Chapter II
LIST OF HAZARDOUS WASTES, TECHNICAL REQUIREMENTS AND PROCEDURES FOR HAZARDOUS WASTE MANAGEMENT
Article 5. List of hazardous wastes, codes of hazardous wastes, and hazardous waste management numbers
1. The list of hazardous wastes and codes of hazardous wastes are provided in Appendix 1 enclosed herewith.
2. Hazardous waste management numbers are registration numbers of the registers of hazardous waste source owners, licenses for hazardous waste treatment, licenses for hazardous waste management (common name of licenses of management/transport/treatment/destruction of hazardous wastes issued before the issuance date of this Circular).
Article 6. Identification and classification of hazardous wastes
1. Hazardous wastes shall be identified according to Appendix 1 enclosed herewith and environmental standards on limits of hazardous wastes.
2. Hazardous wastes must be classified by the source owner when:
a) Hazardous wastes are moved to storage at the same establishment where hazardous wastes are produced;
b) Hazardous wastes are moved an external establishment for treatment other than storage of the establishment where hazardous wastes are produced.
3. In case hazardous wastes are reused, recycled, treated, or used for energy production at the generating facility, the source owner may decide whether to classify hazardous wastes depending on available technologies.
Article 7. Technical requirements and procedures for hazardous waste management
1. Hazardous waste source owners shall fulfill the duties prescribed in Article 7 of Decree No. 38/2015/ND-CP with regard to the technical requirements and procedures prescribed in Clauses 2 to 9 of this Article.
2. Prepare an area for storage of hazardous wastes; store hazardous wastes in packages or storing devices that satisfy technical requirements and management procedures in Appendix 2 (A) enclosed herewith.
3. Requirements for transfer of hazardous wastes:
A) Only sign contract to transfer hazardous wastes to entities having legitimate licenses for hazardous waste treatment or hazardous waste management;
b) When exporting hazardous wastes for overseas treatment, the source owner must comply with Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (hereinafter referred to as Basel Convention) according to Article 23 of this Circular.
4. Use the documents provided in Appendix 3 enclosed herewith for every transfer of hazardous wastes, except for the following cases:
a) Reuse, treatment, recycling of hazardous wastes within the premises of the facility;
b) The case mentioned in Clause 4 Article 24 of this Circular.
5. Within 06 months from the transfer date, if the last two copies of the documents are not received without acceptable explanation in writing from the transferee, the hazardous waste source owner shall send a report to the Department of Natural Resources and Environment of the province or Vietnam Environment Administration as prescribed by law.
6. Making and submitting reports:
a) Make annual reports on hazardous waste management (the reporting period is from January 01 to December 31) using the form provided in Appendix 4 (A) enclosed herewith and submit them to the Department of Natural Resources and Environment by January 31 of the succeeding year. In the case mentioned in Point a Clause 3 Article 12 of this Circular, the hazardous waste source owner shall only submit one report within one month from the day on which the facility is shut down;
b) Submit extraordinary reports at the request of competent authorities.
7. Retain all copies of hazardous waste documents, reports on hazardous waste management, and relevant documents for 5 years in order to provide them for competent authorities on request.
8. Make paper documents simultaneously with online reports on the system of Vietnam Environment Administration or via email at the written request of competent authorities.
9. The reuse, recycle, treatment of hazardous wastes, or use of hazardous wastes for energy production must satisfy the technical requirements and procedures in Appendix 2 (A) enclosed herewith and be registered in the register of hazardous waste source owners.
Article 8. Technical requirements and procedures related to herbal ingredients for licensing hazardous waste management
1. The equipment for storage, transport, and treatment of hazardous wastes (including reuse, recycle, treatment of hazardous wastes) must satisfy the technical requirements and procedures in Appendix 2 (B) enclosed herewith.
2. Means of transport of hazardous wastes must have global positioning systems (GPS) and connected to the online network to find the locations and record the travel of hazardous wastes.
3. Each vehicle, each piece of equipment may only be registered for one License for hazardous waste treatment, except for means of sea, rail, and air transport.
4. Environmental protection works at the hazardous waste treatment facility and transit stations (if any) must satisfy the technical requirements and management procedures in Appendix 2 (B) enclosed herewith.
5. The entities applying for the license for hazardous waste treatment must establish procedures for safe operation of systems, vehicles, equipment; plans for pollution control, environmental protection, occupational safety, health protection, prevention of and response to accidents; annual training, pollution treatment, and environmental protection upon shutdown; programs for environment surveillance, treatment surveillance, and assessment of hazardous waste treatment according to the contents of Appendix 5 (B) enclosed herewith.
6. The entities applying for the license for hazardous waste treatment must make brief instruction sheets or diagrams about safe operation procedures mentioned in Clause 5 of this Article so they can be put up at convenient and noticeable positions on the vehicle, in the treatment facility and transit station (if any).
Article 9. Technical requirements and procedures applied to owners of hazardous waste management facilities
1. Owners of hazardous waste management facilities shall fulfill the duties prescribed in Article 12 of Decree No. 38/2015/ND-CP with regard to the technical requirements and procedures prescribed in clauses 2 to 13 of this Article.
2. Take management measure and responsibility for the operation of borrowed/rented vehicles during the transport of hazardous wastes; submit reports on change, extension, or termination of the contract related to the borrowed/rented vehicles within 15 working days from the date of change, extension, or termination of contract.
