weight of waste throughout the process of use.

2. Ordinary industrial solid waste shall be directly stored in warehouses or waste storage areas that meet regulations of Clauses 3 and 4 of this Article or equipment and tools that meet regulations of Clause 1 of this Article.

3. An indoor ordinary industrial solid waste warehouse or storage area shall have:

a) Elevated floor to avoid flood;

b) A floor that is sealed, not cracked and penetrated and able to prevent overflowing rainwater from the outside;

c) A rain cover for the entire storage area;

d) The warehouse shall meet technical construction standards and regulations of Law.

4. An outdoor ordinary industrial solid waste warehouse or storage area shall have:

a) An embankment and a system for collecting and treating rainwater overflowed and wastewater generated throughout the storage of ordinary industrial solid waste that ensure environmental technical regulations;

b) Elevation of the floor that ensures no flood; a floor which is sealed, not cracked and penetrated with durability that is capable of withstanding the load of the means of transport and the weight of ordinary industrial solid waste.

c) A tool that ensures minimization of dust generated from ordinary industrial solid waste storage area (waste that generate dust).

Article 34. Technical requirements for environmental protection applied to ordinary industrial solid waste-carrying vehicles and the minutes of the handover of ordinary industrial solid waste.

1. The ordinary industrial solid waste-carrying vehicles shall meet the requirements for technical safety and environmental protection in accordance with the regulations of the Transport Law

2. Ordinary industrial solid waste shall be directly stored in waste storage equipment or transport vehicles The ordinary industrial solid waste storage equipment shall be fixed or detachable equipment that are installed into the waste-carrying vehicles and meet requirements specified Clause 1, Article 33 of this Circular.

3. The ordinary industrial solid waste-carrying vehicles shall ensure that there is no drop of waste, odor and dust emission throughout transport process.

4. The tarpaulin truck shall be covered with tarpaulins to avoid the sun and rain throughout the process of collecting, storing and transporting ordinary industrial solid waste.

5. The ordinary industrial solid waste-carrying vehicles shall have a phrase"VẬN CHUYỂN CHẤT THẢI" on both sides of the vehicles with a height of at least 15 cm and the name, address and contact phone of the facility.

6. The minutes of handover of ordinary industrial solid waste shall comply with regulations of Form No. 03, Appendix III issued with this Circular.

Section 4. HAZARDOUS WASTE MANAGEMENT

Article 35. Hazardous waste declaration, classification, collection and storage by hazardous waste source owner and hazardous waste manifest

1. The hazardous waste source owner shall declare the weight and type of hazardous waste generated (if any) in the application for granting an environmental license according to regulations of Article 28 of Decree No. 08/2022/ND- CP or environmental registration contents specified in Article 22 of this Circular.

2. The hazardous waste source owner shall immediately classify hazardous waste after the waste is brought into the hazardous waste storage area at the facility that generates hazardous waste or the treatment facility according to regulations of the Law.

3. In cases the hazardous wastes are reused, preliminarily processed, recycled, treated, co-treated and allowed to recovery energy at the facility according to the contents of the granted environmental license, the hazardous waste source owner shall be allowed to choose whether or not to classify hazardous waste.

4. Packaging containing hazardous waste shall meet the following requirements:

a) The hazardous waste packaging (hard or soft packaging) shall ensure the safe storage of hazardous waste without damage or tear;

b)The soft packaging shall be sealed. The hard packaging shall have a tight-fitting lid for the purpose of preventing from leaking or evaporating;

c) Liquid waste, slurry or waste containing volatile hazardous components shall be stored in a hard packaging with the capacity that is less than 90% or a headspace that is 10 cm.

