How is a License for hazardous waste treatment in Vietnam issued?

What are the current regulations on the issuance of a License for hazardous waste treatment in Vietnam? Please get back to me.

How is a License for hazardous waste treatment in Vietnam issued? (Image from the Internet)

Legal grounds:

- Clause 3, Article 3 of Decree 40/2019/ND-CP takes effect from July 1, 2019.

- Article 10 of Decree 38/2015/ND-CP.

Licensing hazardous waste treatment according to the latest regulations of current law is as follows:

- An entity having a hazardous waste treatment project or facility environment protection works of which have been completed according to the decision on approval for EIA report and meet the conditions stipulated in Article 9 of this Decree shall make an application for licensing hazardous waste treatment and submit it to the competent authority as prescribed in Clause 2 hereof.

- The Ministry of Natural Resources and Environment shall be competent agencies in licensing hazardous wastes treatment on a national scale.

- A License for hazardous waste treatment shall specify ​​operation areas, number and types of hazardous waste permitted to treat, the vehicles, system, equipment for the transport and treatment of hazardous waste (including pre-processing, recycling, co-treatment, recovery of energy), other requirements for hazardous waste treaters.

- The validity period for the license for hazardous waste treatment shall be 05 years from the date of issuance.

- The license for hazardous waste treatment shall replace confirmation of completion of environment protection works; if the hazardous waste treatment facility uses imported scrap as production materials, the application for certificate of eligibility for environment protection in import of scrap as production materials may be prepared in conjunction with the application for license for hazardous waste treatment at the request of the project -or facility owner. Procedures for inspection and certification of completion of environment protection works and procedures for inspection and issuance of certificate of eligibility for environment protection in import of scrap as production materials shall be carried out as similarly as the procedures for inspection and issuance of license for hazardous waste treatment.

- During the consideration and issuance of the license for hazardous waste treatment, the licensing agency shall establish an inspectorate to visit the hazardous waste treatment facility as the basis for considering approving the commissioning. The approval for commissioning shall be regarded as a base for relevant entities to conclude contracts of collection, transportation and treatment of hazardous waste serving the commissioning provided that the total quantity of waste collected, transported and treated cannot exceed the treatment capacity of the project. The commissioning shall be carried out in accordance with Article 16b of the Government’s Decree No. 18/2015/ND-CP.

- Time limit for inspection of and approval for commissioning of the hazardous waste treatment project is 10 working days from the day on which the valid and complete application is received. Time limit for verification and issuance of license for hazardous waste treatment is 25 working days from the day on which the valid and complete application is received. The aforesaid time limit exclude the time in which the applicant completes the application at the request of the licensing agency.

- Costs incurred in issuance of licenses for hazardous waste treatment shall be covered by the assessment fees for licenses for hazardous waste treatment.

- The Ministry of Natural Resources and Environment shall specify the procedures for licensing hazardous waste treatment.

Above is the consulting content.

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