Thông tư số 34/2017/TT-BTNMT của Bộ Tài nguyên và Môi trường: Quy định về thu hồi, xử lý sản phẩm thải bỏ

CIRCULAR

ON RECALL AND TREATMENT OF DISCARDED PRODUCTS

Pursuant to the Law on Environmental Protection dated June 23, 2014;

Pursuant to the Government’s Decree No. 36/2017/NĐ-CP dated April 04, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to the Decision No. 16/2015/QĐ-TTg dated May 22, 2015 of the Prime Minister on recall and treatment of discarded products;

Pursuant to the Decision No. 38/2015/NĐ-CP dated April 24, 2015 of the Prime Minister on management and waste and discarded materials;

At the request of the Director General of Vietnam Environment Administration, Director General of Department of Legal Affairs;

The Minister of Natural Resources and Environment hereby adopts a Circular on recall and treatment of discarded products.

Article 1. Scope

This Circular elaborates Clause 13, Article 5 and Clause 1, Article 9 of the Decision No. 16/2015/QĐ-TTg dated May 22, 2015 of the Prime Minister on recall and treatment of discarded products (hereinafter referred to as “Decision No. 16/2015/QĐ-TTg”).

Article 2. Regulated entities

This Circular applies to manufacturers, consumers and other organizations or individuals related to recall and treatment of discarded products within the territory of the Socialist Republic of Vietnam.

Article 3. Types, number and locations of recall stations

1. Recall stations include:

a) Internal recall station: a fixed station where discarded products from consumers are collected;

b) Stationary recall station: a fixed station that is used for gathering and storing discarded products from other recall stations and consumers;

c) Mobile recall station: a mobile station that is established by the manufacturer or the manufacturer in cooperation with the local government during a campaign to receive discarded products from consumers.

2. The number and locations of recall stations are based on:

a) The quantity of products sold in Vietnamese market;

b) The supply chain of the manufacturer;

c) The distance to the intended discarded product treatment and recycling establishment.

3. The manufacturer shall, according to the contents specified in Clauses 1 and 2 of this Article and other conditions (if any), decide the number and types of recall stations and build a road map for establishment of appropriate recall stations.

Article 4. Technical requirements applied to recall stations

1. The internal recall station and stationary recall station must be compliant with the requirements specified in the Appendix I enclosed herewith.

2. The mobile recall station must ensure safe storage, and no leak or overflow of discarded products into the environment.

3. Signs and warning signs must be put up at recall stations according to regulations specified in the Appendix I enclosed herewith.

Article 5. Procedures for management of recall stations

1. The manufacturer must cooperate with the owner or operator of the internal recall station in complying with the following management procedures:

a) They must provide and use hazardous waste documents in the name of the representative of the hazardous waste generator when discarded products that are hazardous wastes are transferred to an establishment licensed to treat hazardous wastes. The manufacturer and owner or operator of the recall station may reach an agreement on providing and using hazardous waste documents in the name of the representative of the hazardous waste generator.

b) A transfer book provided in the Appendix II enclosed herewith shall be used when discarded products are transferred to a stationary recall station or another manufacturer in accordance with regulations specified in Clause 5, Article 5 of the Decision No. 16/2015/QĐ-TTg or when the discarded products that are conventional wastes are transferred to an establishment licensed to treat and recycle wastes.

c) In the cases where the recall station owner or operator is required to apply for registration of a hazardous waste generator according to regulations of the Government’s Decree No. 38/2015/NĐ-CP dated April 24, 2015 on management of wastes and discarded materials, they do not have to assume responsibility of a hazardous waste generator for the recall of discard products that are hazardous wastes when establishing a recall station;

d) They must report on discarded product recall in accordance with regulations specified in Article 7 of this Circular.

2. The manufacturer must cooperate with the owner or operator of the stationary recall station in complying with the following management procedures:

a) A transfer book provided in the Appendix II enclosed herewith shall be used when discarded products are collected from the internal recall stations or mobile recall stations, or transferred to another manufacturer in accordance with regulations specified in Clause 5, Article 5 of the Decision No. 16/2015/QĐ-TTg or when the discarded products that are conventional wastes are transferred to an establishment licensed to treat and recycle wastes;

b) They must provide and use hazardous waste documents in the name of the representative of hazardous waste generator when discarded products that are hazardous wastes are transferred to an establishment licensed to treat hazardous wastes;

c) They must comply with regulations of the Basel Convention on the control of transboundary movements of hazardous wastes and their disposal upon the export of discarded products that are hazardous wastes across the border for treatment and recycling;

d) They must report on discarded product recall in accordance with regulations specified in Article 7 of this Circular.

