Chương VI Thông tư 36/2015/TT-BTNMT quản lý chất thải nguy hại: Điều khoản thi hành

Chapter VI

IMPLEMENTATION

Article 35. Transition clauses

1. Registration numbers of hazardous waste source owners issued before the effective date of this Circular are still effective unless they have to be reissued in the case mentioned in Clause 2 Article 6 of Decree No. 38/2015/ND-CP.

2. Licenses for hazardous waste management issued before the effective date of this Circular are still effective until their expiration date. Entities that have licenses for hazardous waste treatment or destruction or licenses for hazardous waste management are considered having completed inspection procedures and environmental protection works for the items related to hazardous waste treatment.

3. Applications for registration of hazardous waste source owner, issuance, extension, adjustment of licenses for hazardous waste management received before the effective date of this Circular are still effective according to regulations of law applicable at the time of receipt.

4. Entities having licenses for hazardous waste management must comply with Article 9 of this Circular (except for Clause 11) and satisfy the following requirements:

a) Apply National Standard for environment management system by June 15, 2017;

b) Fully, systematically, and uniformly take environment management measures according to documents of the applications bearing the seal of the licensing authority and licenses for hazardous waste management. These documents are the basis for environmental monitoring, management and inspection of owners of hazardous waste management facilities;

c) Supervise the operation of hazardous waste transport agents; take responsibility for violations against regulations on environmental protection and hazardous waste management committed by such agents. Send reports of the licensing authority on changes, renewal, or termination of agent contracts within 15 days from the occurrence of such event.

5. Entities having licenses for hazardous waste movement must comply with Article 9 of this Circular (except for Clause 11) and satisfy the following requirements:

a) Sign tripartite contracts with the hazardous waste source owners, hazardous waste treatment/management/destruction facility owners for transfer of hazardous wastes, or sign contracts with waste source owners which are witnessed and confirmed by the hazardous waste treatment/management/destruction facility owner;

b) Adhere to the application for registration of hazardous waste movement services which bears the seal of the licensing authority and the license for hazardous waste movement services. These documents are the basis for environmental monitoring, management and inspection of owners of hazardous waste movement facilities.

6. Entities having licenses for hazardous waste treatment/destruction must comply with Article 9 of this Circular (except for Clause 11 and technical requirements, management procedures related to hazardous waste movement if they do not have the license for hazardous waste movement services) and adhere to the application for registration of hazardous waste treatment/destruction services which bears the signature of the licensing authority and the license for hazardous waste treatment/destruction These documents are the basis for environmental monitoring, management, and inspection of owners of hazardous waste treatment/destruction facilities.

Article 36. Effect and responsibility for implementation

1. This Circular comes into force from September 01, 2015; Circular No. 12/2011/TT-BTNMT dated April 14, 2011 of the Minister of Natural Resources and Environment on hazardous waste management is annulled from the effective date of this Circular.

2. Ministers, Heads of ministerial agencies, the People’s Committees of provinces, Directors of Departments of Natural Resources and Environment of provinces, and relevant entities are responsible for the implementation of this Circular.

3. Vietnam Environment Administration has the responsibility to provide guidance, inspect, and monitor 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 for consideration./.