The technical requirements and procedures for hazardous waste management of owners in Vietnam

The technical requirements and procedures for hazardous waste management of owners in Vietnam (Image from the Internet)

The technical requirements and procedures for hazardous waste management of owners are specified in Article 7 of Circular 36/2015/TT-BTNMT on management of hazardous wastes issued by the Minister of Natural Resources and Environment, as follows:

1. Hazardous waste source owners shall fulfill the duties prescribed in Article 7 of Decree No. 38/2015/ND-CP with regard to the technical requirements and procedures prescribed in Clauses 2 to 9 of this Article.

2. Prepare an area for storage of hazardous wastes; store hazardous wastes in packages or storing devices that satisfy technical requirements and management procedures in Appendix 2 (A) enclosed herewith.

3. Requirements for transfer of hazardous wastes:

A) Only sign contract to transfer hazardous wastes to entities having legitimate licenses for hazardous waste treatment or hazardous waste management;

b) When exporting hazardous wastes for overseas treatment, the source owner must comply with Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (hereinafter referred to as Basel Convention) according to Article 23 of this Circular.

4. Use the documents provided in Appendix 3 enclosed herewith for every transfer of hazardous wastes, except for the following cases:

a) Reuse, treatment, recycling of hazardous wastes within the premises of the facility;

b) The case mentioned in Clause 4 Article 24 of this Circular.

5. Within 06 months from the transfer date, if the last two copies of the documents are not received without acceptable explanation in writing from the transferee, the hazardous waste source owner shall send a report to the Department of Natural Resources and Environment of the province or Vietnam Environment Administration as prescribed by law.

6. Making and submitting reports:

a) Make annual reports on hazardous waste management (the reporting period is from January 01 to December 31) using the form provided in Appendix 4 (A) enclosed herewith and submit them to the Department of Natural Resources and Environment by January 31 of the succeeding year. In the case mentioned in Point a Clause 3 Article 12 of this Circular, the hazardous waste source owner shall only submit one report within one month from the day on which the facility is shut down;

b) Submit extraordinary reports at the request of competent authorities.

7. Retain all copies of hazardous waste documents, reports on hazardous waste management, and relevant documents for 5 years in order to provide them for competent authorities on request.

8. Make paper documents simultaneously with online reports on the system of Vietnam Environment Administration or via email at the written request of competent authorities.

9. The reuse, recycle, treatment of hazardous wastes, or use of hazardous wastes for energy production must satisfy the technical requirements and procedures in Appendix 2 (A) enclosed herewith and be registered in the register of hazardous waste source owners.

Above is the consulting content.