3. When recalling discarded products at mobile recall stations, the manufacturer must comply with the following management procedures:

a) A transfer book provided in the Appendix II enclosed herewith shall be used when recalled discarded products are transferred to a stationary recall station or when the discarded products that are conventional wastes are transferred to an establishment licensed to treat and recycle wastes.

b) They must provide and use hazardous waste documents in the name of the representative of the hazardous waste generator when discarded products that are hazardous wastes are transferred to an establishment licensed to treat hazardous wastes.

Article 6. Collection, storage, transport and treatment of discarded products

1. Transport means of hazardous wastes must satisfy the following technical requirements:

a) Transport means of hazardous wastes that are hazardous wastes must satisfy technical requirements for management of hazardous wastes, except for the collection and transport from consumers to each recall station;

b) The GPS must be installed in the transport means of discarded products transported from stationary recall stations to treatment establishments.

2. Requirements for storage of discarded products:

a) Discarded products shall be stored for a maximum of 06 months from the date of receipt at a stationary recall station. In case such discarded products must be stored for more than 06 months because a suitable waste treatment and recycling establishment is yet to be selected, types and quantity of the stored discarded products must be reported to the Department of Natural Resources and Environment of the province where a stationary recall station is located;

b) Discarded products shall be stored at an internal recall station for unlimited time but the maximum allowable storage quantity specified in the Appendix III enclosed herewith must not be exceeded.

3. The transport of discarded products that are hazardous wastes to a recall station shall not require the hazardous waste management license or hazardous waste treatment license but the maximum quantity per shipment must not be exceeded (applicable to means of transport). To be specific:

a) 100 kg or 50 discarded products, whichever comes first, applicable to the discarded product that is small electronic equipment (computer, monitor, CPU, printer, fax machine, scanner, photo camera, movie camera, cell phone, tablet, disc player, reader) and discarded battery and accumulator, discarded compact light; discarded fluorescent light;

b) 01 discarded product, applicable to the discarded product that is large electric and electronic equipment (photocopier, television, refrigerator, washing machine, air conditioner), cars and motorbikes;

c) 20 liters, applicable to waste oil;

d) The transport of discarded products that are hazardous wastes with quantity in excess of the legal limit specified in Points a, b and c, Clause 3 of this Article must be carried out by the unit issued with the hazardous waste management license or hazardous waste treatment license.

4. The transport of discarded products that are hazardous wastes from recall stations to a stationary recall station is specified as follows:

a) The transport shall be carried out by the unit issued with the hazardous waste management license or hazardous waste treatment license;

b) In case a manufacturer or unit without the hazardous waste management license or hazardous waste treatment license transports discarded products, the regulation specified in Point d, Clause 1, Article 13 of the Government’s Decision No. 38/2015/NĐ-CP on management of wastes and discarded materials shall be complied with.

5. The transport of discarded products that are hazardous wastes from recall stations to a treatment and recycling establishment must be carried out by the unit issued with the hazardous waste management license or hazardous waste treatment license.

6. The transport of discarded products that are conventional wastes shall not require the license and is not limited to the quantity per shipment but must satisfy the technical requirements for management of conventional wastes.

7. If the discarded vehicles are cars and motorbikes that are still usable in accordance with applicable regulations of law, they may be moved to the recall station by their operator.

8. In the cases where the manufacturer sets up programs and projects to directly collect discarded products from consumers, such discarded products shall be transported to stationary recall stations or treatment and recycling establishments in the following forms:

a) The transport shall be carried out by the unit issued with the hazardous waste management license or hazardous waste treatment license;

b) In case the transport is carried out by a manufacturer or unit without the hazardous waste management license or hazardous waste treatment license, the regulation specified in Point d, Clause 1, Article 13 of the Government’s Decision No. 38/2015/NĐ-CP dated April 24, 2015 on management of wastes and discarded materials shall be complied with.

