The power to issue certificates of eligibility for environment protection in import of scrap in Vietnam
What are the current regulations on the power and procedures to issue, reissue, and revoke certificates of eligibility for environment protection in import of scrap in Vietnam? Please get back to me.
The power to issue certificates of eligibility for environment protection in import of scrap in Vietnam (Image from the Internet)
Legal grounds:
- Clause 30, Article 3 of Decree 40/2019/ND-CP takes effect from July 1, 2019.
- Article 56 of Decree 38/2015/ND-CP.
Power and procedures to issue, reissue, and revoke certificates of eligibility for environment protection in import of scrap according to the latest regulations of current law are as follows:
- The Ministry of Natural Resources and Environment shall issue, reissue, and revoke certificates of eligibility for environment protection in import of scrap used as production materials (hereinafter referred to as Certificate).
- Required documents in an application for issuance of Certificate:
+ An application form using form No. 01 Appendix VI Section III issued herewith;
+ A report on eligibility for environment protection in import of scrap used as production materials using form No. 02 Appendix VI Section III issued herewith;
+ A copy of business registration certificate or enterprise registration certificate; TIN registration certificate;
+ A copy of decision on approval for EIA report;
+ A copy of inspection result of waste treatment works for the project owner to carry out commissioning issued by the provincial environment protection authority as prescribed in Point a Clause 6 Article 16b of Government’s Decree No. 18/2015/ND-CP (applies solely to projects which have been undergoing commissioning phase);
+ A copy of inspection result of commissioning of waste treatment works issued by the provincial environment protection authority as prescribed in Point d Clause 6 Article 16b of Government’s Decree No. 18/2015/ND-CP (applies solely to projects which have just completed commissioning phase);
+ A copy of one of the following documents: confirmation of completion of environment protection works or license for hazardous waste treatment or certificate of eligibility for environment protection in import of scrap of the applicant for reissuance of Certificate;
+ A copy of contract for transfer of treatment of impurities and waste with a qualified organization (if the facility has no technology or equipment to treat impurities accompanying imported scrap and waste);
+ A commitment to re-export, treat, or dispose of violating imported scrap using form No. 03 Appendix VI Section III issued herewith.
- Procedures for verification, time limit, issuance of Certificate
+ The importer of scrap used as production materials shall prepare e-documents (application for issuance of Certificate prescribed in Clause 2 of this Article) and send them to the Ministry of Natural Resources and Environment via national single-window system. Procedures for initiation, receipt, exchange, response, and giving of administrative procedure processing result in this Clause shall be done via national single-window system and specialized system of the Ministry of Natural Resources and Environment in accordance with regulations on administrative procedures via National Single Window, ASEAN Single Window and specialized inspection of exported goods and imported goods;
+ Within 5 working days from the day on which the valid and complete application is received, the receiving body or the authorized body shall set up an inspectorate to inspect eligibility for environment protection in import and use of imported scrap used as production materials as prescribed in Article 56 hereof. If the application is insufficient, the receiving body or the authorized body shall notify the applicant of completion and provide explanation.
The inspectorate shall conduct an inspection visit, take and analyze waste sources generating from the project, facility for assessment (take and analyze composite samples for assessment in case of necessity). The cost incurred in taking and analysis of samples shall be covered by the fee for issuance of Certificate; if the composite sample is taken, cost incurred shall be covered by the applicant. The inspection result shall be expressed in a report;
+ If the importer meets the conditions for environment protection as prescribed, the competent authority shall consider issuing a Certificate; if not, the competent authority shall notify the applicant of completion of the application and fulfill the eligibility conditions for environment protection. The applicant shall complete the application and send the completed application to the competent authority for consideration; in case of necessity, the competent authority shall re-verify conditions for environment protection and consider issuing the Certificate;
+ Time limit for issuance of Certificate is 25 working days from the day on which the valid and complete application is received; time limit for issuance of Certificate is 20 working days from the day on which the valid and complete application is received. The above time limit does not include the time limit for completion of application and analysis of waste samples;
+ The Certificate is valid for 5 years using Form No. 04 Appendix VI Section III issued herewith.
Regarding new projects, the procedure for issuance of Certificate shall replace the procedure for inspection and certification of completion of environment protection works. The Certificate shall replace confirmation of completion of environment protection works.
Regarding hazardous waste treatment facilities and projects having the phase of production, recycling, reuse of scrap as production materials, the procedure for issuance of the Certificate shall be combined with the procedure for issuance of the license for hazardous waste treatment. The licensing agency shall issue both Certificate and license for hazardous waste treatment.
- Procedures for inspection, time limit for issuance of Certificate in case of projects of commissioning of waste treatment works
+ The importer of scrap used as production materials shall prepare e-documents (application for issuance of Certificate prescribed in Points a, b, c, d, dd, h, and I Clause 2 of this Article) and send them to the Ministry of Natural Resources and Environment via national single-window system. Procedures for initiation, receipt, exchange, response, and giving of processing administrative procedure results in this Clause shall be carried out in accordance with Point a Clause 3 of this Article;
+ Within 15 working days, from the day on which the valid and complete application is received, the competent authority shall consider issuing a Certificate; if the application is unsatisfactory, the receiving body shall notify the applicant of completion and fulfill the eligibility conditions for environment protection; in case of necessity, the competent authority shall conduct an inspection visit to waste treatment works before issuing the Certificate;
+ The Certificate is valid for 1 year in order for the project of commission of waste treatment works using Form No. 04 Appendix VI Section III issued herewith.
- 90 days before the expiry date of the Certificate, the applicant must submit the application prescribed in Points a, b, c, d, g, h and I Clause 2 hereof for reissuance of the Certificate. Procedures for inspection, reissuance of Certificate shall be carried out as prescribed in Clause 3 of this Article.
- If the Certificate is lost or damaged, the applicant shall request the issuing authority in writing to issue a copy of Certificate.
- Certificate shall be revoked in the following cases:
+ A violation against regulations on environment protection is so serious that the Certificate may be suspended or the operation may be mandatorily suspended as prescribed by the Government on penalties for administrative violations in environment protection and has not completed the rectification of violation consequences;
+ The importer of scrap must terminate the import of scrap as production materials or goes bankrupt and is dissolved.
- The licensing agency of a Certificate shall issue a decision on revocation of such Certificate, specifying the name of importer whose Certificate is revoked, bases and reasons for revocation and remedial measures enclosed if the importer has not fulfilled responsibilities as prescribed in Article 63 hereof.
- The agency which issues, reissues or revokes a Certificate and the competent person who impose a decision on penalty for administrative violation on the importer of scrap in form of suspension of the Certificate or mandatory suspension of operation shall publish such information on their website, and send the original of Certificate, revocation decision and penalty decision to:
+ National single-window system;
+ The Ministry of Finance (the General Department of Customs);
+ The environmental protection authority of province where the manufacturer using imported scrap as production materials is located;
+ The licensing agency of Certificate in case of penalty for violation;
+ The holder of Certificate.
- The Ministry of Natural Resources and Environment shall provide guidelines for inspection and issuance of Certificates; regulations on environment monitoring techniques prescribed in this Article.
Above is the consulting content.
