What are the physical matters subject to sea dumping in Vietnam? What are the application dossiers for issuance of sea dumping permit in Vietnam?
What are the physical matters subject to sea dumping in Vietnam?
Pursuant to Clause 14, Article 3 of the 2015 Law on Natural Resources and Environment of Sea and Islands in Vietnam stipulating sea dumping as follows:
Sea dumping means intentional plunging or emptying into the sea all physical objects, matters subject to dumping at the sea as prescribed hereof.
Pursuant to the provisions of Article 58 of the 2015 Law on Natural Resources and Environment of Sea and Islands in Vietnam as follows:
Physical matters subject to sea dumping in Vietnam
1. Physical matters subject to sea dumping must satisfy the following requirements:
a) Do not contain radioactive substances, or toxins beyond regulations on radiation safety engineering and Technical regulations on environment;
b) Treated to meet Technical regulations on environment and ensure not to adversely affect human health, environment, ecosystem and aquatic resources;
c) Unable to be dumped, stored or treated on mainland or dumping, storage and treatment on mainland do not bring about socio-economic efficiency;
d) Belong to the list of physical matters subject to sea dumping;
2. The list of physical matters subject to sea dumping shall be prescribed by the Government.
At the same time, according to the provisions of Article 60 of Decree No. 40/2016/ND-CP, physical matters subject to sea dumping must satisfy the following requirements:
- Do not contain radioactive substances, or toxins beyond regulations on radiation safety engineering and Technical regulations on environment;
- Treated to meet Technical regulations on environment and ensure not to adversely affect human health, environment, ecosystem and aquatic resources;
- Unable to be dumped, stored or treated on mainland or dumping, storage and treatment on mainland do not bring about socio-economic efficiency;
- Belong to the list of physical matters subject to sea dumping:
+ Dredged materials.
+ Sewage sludge.
+ Fish wage or material resulting from industrial fish processing operation.
+ Vessels and platforms or man-made structures at sea.
+ Inert geological materials and inorganic matters.
+ Natural organic matters.
+ Non-poisonous bulky items which are mainly made of iron, steel, concrete and similar materials but there is no disposal method better than dumping in a specific condition or circumstance.
+ Carbon dioxide (CO2) which is captured and stored.
What are the physical matters subject to sea dumping in Vietnam? What are the application dossiers for issuance of sea dumping permit in Vietnam? (Image from the Internet)
What are the application dossiers for issuance of sea dumping permit in Vietnam?
Pursuant to the provisions of Clause 1, Article 54 of Decree No. 40/2016/ND-CP, the application dossiers for issuance of sea dumping permit consists of:
- The application form for issuance of sea dumping permit using Form No. 04 stated in the Annex herein;
- The sea dumping plan using Form No. 03 stated in the Annex herein;
- The copy accompanied by the original for comparison or the certified copy of the environmental impact assessment report approved by competent authority in accordance with the laws.
- The copy accompanied by the original for comparison or the certified copy of the business registration certificate (if the applicant is an enterprise);
- The map of the sea area for carrying out dumping activities.
What are the procedures for issuance of sea dumping permit in Vietnam?
Pursuant to the provisions of Article 57 of Decree No. 40/2016/ND-CP stipulating the procedures for issuance of sea dumping permit as follows:
Application receipt:
- The applicant for issuance/ reissuance/ extension/ adjustment/return of sea dumping permit shall submit 02 sets of application dossiers to the application-receiving authority. If the application is submitted by post, the date of receiving application shall be the date on which it is delivered by the post office to the application-receiving authority;
- The application-receiving authority shall check the application elements and contents.
Within 01 working day from the date on which the valid application is received, the application-receiving authority shall grant an application receipt note giving an appointment to process the application.
Within 03 working days from the date on which the application is received, if the application is invalid as referred to by law, the application-receiving authority shall give a written instruction to the application for complete the application.
The application shall be appraised according to the following procedures:
From the date on which the application receipt note is granted, within 60 days if the application for issuance of sea dumping permit is submitted, the application-receiving authority shall discharge the following responsibilities:
- Complete the appraisal of the application according to the contents stated in Article 56 of Decree No. 40/2016/ND-CP; the appraisal result must be recorded in writing.
The application-receiving authority may, if necessary, ask for written suggestions of relevant agencies or carry out the field inspection (the period for collecting suggestions or carrying out the field inspection shall be accounted into the appraisal period).
Agencies that are asked for suggestions shall, within 20 days from the receipt of the written request for suggestion, give written response to relevant matters;
- Send written request to the applicant for completing the application according to appraisal results, if the application requires a modification.
The application shall be submitted to competent authorities for settlement according to the following procedures:
- Within 07 working days from the date on which the valid application is submitted, the application-receiving authority shall submit that application to the authority competent to issue sea dumping permit;
- Within 07 working days from the date on which the valid application is submitted by the application-receiving authority, the authority competent to issue sea dumping permit shall consider and make decision on issuance/re-issuance/extension/adjustment/return of sea dumping permit.
If the application is rejected, written reasons shall be given to the applicant.
Giving notice and returning results
Within 03 working days from the date on which the authority competent to issue sea dumping permit gives the application processing results, the application-receiving authority shall be responsible for informing the applicant of receiving the application processing results and performing relevant obligations as referred to by law and sending sea dumping permit to relevant regulatory bodies.
Nguyễn Thị Hồng Nhung