9. The discarded products after the recall must be managed and handled as prescribed in Clause 4, Article 4 of the Decision No. 16/2015/QĐ-TTg.

Article 7. Report on recall and treatment of discarded products

1. The manufacturer shall prepare an annual report on recall and treatment of discarded products (beginning from 01 January to 31 December inclusive) according to the form provided in the Appendix IV (A) enclosed herewith and submit it to the Vietnam Environment Administration before 31 January of the succeeding year.

2. The owner or operator of the stationary recall station shall prepare an annual report on recall and transfer of discarded products (beginning from 01 January to 31 December inclusive) according to the form provided in the Appendix IV (B) enclosed herewith and submit it to the Department of Natural Resources and Environment before 31 January of the succeeding year.

3. The owner or operator of the internal recall station (except for the owner or operator mentioned in Point c, Clause 1, Article 5 of this Circular) shall prepare an annual report on recall and transfer of discarded products (beginning from 01 January to 31 December inclusive) according to the form provided in the Appendix IV (C) enclosed herewith and submit it to the Department of Natural Resources and Environment before 31 January of the succeeding year.

4. The waste collection and treatment establishment shall prepare an annual report on collection and treatment of discarded products (beginning from 01 January to 31 December inclusive) according to the form provided in the Appendix IV (D) enclosed herewith and submit it to the Vietnam Environment Administration and Department of Natural Resources and Environment of the province where the establishment is located before 31 January of the succeeding year.

5. The hazardous waste documents and transfer books provided and used in accordance with regulations of this Circular shall be attached to the reports of the manufacturer, owner or operator of the stationary and internal recall stations and report of the discarded product collection and treatment establishment according to regulations of this Article. In the cases where the owner or operator is mentioned in Point c, Clause 1, Article 5 of this Circular, hazardous waste documents and transfer books shall be retained at the recall station.

Article 8. Establishment and management of data on recall and treatment of discarded products

1. The database on discarded products includes the following information:

a) List of manufacturers and importers that must be responsible for recall and treatment of discarded products;

b) System of recall stations and treatment establishments;

c) The annual quantity of products sold in Vietnamese market;

d) The annual quantity of discarded products already recalled and treated in Vietnam;

dd) The annual quantity of discarded products already recalled and transported across the border for treatment and recycling.

2. The Vietnam Environment Administration shall establish a database on discarded products.

Article 9. Announcement of list of recall stations satisfying environmental requirements

1. The Vietnam Environment Administration shall publish the list of recall stations satisfying environmental requirements on its website (www.vea.gov.vn).

2. The Vietnam Environment Administration shall cooperate with the Department of Natural Resources and Environment in carrying out physical survey of recall stations, which serves as a basis for announcement of the list of recall stations satisfying environmental requirements.

Article 10. Effect

This Circular comes into force from November 20, 2017.

Article 11. Implementation

1. The People’s Committees at all levels shall enable manufacturers to establish recall stations, treat or cooperate in treating discarded products. The People's Committees of provinces shall direct the Departments of Natural Resources and Environment to inspect the recall and treatment of discarded products within their provinces.

2. The Vietnam Environment Administration shall instruct, inspect and monitor the recall and treatment of discarded products.

3. Ministries, ministerial agencies, Governmental agencies, People’s Committees at all levels and relevant organizations and individuals are responsible for the implementation of this Circular.

4. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Natural Resources and Environment./.

APPENDIX I

TECHNICAL REQUIREMENTS APPLIDED TO RECALL STATIONS
(Enclosed with the Circular No. 34/2017/TT-BTNMT dated October 04, 2017 of the Minister of Natural Resources and Environment)

I. Regarding discarded accumulators and batteries

1. Regarding discarded accumulators

1.1. The sign “Điểm thu hồi ắc quy thải bỏ” (“Discarded accumulator recall station”) must be available.

1.2. The area for storage of discarded accumulators must satisfy the following general requirements:

1.2.1. A roof must be built to cover the entire area and prevent overflowing rainwater. A drain must be built lower than the floor to take liquid to the manhole.

