From 2022, what are the environmental protection conditions for the import of used ships in Vietnam?
Who are permitted to import used ships in Vietnam?
Pursuant to Clause 1 Article 43 of Decree No. 08/2022/NĐ-CP:
"Entities permitted to import used ships for breaking shall comply with the Government’s regulations on import and breaking of used ships."
Also according to Article 2 of Decree No. 82/2019/NĐ-CP, importers of used ships for breaking include domestic and foreign organizations and individuals engaging in the import and breaking of used ships.
What are environmental protection conditions for importing used ships for breaking?
Environmental protection conditions regarding infrastructure to be satisfied by a ship breaking facility in Vietnam
Pursuant to Clause 2 Article 43 of Decree No. 08/2022/NĐ-CP regarding environmental protection conditions regarding infrastructure to be satisfied by a ship breaking facility:
- There are specialized ship breaking areas and equipment fit for each type of ship and ship weight and it is certain that untreated and unmanaged waste cannot leak or disperse outside the breaking area to cause water, soil and air pollution;
- There is an area for storage of materials and equipment after breaking with a foundation height to avoid flooding; the floor must ensure tightness, have no cracking and be made of a waterproofing material and durable enough to withstand the load of the highest amount of materials and equipment. If a storage yard is used, a system of collection and treatment of rainwater overflow satisfying environmental technical regulations on environment must be provided;
- There is an area for storage of hazardous waste; area for storage of normal industrial solid waste and domestic solid waste produced during ship breaking which meets the prescribed requirements
- Waste and scrap treatment measures should be in place during the breaking of a used ship as follows:
+ Collect fuel, oil, bilge water, ballast water, other liquids and other flammable or explosive materials. Provide air ventilation, provide enough oxygen for enclosed spaces on the ship (such as cargo holds, double bottoms, storage tanks) to ensure safe working conditions. This process must be maintained throughout the breaking process;
+ Remove asbestos and PCBs: Before cutting the ship into parts, it is required to remove, collect and transport asbestos and PCBs out of the cutting positions. After the parts of the ship are brought ashore, it is required to keep collecting all of remaining asbestos and PCBs when it is easily accessible. Asbestos removal and collection areas should be enclosed to reduce the spread of asbestos fibers to the surrounding environment and prevent unauthorized entry. Asbestos must be moistened before and during the removal process. At least 02 workers equipped with personal protective equipment must be in place to remove asbestos, including 01 person who is responsible for moistening and 01 person who is responsible for removing asbestos. The asbestos removal area on the shore must be located in a separate area with the same process;
+ After being removed, asbestos must be contained in sealed special packaging, with at least 02 layers, then transported to hazardous waste storage and transferred for handling as per the law;
+ Liquid waste containing PCBs must be stored in rigid packaging or storage equipment placed on the lifting plates and not allowed to be stacked. The storage area of waste containing PCBs (in solid or liquid form) must be isolated from other waste and safety is assured before being transferred for treatment as prescribed;
+ Oil and fuel must be pumped to separate tanks or containers (not mixed) before being transported to storage areas and transferred for treatment as prescribed;
+ For non-metallic materials removed from metals, they must be identified, classified and disposed of according to waste management regulations;
+ Radioactive waste produced from the breaking process must be collected, stored, treated and managed in accordance with regulations on management of used radioactive waste and radiation sources in accordance with regulations of law on atomic energy;
+ After completing the breaking of a ship, within 45 days, the facility shall transfer entire hazardous waste and industrial waste subject to mandatory treatment to the competent authority as prescribed.
- Every ship breaking facility must apply environment management system in accordance with Vietnam’s Standard ISO 14001 or certified ISO 14001.
Environmental protection conditions applicable to used ships imported for breaking in Vietnam
Pursuant to Article 44 of Decree No. 08/2022/NĐ-CP:
"Article 44. Environmental protection conditions applicable to used ships imported for breaking
1. Used ships imported for breaking shall satisfy requirements concerning types permitted to be imported in compliance with the Government’s regulations on import and breaking of used ships.
2. A ship imported for breaking shall satisfy the following requirements:
a) Radioactive waste and radiation sources must not exceed the permissible limits in accordance with regulations of law on atomic energy;
b) C.F.C gas in equipment must be recovered before being imported into Vietnam;
c) Ballast water must not contain invasive alien species or potentially invasive species on the list promulgated by MONRE;
d) The ship does not contain weapons, ammunition and explosives;
dd) All goods stored on the ship have been removed.
3. The environmental technical regulation on used ships imported for breaking shall be complied with. The certification of conformity with national technical regulations on environment for used ships imported for breaking shall be carried out by a certification body in accordance with regulations of law on products and goods."
The aforementioned environmental protection conditions must be satisfied to import used ships for breaking
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