Chapter IV
SOME SPECIAL CASES
Article 22. Transboundary movement of hazardous wastes
1. An application for Transboundary movement of hazardous wastes consists of:
a) An application form provided in Appendix 8 (A) enclosed herewith;
b) 01 copy of the contract for hazardous waste treatment with the hazardous waste treatment unit in the country of import;
c) 01 notification document for Transboundary movement in English under Basel Convention (http://www.basel.int/techmatters/forms-notif-mov/vCOP8.pdf).
2. An application for Transboundary movement of hazardous wastes consists of:
a) The applicant shall submit 02 sets of application prescribed in Clause 1 of this Article to Vietnam Environment Administration, which is the Basel Convention authority in Vietnam (or the national web portal);
b) Within 10 working days, Vietnam Environment Administration shall examine the completeness and legitimacy of the application, and request the applicant to complete it if it is not satisfactory;
c) Within 10 working days from the receipt of the complete and legitimate application, Vietnam Environment Administration shall send a written notice and 01 notification document of Transboundary movement in English to the Basel Convention authority of the country of import and country of transit (if any) as prescribed by Basel Convention;
d) Within 20 working days from the day on which the Basel Convention authority of the country of import and country of transit (if any) gives a response, Vietnam Environment Administration shall issue a written approval (the template is provided in Appendix 8 (B) enclosed with this Circular). If the application is rejected, Vietnam Environment Administration shall gives a written response and provide explanation.
3. The movement of hazardous wastes to the border checkpoint must be done by entities having the license for hazardous waste treatment or license for hazardous waste management.
4. After Vietnam Environment Administration issues an approval for export of hazardous wastes, the applicant shall compile at least 02 sets of movement documents in English for each shipment of hazardous wastes that are permitted to be exported (www.basel.int/pub/move.pdf).
5. After hazardous wastes are treated, the entity permitted by Vietnam Environment Administration to export hazardous wastes shall retain 01 set of documents and send 01 set certified by the overseas treatment unit to Vietnam Environment Administration.
Article 23. Collection, transport, and treatment of hazardous medical wastes
1. Packages, storage devices, storage areas, transit areas, means of transport, systems and equipment for treating hazardous medical wastes must satisfy technical requirements and procedures in Appendix 2 (A) and Appendix 2 (B) enclosed herewith.
2. The Department of Natural Resources and Environment shall formulate a plan for collection, transport, and treatment of local hazardous medical wastes according to local conditions and regulations of law on environmental protection, then submit it to the People’s Committee of the province; the People’s Committee of the province shall submit reports to the Ministry of Health on the approved plan.
3. The plan for collection, transport, and treatment of hazardous medical wastes mentioned in Clause 2 of this Article must contain the following information:
a) Location, model of hazardous medical waste treatment;
b) Scope, method of collection and transport of hazardous medical wastes;
c) Information about entities participating in collection, transport, and treatment of hazardous medical wastes;
d) Relevant issues.
4. The logbook of delivery of hazardous medical wastes shall be used instead of hazardous waste documents if permitted in the plan for collection, transport, and treatment of hazardous medical wastes of the People’s Committee of the province.
5. The owner of hazardous waste treatment facility or management facility that wishes to participate in the plan mentioned in Clause 2 of this Article but beyond the ambit of the issued license must notify the licensing authority advance.
Article 24. Collection, movement, storage, transit of hazardous wastes by vehicles/equipment not written on license for hazardous waste treatment
1. The Department of Natural Resources and Environment shall formulate a plan for collection, transport, storage, transit of hazardous wastes of hazardous waste source owners that generate less than 600 kg/year or those in remote areas or areas that do not allow them to directly move, store, or transit hazardous wastes by the vehicles/equipment written on the hazardous wastes, then submit it to the People’s Committee of the province for approval. Hazardous wastes from the aforementioned hazardous waste source owners must be treated by entities having appropriate licenses for hazardous waste treatment.
2. The People’s Committee of the province shall send the approved plan mentioned in Clause 1 of this Article to the Ministry of Natural Resources and Environment.
3. The use of vehicles/equipment not written on the license for hazardous waste treatment to move, store hazardous wastes that cannot be treated in Vietnam or under international agreements to which Socialist Republic of Vietnam is a signatory, it is required to submit a report to the licensing authority for consideration on a case-by-case basis. Within 15 working days, the licensing authority shall make a written response. Explanation shall be provided in case of disapproval.
Article 25. Reuse of hazardous wastes
Hazardous wastes may only be reused within the premises of the facility where they are generated and the reuse must be registered in the register of hazardous waste source owner.
Article 26. Collection, movement of hazardous wastes from offshore petroleum works to the mainland
1. The entities that collect, move hazardous wastes from offshore petroleum works to the mainland by the vehicles not written on their license for hazardous waste treatment prescribed in Clause 3 Article 8 of Decree No. 38/2015/ND-CP must satisfy the following requirements:
a) The packages, storage devices, storage areas, transit areas, vehicles for moving hazardous wastes must satisfy requirements in Appendix 2 (B) enclosed herewith;
b) There is a contract to transfer hazardous wastes with a holder of license for hazardous waste treatment or license for hazardous waste management;
c) There is a plan for collection, transport, movement of hazardous wastes and a list of vehicles.
2. The entities mentioned in Clause 1 of this Article must obtain written approval from the licensing authority in advance. Within 15 working days, the licensing authority shall make a written response. Explanation shall be provided in case of disapproval.
Article 27. Research and development of hazardous waste treatment technologies in the laboratory
1. Entities engaged in research and development that wish to receive hazardous wastes for testing or evaluation of technologies in the laboratory shall submit explanation and test run plans (the same template in Appendix 5 (C) enclosed herewith) to the Ministry of Trade for approval.
2. The aforementioned entity may only receive hazardous wastes suitable for the testing from owners of hazardous waste treatment facilities or hazardous waste management facilities. The vehicles used for movement of hazardous wastes must satisfy requirements in Appendix 2 (B) enclosed herewith and be written on the written approval for the test run plan issued by the Ministry of Natural Resources and Environment. Within 15 working days, the Ministry of Natural Resources and Environment shall make written response. Explanation must be provided in case of disapproval.
3. The test run period shall not exceed 06 months. If the test run period needs to be extended, a report shall be submit to the Ministry of Natural Resources and Environment. Each extension shall exceed 06 months and no more than 03 extensions shall be granted. A report shall be submitted to the Ministry of Natural Resources and Environment after the test run is completed.
Article 28. Other cases
The following activities are note movement, treatment of hazardous wastes and are not subject to issuance of the license for hazardous waste treatment:
1. Movement, maintenance, repair of vehicles, equipment, products that are unexpired and are not classified as wastes by the waste source owner and still serve their initial purposes.
2. Movement of samples of hazardous wastes for analysis.
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)