1.2.2. Regarding stationary recall stations, it is additionally required to equip:

- Fire-fighting equipment (including at least foam extinguishers and fire sand buckets) installed under the guidance of a competent fire authority in accordance with regulations of the law on fire prevention and fighting;

- Absorbent materials (like dry sand or sawdust) and shovels used in case of leaks, splashes and spills;

- First aid kits; domestic soda containers used to neutralize acid burns;

- Warning signs in conformity with each stored hazardous material according to TCVN 6707:2009, with at least 30 (thirty) cm in width and length;

- Evacuation diagrams and exit signs put up at the turns.

1.3. In case the stored discarded accumulators are stacked, measures must be taken to prevent any drop during storage.

2. Regarding discarded batters

2.1. The sign “Điểm thu hồi pin thải bỏ” (“Discarded battery recall station”) must be available.

2.2. Instruments and equipment containing discarded batteries must be solid with firm wall and bottom, must not be damaged, deformed or broken by the weight of the batteries during use.

2.3. The area for storage of discarded batteries must satisfy the following general requirements:

2.3.1. A roof must be built to cover the entire area and prevent overflowing rainwater.

2.3.2. Regarding stationary recall stations, it is additionally required to equip:

- Fire fighting equipment (including at least foam extinguishers and fire sand buckets) installed under the guidance of a competent fire authority in accordance with regulations of the law on fire prevention and fighting;

- Absorbent materials (like dry sand or sawdust) and shovels used in case of leaks, splashes and spills;

- Warning signs in conformity with each stored hazardous material according to TCVN 6707:2009, with at least 30 (thirty) cm in width and length;

- Evacuation diagrams and exit signs put up at the turns.

2.3. Storage and arrangement of discarded batteries:

2.3.1. Discarded batteries must be stored in storage equipment or instruments.

2.3.2. In case the storage equipment or instruments are stacked, measures must be taken to prevent any drop during storage.

II. Regarding discarded compact and fluorescent lights

1. The sign “Điểm thu hồi bóng đèn compact, bóng đèn huỳnh quang thải bỏ” (“Discarded compact and fluorescent light recall station”) must be available.

2. Instruments and equipment containing discarded compact and fluorescent lights must be solid with firm wall and bottom, must not be damaged, deformed or broken by the weight of the lights during use.

3. The area for storage of discarded lights must satisfy the following general requirements:

3.1. A roof must be built to cover the entire area and prevent overflowing rainwater.

3.2. Regarding stationary recall stations, it is additionally required to equip:

- Fire fighting equipment (including at least foam extinguishers and fire sand buckets) installed under the guidance of a competent fire authority in accordance with regulations of the law on fire prevention and fighting;

- Warning signs in conformity with each stored hazardous material according to TCVN 6707:2009, with at least 30 (thirty) cm in width and length;

- Evacuation diagrams and exit signs put up at the turns.

4. Storage and arrangement of discarded compact and fluorescent lights:

- Discarded compact and fluorescent lights must be stored in storage equipment or instruments;

- The discarded lights must not be dropped and broken, affecting the environment.

III. Regarding types of waste oil

1. The sign “Điểm thu hồi dầu nhớt thải bỏ” (“Waste oil recall station”) must be available.

2. The instruments and equipment containing types of waste oil must satisfy the following requirements:

2.1. They must be tight without any leaks and osmosis during storage, ensure anti-corrosion, no rust, and non-chemical reaction with the waste oil.

2.2. They must have a solid structure withstanding impact, must not be damaged, deformed or broken by the weight of the waste oil during use and must be covered with a lid.

3. The area for storage of waste oil must satisfy the following general requirements:

3.1. A floor must be built so that it cannot be flooded. In case of use of an underground storage tank, it must be designed to prevent overflowing rainwater.

3.2. A roof must be built to cover the entire area, except for the storage equipment with a capacity of more than 5 m³, which shall be located outdoor.

3.3. There must be walls, dykes or edges surrounding entire or part of the area to prevent waste oil spills in case of emergency. Drains must be built lower than the floor to take liquid to the manhole.

3.4. Fire fighting equipment (including at least foam extinguishers and fire sand buckets) must be installed under the guidance of a competent fire authority in accordance with regulations of the law on fire prevention and fighting.