5. The storage equipment (with a hard shell and large size such as a tank, a container or other similar equipment) shall meet the following requirements:

a) The storage equipment shall ensure safe storage of hazardous waste, have reinforcement or special design at the connection and the loading, unloading point or filling and discharge stations in order to avoid leaking;

b) The storage equipment shall have hard structure that is capable of withstanding impact, not damaged, deformed, torn due to the weight of waste throughout the process of use.

c) The storage equipment shall have a warning sign according to Vietnam regulations on warning sign regarding to hazardous waste and have a minimum size that is 30 cm in each direction;

d) The equipment for storing hazardous liquid waste or waste containing volatile hazardous components shall have a tight-fitting lid and function that ensure evaporation control. The filling and discharge stations shall have overflow guard, overflow protection to ensure the headspace that is 10 cm If the hazardous waste storage equipment does not have volatile hazardous components, the close-fit between a lid and equipment shall not be compulsory. However, the equipment shall have a lid or other tools that ensure complete prevention from wind, sunlight and rain;

dd) The hazardous waste storage equipment shall have a capacity that is at least 02m³ or meets the regulations of Clause 4 of this Article. The equipment are located outdoors but it shall be tightly sealed and prevent rain water from entering. In case of storing hazardous waste or hazardous waste groups that are capable of chemical reaction with each other in the same storage equipment, the equipment shall be isolated in the process of storage

6. Hazardous waste storage area of generating facilities:

a) The hazardous waste storage area (a warehouse that is not compulsory) shall have a tight surface floor that ensures no penetration and rainwater overflowing; a roof for the purpose of protecting the entire hazardous waste storage area from sunlight and rain, design or equipment for limiting wind that directly blows inside. However the hazardous waste storage equipment with a capacity that is more than 02m³ is located outdoors;. The area shall be isolated from the areas of hazardous waste or other groups of hazardous wastes that are capable of chemical reaction; ensure no liquid that is leaked outside when leaking and overflowing.

b) The liquid waste containing PCBs, persistent organic pollutants subject to management according to regulations of the Stockholm Convention on persistent organic pollutants (POPs) and other halogenated organic hazardous components (beyond the hazardous waste threshold specified in the national technical regulation on hazardous waste thresholds) shall be stored in hard packaging or storage equipment located in elevated surfaces or ballets and not be stacked;

c) The hazardous waste storage area shall have tools, equipment and materials as follows: fire prevention and fighting equipment in accordance with the Law on fire prevention and fighting; absorbent material (dry sand or sawdust) and a shovel for purpose of preventing from leaking, dropping or overflowing of hazardous liquid waste; warning and prevention signs that are suitable for the type of hazardous waste according to Vietnam regulations on warning signs regarding hazardous waste with a minimum size that is 30 cm in each direction. The storage area of medical facility shall comply with regulations on medical waste management.

7. The hazardous waste manifest shall comply with regulations of Form No. 04, Appendix II issued with this Circular.

Article 36. Technical requirements on packaging, hazardous waste storage equipment and areas applied to the owners of hazardous waste treatment facilities.

1. Packaging containing hazardous waste (hard or soft packaging) shall meet the following requirements:

a) The packaging shall be resistant to corrosion, rust, chemical reaction to the hazardous waste, water or penetration, leakage, especially at the junction and filling and discharge stations. The soft packaging shall have at least 02 layers;

b) The packaging shall be capable of withstanding impact, not be damaged or torn due to the weight of waste throughout the use process;

c)The soft packaging shall be sealed. The hard packaging shall have a tight lid for the purpose of preventing from leaking or evaporating;

d) Liquid waste, slurry or waste containing volatile hazardous components shall be stored in a hard packaging.

2. The storage equipment (with a hard shell and large size such as a tank, a container or other similar equipment) shall meet the following requirements:

a) The shell shall be resistant to corrosion, rust, chemical reaction to the hazardous waste, water or penetration, leakage; have reinforcement or special design at the junction, uploading and loading points, filling and discharge stations in order to avoid leaking;

b) An storage equipment shall have hard structure that is capable of withstanding impact, not damaged, deformed, torn due to the weight of waste throughout process of use.

c) An storage equipment shall have warning signs according to regulations;

d) The equipment for storing hazardous liquid waste or waste containing volatile hazardous components shall have a tight-fitting lid and function that ensure evaporation control;

dd) If the hazardous waste storage equipment does not have volatile hazardous components, the close-fit between a lid and equipment shall not be compulsory. However, the equipment shall have a lid or other tools for the purpose of completely preventing equipment from sunlight, rain and wind that directly blows inside;

