What are the groups of environmental technical regulations on waste management in Vietnam?

What are the groups of environmental technical regulations on waste management in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is technical regulation on environment?

Technical regulation on environment means a regulation requiring mandatory application of limits of parameters regarding environmental quality, concentration of pollutants in raw materials, fuels, materials, equipment, products, goods and waste, and technical and managerial requirements.

(Clause 10, Article 3 of the Law on Environmental Protection 2020)

2. What are the groups of environmental technical regulations on waste management in Vietnam?

According to Clause 3, Article 97 of the Law on Environmental Protection 2020, environmental technical regulations on waste management includes:

(1) Environmental technical regulations on hazardous waste;

(2) Environmental technical regulations on solid waste landfills;

(3) Environmental technical regulations on works and equipment for in situ wastewater treatment;

(4) Environmental technical regulations on waste incinerators;

(5) Environmental technical regulations on waste co-processing;

(6) Other environmental technical regulations on equipment for waste treatment and recycling.

Thus, there are 06 groups of environmental technical regulations on waste management.

3. Regulations on formulation, appraisal and promulgation of environmental technical regulations in Vietnam

Specifically, Article 102 of the Law on Environmental Protection 2020 stipulates formulation, appraisal and promulgation of environmental technical regulations as follows:

- Power and procedures for formulating and promulgating national and local environmental technical regulations must comply with regulations of law on standards and technical regulations.

- The Ministry of Natural Resources and Environment shall:

+ formulate and promulgate national environmental technical regulations;

+ preside over and cooperate with the Ministry of Transport in requesting the Prime Minister to promulgate a roadmap for application of national standards and technical regulations on emissions of motor vehicles operating in Vietnam.

- Ministries and ministerial agencies shall promulgate standards, technical regulations or technical guidance on recycling, reuse and use of waste as raw materials and materials for production, business operation and service provision under their management after obtaining comments of the Ministry of Natural Resources and Environment.

- The Ministry of Science and Technology shall carry out appraisal of environmental technical regulations in accordance with regulations of law on standards and technical regulations.

- If the ambient environment quality fails to achieve the objectives for environmental protection, the provincial People’s Committee shall promulgate a local environmental technical regulation on waste within 02 years from the date of promulgating the national environmental technical regulation.

3. Principles of environmental protection in Vietnam

Principles of environmental protection specified in Article 4 of the Law on Environmental Protection 2020, are as follows:

- Environmental protection is the right, obligation and responsibility of every agency, organization, residential community, household and individual.

- Environmental protection serves as a basis, key factor and prerequisite for sustainable socio-economic development. Environmental protection activities are associated with economic development and natural resource management, and considered and assessed in the process of carrying out development activities.

- Environmental protection harmonizes with social security, protection of children’s right, promotion of gender equality and protection of the human right to live in a pure environment.

- Environmental protection activities are carried out in a regular, public and transparent manner; priority is given to prediction and prevention of environmental pollution, emergencies and degradation, environmental risk management, waste minimization and strengthening of reuse and recycling of waste with a view to maximization of its value.

- Environmental protection complies with natural law, natural, cultural and historical characteristics, and the level of socio-economic development; boost development in ethnic minority and mountainous areas.

- Any agency, organization, residential community, household or individual profiting from the environment is obliged to make their financial contribution to the environmental protection activities; pay compensation for damage, take remedial measures and assume other responsibilities as prescribed by law if causing environmental pollution, emergencies and degradation.

- Environmental protection is not detrimental to the national sovereignty, security and interests, and is associated with regional and global environmental protection.

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