3.5. There must be absorbent materials (like dry sand or sawdust) and shovels in case of leaks, splashes and spills.

3.6. There must be warning signs in conformity with each stored hazardous material according to TCVN 6707:2009, with at least 30 (thirty) cm in width and length.

3.7. There must be evacuation diagrams and exit signs put up at the turns.

4. Waste oil storage instruments and equipment must not be stacked.

IV. Regarding discarded electric and electronic equipment

1. The sign “Điểm thu hồi thiết bị điện, điện tử thải” (“Discarded electric and electronic equipment recall station”) must be available.

2. Instruments and equipment containing discarded electric and electronic equipment must be solid with firm wall and bottom, must not be damaged, deformed or broken by their weight during use.

3. The area for storage of discarded electric and electronic equipment must satisfy the following general requirements:

3.1. A roof must be built to cover the entire area and prevent overflowing rainwater.

3.2. Regarding stationary recall stations, it is additionally required to equip:

- Fire fighting equipment (including at least foam extinguishers and fire sand buckets) installed under the guidance of a competent fire authority in accordance with regulations of the law on fire prevention and fighting;

- Warning signs in conformity with each stored hazardous material according to TCVN 6707:2009, with at least 30 (thirty) cm in width and length;

- Evacuation diagrams and exit signs put up at the turns.

4. In case the storage equipment or instruments are stacked, measures must be taken to prevent any drop during storage.

V. Regarding discarded inner tubes and tires

1. The sign “Điểm thu hồi săm, lốp thải bỏ” (“Discarded inner tube and tire recall station”) must be available.

2. The area for storage of discarded inner tubes and tires must satisfy the following general requirements:

2.1. A roof must be built to cover the entire area and prevent warehouse floor from being flooded.

2.2. In case of outdoor storage, the following requirements must be satisfied:

- Cover and mitigate weather effects on discarded inner tubes and tires.

- Do not place discarded inner tubes and tires directly on the ground and non-flooded storage ground.

- In case of stacked discarded inner tubes and tires, take measures to prevent any drop during storage.

2.3. Fire fighting equipment (including at least foam extinguishers and fire sand buckets) must be installed under the guidance of a competent fire authority in accordance with regulations of the law on fire prevention and fighting.

2.4. There must be evacuation diagrams and exit signs put up at the turns.

VI. Regarding discarded vehicles

1. The sign “Điểm thu hồi phương tiện giao thông thải bỏ” (“Discarded vehicle recall station”) must be available.

2. Fuel must be removed from discarded vehicles before storage.

3. The area for storage of discarded vehicles must satisfy the following general requirements:

3.1. Fire fighting equipment (including at least foam extinguishers and fire sand buckets) must be installed under the guidance of a competent fire authority in accordance with regulations of the law on fire prevention and fighting.

3.2. There must be evacuation diagrams and exit signs put up at the turns.

APPENDIX II

SPECIMEN OF DISCARDED PRODUCT TRANSFER BOOK
(Enclosed with the Circular No. 34/2017/TT-BTNMT dated October 04, 2017 of the Minister of Natural Resources and Environment)

I. Specimen of book cover

II. Book contents

Reach an agreement on transfer of discarded products. To be specific:

(*) In case of failure to clearly identify what manufacturer the product belongs to, write “Không xác định” ("Unknown")

The abovementioned product (specify packaging specifications) is transported by the vehicle of …… license plate ……

Notes:

- The transfer book shall be made into 02 copies. Each party shall keep 01 copy. When transferring waste, two parties must specify waste-related information in their own transfer books with certification by the other party to serve monitoring, comparison and management purposes;

- Revisions to the book should be limited. In case of revisions, seals and signatures of representatives of parties must be given.