3. When participating in the domestic transport of hazardous wastes that are transported across the border, the owner of treatment facility shall cooperate with the hazardous waste source owner or the exporter that represents the hazardous waste source owner in complying with regulations of Basel Convention as prescribed in Article 22 of this Circular.
4. When the treatment facility wishes to use a vehicle that satisfy the technical requirements and management procedures in Appendix 2 (B) enclosed herewith but is not mentioned in the License for hazardous waste treatment, a report shall be submitted to the licensing authority for consideration. Within 15 working days, Vietnam Environment Administration shall make written response. Explanation must be provided if the request is rejected.
5. Making reports:
a) Submit annual reports on hazardous waste management according to the form provided in Appendix 4 (B) enclosed herewith within 01 months from the end of the reporting period;
b) Submit extraordinary reports at the request of competent authorities;
c) Submit reports to the licensing authority on changes of equipment, personnel (legal representative and the persons mentioned in Point a Clause 5 Article 9 of Decree No. 38/2015/ND-CP) or programs, plans enclosed with the License for hazardous waste treatment.
6. Keep a log of names, quantities, codes of hazardous wastes, transfer time, transferors, transferees of hazardous wastes; a log of operation of systems, vehicles, and equipment serving hazardous waste treatment; a log of quantity, quality, outlets of products obtained from recycling or treatment of hazardous wastes; make online documents to monitor the travel of vehicles by GPS and grant access to the licensing authority; create an automatic continuous monitoring database (if any).
7. If the owner of hazardous waste management facility is also the owner of solid domestic waste treatment facility or common solid industrial waste treatment facility, the reports, documents, and logs related to management of solid domestic wastes or common solid industrial wastes are integrated in the reports, documents, and logs of hazardous waste management.
8. When 02 entities seeks a cooperation in which one party is responsible for transport of hazardous wastes while the other is responsible for treatment (including facilities test running their hazardous waste treatment systems), the transferor or transferee must send a written request and the contract to the licensing authority for consideration and approval. If the contract is terminated, changed, or extended, a notice must be sent to the licensing authority for consideration. The licensing authority shall make a written response within 15 working days. Transfer shall be carried out between two parties under the contract approved by the licensing authority. Hazardous wastes must not be transferred to any third party.
9. Make paper documents simultaneously with online reports on the system of Vietnam Environment Administration or via email at the written request of Vietnam Environment Administration.
10. Retain all copies of hazardous waste documents, reports on hazardous waste management, and relevant documents for 5 years.
11. If the person in charge of management or professional training of the hazardous waste treatment facility as prescribed in Point a Clause 5 Article 9 of Decree No. 38/2015/ND-CP, the replacement must obtain the certificate of training in hazardous waste management within 06 months from the date of replacement.
12. After being delivered by the source owner, hazardous wastes must be transported to the treatment facilities in order to be treated with the licensed systems and equipment, unless they are transferred to another hazardous waste treatment facility as prescribed in Clause 3 or Clause 8 of this Article.
13. The licensed systems, vehicles, and equipment for transport and treatment of hazardous wastes, and environmental protection works at the treatment facility and transit station (if any) must satisfy must the satisfy technical requirements and procedures in Appendix 2 (B) enclosed herewith throughout their operation.
Article 10. Responsibility of Vietnam Environment Administration
1. Manage, inspect the fulfillment of conditions, the operation, contracts, reports, and documents relevant to the entities having the licenses for hazardous waste treatment or hazardous waste management issued by the Ministry of Natural Resources and Environment.
2. Send copies of licenses for hazardous waste treatment or Decisions on revocation of license issued by the Ministry of Natural Resources and Environment to People’s Committees of central-affiliated cities and provinces (hereinafter referred to as the People’s Committee of the province), Departments of Natural Resources and Environment of provinces where the licensed treatment facilities are located, and post them on the website of Vietnam Environment Administration.
3. Develop and operate the national database and information system about hazardous wastes; organize, provide guidance on registration of hazardous waste source owners, declaration of hazardous waste documents, and online submission of reports on hazardous waste management; organize the enhancement of information system or emails to send notices, instructions, and discussion with other entities during the process of issuance of licenses for hazardous waste treatment.
Article 11. Responsibility of Departments of Natural Resources and Environment
1. Perform the duties mentioned in Clause 1 and Clause 2 Article 14 of Decree No. 38/2015/ND-CP.
2. Manage the operation, contracts, reports, and documents related to the entities having licenses for hazardous waste management issued by the provincial governments.
3. Publish information about registers of hazardous waste source owners they issue on the web portal (if any).
4. Make the following reports:
a) Submit annual reports hazardous waste management (the form is provided in Appendix 4 (C) enclosed herewith) within 03 months from the end of the reporting period, including collection, transport, and treatment of hazardous wastes under the plans approved by the People’s Committees of provinces according to Article 23 and Article 24 of this Circular (if any);
b) Submit extraordinary reports on hazardous waste management at the request of the Minister of Natural Resources and Environment.
5. Offer opinions about issuance of licenses for hazardous waste treatment according to Clause 5 Article 17, Point b Clause 3 Article 18, and Clause 3 Article 19 of this Circular.
Tìm kiếm
Thông tư 36/2015/TT-BTNMT quản lý chất thải nguy hại (Bản Pdf)
Thông tư 36/2015/TT-BTNMT quản lý chất thải nguy hại (Bản Word)