3. Hazardous waste storage areas of transfer stations and hazardous waste treatment facilities shall meet the following requirements:

a) The hazardous waste storage area shall have elevation of the floor that ensures no flood and a tight surface floor that ensures no rainwater overflowing;

b) The hazardous waste storage area shall have a floor that is sealed, not cracked with a material that is resistant to water, corrosion, chemical reaction to hazardous waste; a durable floor that is capable of withstanding the highest load of hazardous waste according to calculation; walls and partitions with non-flammable materials;

c) The storage area shall have a roof for the purpose of protecting the entire hazardous waste storage area that is made from non-flammable material, design and equipment for limiting wind that directly blows inside. However hazardous waste storage equipment with a capacity that is more than 05m³ is located outdoors;

d) The storage area shall have separate cells or sections for each type of hazardous waste or group of hazardous waste with the same properties to isolate them from other types of hazardous waste or hazardous waste groups that are capable of chemical reaction. The non-flammable partitions with height that is higher than the height of hazardous waste columns shall be built.

4. In case the hazardous waste storage areas or transfer stations that are built in the form of warehouses shall meet Vietnam regulations on warehouses.

5. A storage area or a hazardous liquid waste transfer station shall have walls, embankments surrounding all or a part of the areas. Also, the owner shall have another secondary isolation measure for preventing hazardous waste from being dispersed to environment in cases of incidents. There must be gutters that lead to a drain that is lower than the floor in order to ensure no overflow.

6. The liquid waste containing PCBs, persistent organic pollutants subject to management according to regulations of the Stockholm Convention on persistent organic pollutants (POPs) and other halogenated organic hazardous components (beyond the hazardous waste threshold specified in the environmental technical regulation on hazardous waste thresholds) shall be stored in hard packaging or storage equipment located in elevated surfaces or ballets and not be stacked;

7. A hazardous waste storage area or a transfer station shall have equipment, tools and materials as follows:

a) Fire prevention and fighting equipment in accordance with the Law on fire prevention and fighting;

b) Absorbent material (dry sand or sawdust) and a shovel to use in case of leaking, dropping and overflowing hazardous liquid waste;

c) First aid boxes; solution containers for the purpose of emergency neutralization of acid burns in case of acidic waste storage;

d) Loading and unloading equipment (manual or motor equipment);

dd) Telecommunication equipment;

e) Alarm equipment (sirens, gongs, loudspeakers);

g) A warning and prevention sign in each cell or subdivision of the storage or transfer area that is suitable for the type of hazardous waste according to Vietnamese regulations on warning signs regarding hazardous waste with a minimum size that is at least 30 cm in each direction; material, ink of sign with unfaded color and unfaded text ;

h) Exit diagrams, exit instructions symbols (EXIT or exit instructions signs) that are located at enter and exit points of the aisles;

i) Brief instruction boards on the safe operation process of the storage area or transfer station, the incident response process (attached to the list of phone number of the local agencies: the People's Committee of commune, police office, medical emergency, fire prevention, fighting and rescue) with sizes and locations that are convenient for observation and monitoring.

Article 37. Technical requirements for environmental protection applied to hazardous waste-carrying vehicles

1. The hazardous waste storage equipment shall be fixed or detachable equipment that are installed into the waste-carrying vehicles in accordance with regulations of Clause 2, Article 36 of this Circular.

2. Some types of hazardous waste-carrying vehicles shall meet the following requirements:

a) The tarpaulin trucks shall be covered with tarpaulins to avoid sunlight and rain throughout the process of collecting, storing and transporting hazardous waste

b) The tank trucks and cargo holds containing hazardous liquid waste of ships shall ensure evaporation control;

c) A motorcycle shall have a container and be fastened on the cargo rack (behind the driver's seat) of the motorcycle. The size of a container that is fastened on a motorcycle shall comply with regulations of Law on Road Traffic.

