How should used scalpel blades in healthcare facilities in Vietnam be collected and segregated in accordance with regulations?

How should used scalpel blades in healthcare facilities in Vietnam be collected and segregated in accordance with regulations? How much is the fine imposed upon a healthcare facility for using a hazardous waste warehouse that is not specified in the environmental license?

What are the regulations on segregation of used scalpel blades in healthcare facilities in Vietnam?

Pursuant to Point a, Clause 2, Article 4 of Circular 20/2021/TT-BYT:

Health-care waste classification
1. Hazardous health-care waste includes infectious waste and non-infectious hazardous waste.
2. Infectious waste includes:
a) Infectious sharps waste: needles, syringes with needles, intravenous line (IV) cannulas, puncture needles, acupuncture needles; scalpel blades, surgical nails, saws; used and disposed syringes, glass sharps, sharp objects, that is contaminated with or contains the human blood or pathogenic microorganisms;
...

Pursuant to Clauses 1 and 3, Article 6 of Circular 20/2021/TT-BYT:

Health-care waste segregation
1. Rules of health-care waste segregation:
a) Health-care wastes shall be segregated at the point and time of generation;
b) Each type of health-care waste shall be separately segregated into the packaging, tools, and equipment as prescribed in Article 5 of this Circular. In case the hazardous health-care wastes do not react with each other and are treated with the same method, segregate them into one containing packaging, tool, equipment (excluding infectious sharps waste);
c) In case the infectious wastes are mixed with other wastes, collect, store, and treat them as infectious wastes and keep handling them as after-treatment wastes.
...
3. Infectious wastes segregation:
a) Infectious sharps waste: put in the yellow puncture-proof trash can or container;
...

Thus, scalpel blades in healthcare facilities shall be segregated as follows:

- at the point and time of generation;

- into the packaging, tools, and equipment separately;

- In case the infectious wastes are mixed with other wastes, collect, store, and treat them as infectious wastes and keep handling them as after-treatment wastes;

- put in the yellow puncture-proof trash can or container.

What are the regulations on segregation of used scalpel blades in healthcare facilities in Vietnam? (Image from the Internet)

Vietnam: How much is the fine imposed upon a healthcare facility for using a hazardous waste warehouse that is not specified in the environmental license?

Pursuant to Point d, Clause 2, Article 31 of Decree 45/2022/ND-CP:

Offences against regulations on environmental protection relating to hazardous waste treatment and implementation of environmental licenses including hazardous waste treatment
...
2. A fine ranging from VND 20,000,000 to VND 50,000,000 shall be imposed for any of the following offences:
...
d) Using a hazardous waste warehouse that is not specified in the environmental license, except for the case specified in point c clause 3 of this Article;
...

Pursuant to Clause 2, Article 6 of Decree 45/2022/ND-CP:

Fines and power to impose penalties
...
2. Fines for administrative offences prescribed in Chapter II herein are the ones for the administrative offences committed by individuals. The fine incurred by an organization is twice as much as that incurred by an individual for the same offence.
...

Using a hazardous waste warehouse that is not specified in the environmental license, unless otherwise specified, is an offence against regulations on environmental protection relating to hazardous waste treatment and implementation of environmental licenses including hazardous waste treatment.

A healthcare facility using a hazardous waste warehouse that is not specified in the environmental license, unless otherwise specified, shall be imposed a fine which is twice as much as that incurred by an individual for the same offence.

Therefore, a fine ranging from VND 40,000,000 to VND 100,000,000 shall be imposed for using a hazardous waste warehouse that is not specified in the environmental license, unless otherwise specified.

Do Chief Inspectors of provincial Departments of Natural Resources and Environment of Vietnam have the power to impose a fine for a healthcare facility using a hazardous waste warehouse that is not specified in the environmental license?

Pursuant to Clause 2, Article 58 of Decree 45/2022/ND-CP:

Power to impose penalties for administrative offences of natural resources and environment inspecting authorities
....
2. Chief Inspectors of provincial Departments of Natural Resources and Environment, Chiefs of Specialized Inspectorates of provincial Departments of Natural Resources and Environment and Vietnam Environment Administration have the power to:
a) issue warnings;
b) impose a maximum fine of VND 50,000,000;
...

Pursuant to Clause 3, Article 6 of Decree 45/2022/ND-CP:

Fines and power to impose penalties
...
3. The maximum fines the persons specified in Articles 56 to 67 of this Decree may impose are fines for one administrative offence committed by an individual. In case of imposition of a fine, the power to impose such fine on a violating entity shall be 02 times higher than that on a violating individual.
...

Thus, Chief Inspectors of provincial Departments of Natural Resources and Environment have the power to impose a maximum fine of VND 100,000,000.

Chief Inspectors of provincial Departments of Natural Resources and Environment have the power to impose a fine for a healthcare facility using a hazardous waste warehouse that is not specified in the environmental license.

Thư Viện Pháp Luật

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