APPENDIX III

MINIMUM QUANTITY OF DISCARDED PRODUCTS STORED AT INTERNAL RECALL STATIONS
(Enclosed with the Circular No. 34/2017/TT-BTNMT dated October 04, 2017 of the Minister of Natural Resources and Environment)

APPENDIX IV

(Enclosed with the Circular No. 34/2017/TT-BTNMT dated October 04, 2017 of the Minister of Natural Resources and Environment)

A. REPORT ON RECALL AND TREATMENT OF DISCARDED PRODUCTS OF MANUFACTURER

To: The Vietnam Environment Administration

…..(1)……hereby reports on recall and treatment of discarded products of the year……. as follows:

I. Information about the manufacturer

1. Name:

2. Address:

3. Telephone:                         Fax:                            Email:

II. Information about the products sold during the reporting period that have to be recalled

III. Report on system of recall stations by province

IV. INFORMATION ABOUT TREATMENT OF DISCARDED PRODUCTS

Information about the treatment establishment of the manufacturer:

V. Results of recall and treatment of discarded products

1. Self-recall and treatment of discarded products

Results of recall and treatment.

Notes: * already included in quantity of other manufacturers' discarded products transfereed as prescribed in Clause 5, Article 5 of the Decision No. 16/2015/QĐ-TTg

2. Cooperation in recall and treatment of discarded products

List of manufacturers and importers that cooperate with each other in recall and treatment of discarded products:

3. In case of rejection of discarded products and explanation

…….(1) …… is responsible to law for the accuracy and truthfulness of this report./.

Notes: (1) Name of manufacturer

B. REPORT ON RECALL AND TRANSFER OF DISCARDED PRODUCTS OF STATIONARY RECALL STATION OWNER OR OPERATOR
(Enclosed with periodic report on hazardous wastes or periodic report on management of conventional wastes)

To: The Department of Natural Resources and Environment (of the area where the recall station is located)

…..(1)……hereby reports on collection and transfer of discarded products of the year…….as follows:

1. Information about recall station

- Name: ………………………….

- Address: ………………………………

- Telephone:…………………. Fax:…………………..  Email: …………………….. 

- Enterprise registration certificate/Investment certificate: …………………..

2. Information about results of recall and transfer of discarded products

a) Information about manufacturers signing an agreement on recall and transfer of discarded products:

- Name of manufacturer: ………………………….

- Address: ………………………………

- Type of discarded products that need to be recalled and treated: ………………………………

b) Results of recall and transfer of discarded products:

………..(1)………… is responsible to law for the accuracy and truthfulness of this report./.

Notes: (1) name of the owner or operator of the stationary recall station

C. REPORT ON RECALL AND TRANSFER OF DISCARDED PRODUCTS OF INTERNAL RECALL STATION OWNER OR OPERATOR
(Enclosed with periodic report on hazardous wastes or periodic report on management of conventional wastes)

To: The Department of Natural Resources and Environment (of the area where the recall station is located)

..…..(1)……hereby reports on collection and transfer of discarded products of the year…….as follows:

1. Information about recall station

- Name: ………………………….

- Address: ………………………………

- Telephone:…………..……….Fax:………..………….Email: ……………………….

- Enterprise registration certificate/Investment certificate: …………………..

2. Results of recall and treatment of discarded products

a) Information about manufacturers signing an agreement on recall of discarded products:

- Name of manufacturer: ………………………….

- Address: ………………………………

- Type of discarded products that need to be recalled and treated: ………………………………

b) Results of collection and treatment of discarded products:

....(1) …… is responsible to law for the accuracy and truthfulness of this report./.

Notes: (1) name of the owner or operator of the internal recall station

D. REPORT ON COLLECTION AND TREATMENT OF DISCARDED PRODUCTS OF WASTE COLLECTION AND TREATMENT ESTABLISHMENT
(Enclosed with periodic report on hazardous wastes or periodic report on management of conventional wastes)

..…..(1)……hereby reports on collection and treatment of discarded products of the year…….as follows:

1. Information about waste collection and treatment establishment

- Name: ………………………….

- Address: ………………………………

- Telephone:…………..……….Fax:………..………….Email: ……………………….

- Enterprise registration certificate/Investment certificate: …………………..

- Hazardous waste treatment license of the waste collection and treatment establishment (in case the discarded products are hazardous wastes): ………………………….

2. Information about results of collection and treatment of discarded products

a) Information about manufacturers signing an agreement on collection and treatment of discarded products

- Name of manufacturer

- Address:

- Type of discarded products that need to be recalled and treated: ………………………………

b) Results of collection and treatment of discarded products:

....(1) …… is responsible to law for the accuracy and truthfulness of this report./.

Notes: (1) name of the waste collection and treatment establishment

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