3. Hazardous waste storage areas on ships, barges and trains shall meet the following requirements:

a) The hazardous waste storage area shall have a floor and surrounding partitions that are sealed, especially at the junction between the floor and the wall, with a material that is resistant to water, fire corrosion, chemical reaction to hazardous waste; a durable floor that is capable of withstanding the highest load of hazardous waste according to calculation;

b) The storage area shall have a roof or a tarpaulin for the purpose of protecting the entire hazardous waste storage area from sunlight and rain, a design or equipment for limiting wind that directly blows inside. However, the hazardous waste storage equipment with a capacity that is more than 05m3 shall be located outdoors

4. Hazardous waste-carrying vehicles shall have equipment, tools and materials as follows:

a) Fire prevention and fighting equipment in accordance with the Law on fire prevention and fighting;

b) Absorbent material (dry sand or sawdust) and necessary tools to use in case of leaking, dropping and overflowing hazardous liquid waste;

c) First aid boxes; solution containers for the purpose of emergency neutralization of acid burns in case of acidic waste storage;

d) Telecommunication equipment;

dd) Warning signs that are flexibly installed according to the type of hazardous waste transferred on at least both sides of a vehicle; the text "VẬN CHUYỂN CHẤT THẢI" with a letter height of at least 15 cm and the name, address, and contact phone number of the facility fixed on at least both sides of the vehicle; a material and ink of sign with unfaded color, unfaded text. In case of moped, the size of selected warning signs shall be suitable for reality;

e) Brief instruction boards on the safe operation process of waste-carrying vehicles, loading and unloading, hazardous waste filling and discharge, the incident response process (attached to the list of phone number of the local agencies: environmental management, police office, medical emergency and fire prevention, fighting) that are located in cabin and control area according to regulations of Law, clearly printed with the texts that are readable and unfaded.

Article 38. Hazardous waste transboundary transport registration under the Basel Convention on the control of the cross-border transport and destruction of hazardous waste

1. The hazardous waste export registration shall be carried out by submitting the application for registration of the cross-border transport of hazardous waste. The registration of export of the same type of hazardous waste shall be carried out according to each separate shipment or a number of shipments in a year. An owner of source of hazardous waste or an exporter who is representative of the owner shall cooperate with relevant parties in making application according to regulations of Clause 2 of this Article.

2. An application for registration of the cross-border transport of hazardous waste shall contain:

a) An application form for registration of cross-border transport of hazardous waste according to the regulations of Form No. 05, Appendix III issued with this Circular;

b) A copy of the contract for treatment of hazardous waste applied to the hazardous waste treatment facility in the import country;

c) A copy of the contract that was signed with the owner of source of hazardous waste in case of an exporter that is authorized by the owner waste to register and carry out the procedures for cross-border transport of hazardous waste;

d) A copy of the contract that was signed with the insurance registration unit for hazardous waste shipments transported cross-border;

dd) An notification of transport in English according to the form specified in the Basel Convention on control and of cross-border transport and destruction of hazardous waste (hereinafter referred to as “Basel Convention”) at:

http://www.basel.int/Portals/4/Basel%20Convention/docs/techmatters/forms-notif-mov/vCOP8.doc.

3. Procedures for registration of cross-border transport of hazardous waste:

a) Organization or individual shall make application for registration of cross-border transport of hazardous waste specified in Clause 2 of this Article and send this application to the Ministry of Natural Resources and Environment directly, by post or electronically;

b) Within 10 working days from the date of receiving the complete application, the competent authority of Basel Convention in Vietnam under the Ministry of Natural Resources and Environment shall send a written notification attached to the English shipping notification to competent authority of the Basel Convention in the import and transit (if any) country in accordance with regulations of the Basel Convention. In case the application is not eligible for a written notice, the Ministry of Natural Resources and Environment shall send a written reply to the organization or individual and provide clear reasons;

c) Within 20 working days from the date of receiving the written reply from the competent authority of the Basel Convention in the import and transit (if any) country, the Ministry of Natural Resources and Environment shall issue a written approval in accordance with regulations of Form No. 06, Appendix III issued together with this Circular. In case of disapproval, the Ministry of Natural Resources and Environment shall send a written reply to organization or individual and provide clear reason.

4. The transport of domestic hazardous waste to the border gate shall be carried out by organizations or an individuals specified in Clause 4, Article 83 of the Law on Environmental Protection.

5. After receiving a written approval from the Ministry of Natural Resources and Environment for the export of hazardous waste, the organization or individual shall make at least 02 sets of English application for transport of each hazardous waste shipment that are allowed to export according to the form specified at:

http://www.basel.int/Portals/4/Basel%20Convention/docs/techmatters/forms-notif-mov/vCOP8.doc.

6. After completing the hazardous waste treatment, the organization or individual approved by the Ministry of Natural Resources and Environment for the export of hazardous waste shall keep an application for transport and send an application for transport that was approved by the treatment unit abroad to the Ministry of Natural Resources and Environment.

Article 39. Hazardous waste treatment technology criteria

1. Criteria for identification of technology for the purpose of assessment shall be as follows:

a) Technology on the list of transfer restriction in accordance with the Law on Technology Transfer;

b) Technology that can cause adverse impacts on the environment: incineration; metal recycling and remediation, metal oxide, metal salt in heat or chemistry; wastewater treatment; chemical treatment, recycling and recovery.

2. Technology:

a) Origin of machinery, equipment and technological lines; prior technology that meets environmental technical standards and regulations, is suitable for Vietnam's conditions according to certification, appraisal and assessment of the competent authority

b) Degree of mechanization and automation; capability to expand and increase capacity;

c) Advanced and preeminent level of hazardous waste treatment technology;

d) Degree of conformity of standards and regulations on the production of machinery, equipment, and technological lines with national technical standards and regulations, Vietnam standards or standards of G7 countries and Korea in safety, energy saving and environmental protection; application of environmental friendly technology, the best available techniques, treatment technology combined with energy recovery;

dd) Uniformity of equipment in the technological lines, capacity to use and replace domestic components and spare parts, the domestic value of the technology and equipment system;

e) Degree of automation in the operation of treatment technology, service life and durability of machinery and equipment in the technological lines.

3. Environment and society:

a) Guarantee of technical standards regulations on environment applied to exhaust gas and wastewater generated in the process of hazardous waste treatment;

b) Saving in the occupied land area of hazardous waste treatment technology system;

c) Level of reuse and recovery of valuable components of hazardous waste;

d) Level of impact on the environment, ecosystems and people throughout the operation process of hazardous waste treatment technology and products after treatment;

dd) Level of risks to the environment and capacity to prevent and overcome technical problems;

e) Capacity to train local resources participating in proficient management, operation, maintenance of equipment;

g) Guarantee of standards and regulations on the quality of products subject to recycling in accordance with the Law on standards, measurement and quality of products and goods.

4. Economy:

a) Market potential of the products that are collected from waste recycling activities of project;

b) Potential and economic value brought from the reuse of waste, energy and useful products created after hazardous waste treatment;

c) The appropriateness in the cost of construction and installation of equipment; operating cost; maintenance and repair costs.

Article 40. Some cases that are not the hazardous waste transport and treatment activities

Some cases that are not the hazardous waste transport and treatment activities shall include:

1. Transport, maintenance and repair to vehicles, equipment and products that are still valid for use according to the original purpose and have not been identified as waste by the owner of waste source for the purpose of continuing to use according to original purpose.

2. Transport of samples that are hazardous waste for analysis.

Section 5. SPECIAL WASTE AND ONSITE WASTEWATER MANAGEMENT

Article 41. On site wastewater and exhaust gas treatment facilities and equipment applied to household and individual production, trade and service establishments

1. Household production, trade and service establishments shall evaluate conformity before installing the equipment for treatment of on-site wastewater and exhaust gas according to guidelines for technology and techniques specified in Clauses 2 and 3 of this Article.

2. On-site wastewater treatment work and equipment of household and individual production, business and service establishments shall satisfy the following requirements:

a) Separate rainwater and wastewater collection systems before wastewater discharge into wastewater treatment work and equipment;

b) Scale of capacity of wastewater treatment work and equipment shall meet the maximum flow of wastewater generated;

c) Comply with environmental technical regulations on on-site wastewater treatment work and equipment;

d) Collect, classify, treat or transfer sludge generated from treatment work and equipment.

3. The exhaust gas treatment work and equipment shall have suction hoods and equipment for collection and treatment of exhaust gas generated before emission to the environment through the exhaust pipe according to the characteristics, nature and flow of exhaust gas generated from production, trade and service activities of a household or individual scale.

Article 42. Medical waste transport and treatment

1. Ordinary medical waste shall be separately classified and collected from hazardous medical waste and domestic solid waste and managed as ordinary industrial solid waste specified in Section 3 of this Chapter. Hazardous medical waste shall not be recycled to produce utensils and packaging that are used in the food sector.

2. Hazardous medical waste shall be separately classified and collected from ordinary industrial solid waste and domestic solid waste before being stored in the storage area at the generating facility in accordance with the Law on medical waste management. In case hazardous medical waste is allowed to self-treat and recover energy at the facility, the owner of the source of hazardous medical waste shall be allowed whether or not to classify hazardous waste according to existing technology and techniques.

3. Hazardous medical waste- carrying vehicles and equipment shall comply with regulations of Articles 36 and 37 of this Circular and following specific requirements for environmental protection:

a) Hazardous medical waste shall be packed in packaging, storage tools and equipment before transport according to regulations of the Law on Medical Waste Management to ensure there is no leakage, break or odor emission throughout transport process;

b) Hazardous medical waste storage tools and equipment that are installed on vehicles shall have walls, bottoms, tight-fitting lids, hard structures; be resistant to impact, damage or leakage to ensure safety throughout transport process; be fixed or removable tools and equipment to ensure there is no drop or spill throughout transport process

c) Hazardous medical waste- carrying vehicles shall have insulated and closed containers. The size of the containers that comply with regulations of the Transport Law;

d) For the areas where specialized vehicles cannot be used to transport hazardous medical wastes but motorcycles can be used to transport, these vehicles shall have containers that are fastened on cargo rack (behind the driver's seat). The size of containers shall comply with regulations of the Law on Road Traffic.

4. Hazardous medical waste shall be treated according to the following order:

a) Hazardous medical waste shall be treated at waste treatment facilities that have medical waste treatment items;

b) Hazardous medical waste shall be treated according to the model of a cluster of medical facilities. The medical waste of a cluster of medical facilities shall be collected and treated at the treatment system and equipment of a facility in the cluster);

c) Hazardous medical waste shall be self-treated at the hazardous medical waste treatment work and equipment within the medical facility's precinct.

5. The Department of Natural Resources and Environment shall make and submit a report on regulations collection, transport and treatment of hazardous medical waste to the People's Committee of province for approval in accordance with local conditions and regulations on environmental protection. Regulations on collection, transport and treatment of hazardous medical waste shall include the following main contents:

a) Location and model of hazardous medical waste treatment;

b) Scope and measures for collection and transport of hazardous medical waste;

c) Information on organizations and individuals participating in the collection, transport and treatment of hazardous medical waste;

d) Other relevant issues.

Article 43. Collection and treatment of packaging of plant protection chemicals arising in agricultural activities

1. Collection of packaging of plant protection chemicals arising in agricultural activities shall comply with guidance of the Ministry of Agriculture and Rural Development.

2. Treatment of packaging of plant protection chemicals shall comply with the Law on Waste Management.

Article 44. Waste management of petroleum activities at sea

1. Classification, collection, storage and management of non-hazardous waste applied to petroleum works at sea:

a) Domestic solid waste and ordinary industrial solid waste shall be collected and classified into 03 groups, including: food waste group, scrap group subject to collection and recycling and the other group of ordinary waste;

b) The group of food waste shall be discharged into the sea after being ground to a size that is less than 25 mm;

c) Ordinary waste that is wood, paper or paperboard burned shall comply with the Law on Fire Prevention and Fighting. The ashes shall be discharged into the sea;

d) The group of scrap subject to remediation and recycling and the other group of ordinary waste shall be collected and transported to seashore.

2. Classification, collection, storage of non-hazardous waste applied to petroleum works at sea:

a) Hazardous wastes shall be classified according to their hazardous nature;

b) Types of hazardous wastes that have the same hazardous nature, the same treatment methods and no reaction each other shall be stored together in the same closed equipment and tools;

c) Hazardous waste containers and equipment shall have clear labels to identify the type of collected waste.

3. Management of drilling cuttings and drilling fluids generated in petroleum extraction and mining activities at sea:

a) Water-based drilling cuttings and drilling fluids generated in petroleum extraction and mining activities shall be discharged into offshore waters, boundaries of aquaculture areas, aquatic protection zones and amusement parks that are further than 03 nm;

b) Non-aqueous drilling cuttings generated in petroleum extraction and mining activities shall only be discharged into the sea when the content of non-aqueous drilling fluid adhering to the waste drilling cutting does not exceed the permissible value according to the national technical regulations on drilling cuttings and drilling fluids that is discharged from petroleum works at sea and has discharge at a location far from the shore, boundaries of aquaculture areas, aquatic protection zones, amusement parks that are further than 12nm. After non-aqueous drilling fluid is used for petroleum extraction and mining, it shall be transported to shore to reuse for other drilling campaigns or transferred to waste treatment facilities for the purpose of treatment.

c) The use of non-aqueous drilling fluids shall be carried out in accordance with environmental technical regulations issued by the Ministry of Natural Resources and Environment.

4. Wastewater generated from petroleum works at the sea shall be collected and treated according to regulations of environmental technical regulations on wastewater from petroleum works at sea.

5. Oil-contaminated floor cleaners, technological equipment and oil tanks shall be:

a) Collected and treated according to environmental technical regulations on industrial wastewater before being discharged at a location that is not further than 03 nm from the shore;

b) Collected and treated according to regulations of Appendix I of the Marpol Convention before being discharged at a location that is further than 03 nm from the shore. The maximum oil content shall not be exceeded 15 mg/l

6. Domestic wastewater shall be:

a) Collected and treated according to environmental technical regulations on domestic wastewater before being discharged at a location that is not further than 03 nm from the shore;

b) Collected and treated according to regulations of Appendix IV of the Marpol Convention before being discharged at a location that is from 03 to 12nm from the shore.

c) Collected and discharged into the sea at a location that is further than 12 nm from shore.

Section 6. ASSESSMENT OF CONFORMITY WITH ENVIRONMENTAL TECHNICAL REGULATIONS APPLIED TO IMPORTED SCRAPS

Article 45. Assessment of the capacity of the organization assessing conformity with environmental technical regulations applied to scraps imported from foreign countries as production materials

1. Decision on the establishment of a team assessing the capacity of an organization for assessing the conformity with environmental technical regulations applied to imported scraps used to make production materials from foreign countries (hereinafter referred to as “the assessment team”) according to regulations of Form No. 07 of Appendix III issued with this Circular.

2. Written comments and assessments of members of the assessment team according to regulations of Form No.8 Appendix III issued together with this Circular.

3. Record of assessment of the capacity of an organization for assessing conformity with environmental technical regulations applied to imported scraps used to make production materials from foreign countries according to regulations of Form No. 09, Appendix III issued together with this Circular.

4. Decision on appointment for an organization to assess the conformity with environmental technical regulations applied to imported scraps used to make production materials from foreign countries according to the regulations of Form No. 08 of the Government’s Decree No. 74/2018/ND-CP dated May 15, 2018 providing amendments to a number of articles of Decree No. 132/2008/ND-CP dated December 31, 2008, detailing the implementation of a number of articles of the Law on Products and Goods Quality (amended at Clause 9, Article 4 of the Government’s Decree No. 154/2018/ND-CP dated November 9, 2018 amending and repealing certain regulations on investment and business conditions in sectors under the management of the Ministry of Science and Technology and certain regulations on specialized inspections).

Article 46. Assessment of the actual capacity of an organization that registers assessment of the conformity with environmental technical regulations applied to imported scraps used to make production materials from foreign countries

1. The Ministry of Natural Resources and Environment shall assess the application for appointment for an organization to participate in the assessment of conformity with environmental technical regulations applied to imported scraps used to make production materials from foreign countries according to regulations of Article 18d, Decree No. 132/2008/ND-CP dated December 31, 2008 detailing the implementation of a number of articles of the Law on Products and Goods Quality (hereinafter referred to as “Decree No. 132/2008/ ND-CP”) added in Clause 8, Article 1 of the Government’s Decree No. 74/2018/ND-CP dated May 15, 2018 providing amendments to a number of articles of Decree No. 132/2008/ND-CP

2. Assessment and inspection of actual capacity at the organization:

a) Contents of assessment and inspection:

The assessment team shall be responsible for assessing application for participating in assessing conformity with the technical regulation applied to imported scraps used to make production materials from foreign countries, including the following contents: legislative documents of the organization; the quantity and capacity of assessors; machinery and equipment for inspection of imported scraps; internal procedures for inspection of imported scraps; compliance with legal regulations, internal procedures of conformity assessment organizations in registration for inspection of imported scraps and regulations of Articles 18a and 18b of Decree No. 132/2008/ ND-CP amended at Clause 8 Article 1 of Decree No. 74/2018/ND-CP and Clauses 4,5 Article 4 of the Government’s Decree No. 154/2018/ND-CP dated November 9 2018 amending and repealing certain regulations on investment and business conditions in sectors under the management of the Ministry of Science and Technology and certain regulations on specialized inspections.

b) The appraisal results of application, assessment and re-inspection at the organization participating in the assessment of conformity with environmental technical regulations applied to imported scraps used to make production materials from foreign countries shall be as the basis for decision of the Ministry of Natural Resources and Environment on appointment for organizations to participate in assessing the conformity with environmental technical regulations applied to imported scrap used to make production materials from foreign countries.

Section 7. ENVIRONMENTAL PROTECTION IN MANAGEMENT OF PERSISTENT POLLUTANTS AND MATERIALS, FUEL, PRODUCTS, GOODS, AND EQUIPMENT CONTAINNING PERSISTENT POLLUTANTS

Article 47. Inspection and assessment of application for exemption from persistent organic pollutants (POPs) for the purpose of making of direct production materials

1. Decision on the establishment of inspectorate for the purpose of assessment of application for exemption from POPs in Appendix XVII issued together with Decree No. 08/2022/ND-CP according to regulations of Form No. 10, Appendix III issued together with this Circular.

2. Record of inspection and assessment of application for exemption from POPs in Appendix XVII issued together with Decree No. 08/2022/ND-CP according to regulations of Form No. 11, Appendix III issued together with this Circular.

Article 48. Labelling, information disclosure, conformity assessment and inspection of persistent pollutants and materials, fuel, products, goods and equipment containing persistent pollutant

1. Contents of inspection and assessment of conformity of persistent pollutants and raw materials, fuels, products, goods and equipment containing persistent pollutants shall contain:

a) Fulfillment of environmental protection requirements in the management of persistent pollutants and materials, fuels, products, goods and equipment containing persistent pollutants according to regulations;

b) Conformity assessment result, label, information disclosure and accompanying documents;

c) Sampling serving conformity assessment according to corresponding environmental technical regulations.

2. Decision on the establishment of inspectorate for the purpose of assessment and a record of inspection and assessment of conformity of persistent pollutants and materials, fuels, products, goods and equipment containing persistent pollutants according to regulations of Forms No. 12 and 13, Appendix III issued together with this Circular.

3. After carrying out the inspection and assessment of conformity, the Ministry of Natural Resources and Environment shall issue a written notification of the results of the inspection and assessment of conformity of persistent pollutants and raw materials, fuels, products, goods and equipment containing persistent pollutants according to regulations of Form No.14, Appendix III issued together with this Circular.

4. The importers, producers and enterprises shall send a notice about materials, fuels and products without commercial packaging to the Ministry of Natural Resources and Environment according to Form No. 15 Appendix III issued together with this Circular.

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