8 OFFICIAL GAZETTE Issue nos 03·04/January 2007(Cong Bao nos 09-1 O/January 4, 2007)

THE MINISTRY OF NATURAL RESOURCESAND ENVIRONMENT

CIRCULAR No. 12/2006/TT-BTNMT OFnF,CRMRRR 26, 2006, GUIDING THEPRACTICE CONDITIONS, PROCEDURESFOR COMPILATION OF DOSSIERS,REGISTRATION AND LICENSING OFPRACTICE AND HAZARDOUS WASTEMANAGEMENT IDENTIFICATIONNUMBERS

Pursuant to the November 29, 2005 Law onEnvironmental Protection;

Pursuant to the Government's Decree No. 91/2002/ND-CP ofNovember 11, 2002, defining thejimctions, tasks, pnwl?rs andorganizationalstructure

oftheNatural ResourcesandEnvironmentMinistry;

Pursuant to the GovernmentsDecree No. 80/2006/ND-CP of August 9, 2006, detailing andguiding the implementation ofa number ofarticlesofthe Law on Environmental Protection,

The Ministry of Natural Resources andEnvironment guides the practice conditions,proceduresfor compilation ofdossiers, registrationand licensing ofpractice and hazardous wastemanagement identification numbers, asfollows:

I. GENERAL PROVISIONS

1. Scope and SUbjects of application:

This Circular guides the conditions for practicingthe transportation, treatment and disposal of

hazardous wastes; the procedures for compilingdossiers, registering generators ofhazardous wastes,granting hazardous waste management licenses andhazardous waste management identificationnumbers; responsibilities ofstate agencies, domestic

and foreign organizations and individuals(hereinafter collectively referred to as organizationsand individuals) conducting production, business orservice activities that generate hazardous wastes ortaking part. in the management. of'hazardous wastes

in the Vietnamese territory.

1.2. This Circular applies to hazardous wastes in

the solid, liquid or sludge form.

1.3. This Circular does nul apply t.o radioactive

wastes; exhaustion vapors and gases; wastewatertreated at treating systems or facilities ofproduction,business or service establishments or concentratedproduction, business or service quarters; householdor personal garbage.

2. Interpretation of terms

In this Circular, the terms and expressions beloware construed as follows:

2.1. Hazardous waste management means

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OFFICIAL GAZETTE 9

activities related to the prevention, minimization,

sorting, collection, transportation,storage, treatment(including recycling and recovery) and disposal ofhazardous wastes.

2.2.Hazardouswastegeneratororgeneratormeansan organization or an individual that owns oradministers a production, business or serviceestablishment where hazardous wastes are generated.

2.3. Hazardous waste transporter or transportermeans an organizationor an individual that owns oradministers an establishment with a practice licenseand a hazardous waste management identificationnumber for conducting hazardous waste collection,transportation and temporary storage.

2.4. Hazardous waste treatment and disposalfacility owner or treatment and disposal facilityownermeans an organization or individual that owns

or administers an establishment with a practicelicense and a hazardous waste managementidentification number for conducting hazardouswaste temporary storage, treatment (includingrecycling and recovery) and disposal,

2.5. Hazardous waste management-licensingagency (hereinafter referred to as the licensingagency) means agencies competent to grant,extend,adjust and withdraw hazardous waste transportationlicenses, hazardous waste treatment and disposallicenses according to the provisions in Section 3,Part I below.

2.6. Hazardous waste generator register orgenerator register means a dossier granted to ahazardous waste generator, containing informationon the type and volume of hazardous wasteregistered for generation and defining theenvironmental protection liability of that wastegenerator for the registered hazardous wastes.

2.7. Hazardous wastemanagement licensemeansthe common title ofhazardous waste managementpractice licenses grantedby the licensing agency to

transporters (called hazardous waste transportation

licenses) or treatment and disposal facility owners(called hazardous waste treatment and disposallicenses), indicating operation areas, special-usemeans and facilities permitted for operation, typesofhazardous waste pennittcd to be managed as well

as environmental protection responsibilities ofhazardous waste transporters or hazardous wastetreatment and disposal facility owners.

2.8. Hazardous waste list means a list ofhazardous wastes promulgated by the NaturalResources and Environment Ministry. Hazardouswaste eode means the code ofeach type ofhazardouswaste on the hazardous waste list.

2.9. I Iazardous waste management identification

number means an identification number grantedtogether with a generator register or an hazardouswastemanagement license to serve themanagementof dossiers and database on hazardous wastegenerators, transporters, treatmentand disposalfacilityowners.

2.10. Hazardous waste manifest means a list

issuedaccordingto a formfornationwideapplicationand supplied to a hazardous waste generator. Ahazardous waste manifest serves as a writtenevidence of the transfer of liability for hazardouswaste between a hazardous waste generator and a

hazardous waste transporter or treatment anddisposal facility owner.

2.11. Operation area means a geographical areadeterminedby administrativeunitsthat are provincesor centrally run cities (hereinafter referred to asprovinces) within which hazardous wastetransporters or hazardous waste treatment and

disposal facility owners are licensed to providehazardous waste transportation, treatment anddisposal services to generators.

3. Competence to grant or adjust hazardouswaste generator registers; grant, extend, adjust

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or withdraw hazardous waste managementlicenses:

3.1. Provincial/municipal Natural Resources and

Environment Services shall grant and adjusthazardous waste generator registers to wastegenerators in their respective provinces or cities.

3.2. The Natural Resources and EnvironmentMinistry shall authorize the EnvironmentalProtection Department to grant, extend, adjust andwithdraw hazardous waste management licenses to/

from hazardous waste transporters and hazardouswaste treatment and disposal facility ownersoperating in two or more provinces (including thoseoperating within a province under hazardous wastemanagement licenses granted by local licensing

agencies but wishing to extend their operation toother provinces).

3.3. Provincial/municipal People's Committeesor Natural Resources and Environment Servicesauthorized by provincial/municipal People'sCommittees (hereinafter collectively referred to aslocal licensing agencies) shall grant, extend, adjust

andwithdraw hazardous waste management licensesto/from hazardous waste transporters and hazardouswaste treatment and disposal facility ownersoperating within their respective provinces.

3.4. The withdrawal of hazardous wastemanagement licenses shallbe effected in accordancewith law.

4. Method ofcounting time limits specified inthis Circular:

4.1. Time limits which are specified in thisCircular in months or years shall be counted incalendar months or years, including holidaysprovided by the Labor Code.

4.2. Time limits which are specified in thisCircular in days shall be counted in working days,

excluding holidays provided by the Labor Code.

II. CONDITIONS FOR PRACTICE OFHAZARDOUS WASTE

TRANSPORTATION, TREATMENTAND DISPOSAL

1. Conditions for practice of hazardous wastetransportation:

An organization or individual that registers to

practice hazardous waste transportation accordingto the provisions ofSection 2, Part illofthis Circularmust satisfy the following conditions:

1.1. Having made registration of the goodstransportation practice in the business registrationcertificate.

1.2. Having made a written environmentalprotection commitment certified by a competentagency; or an environmental impact assessmentreport or a written environmental standardregistration approved or certified by a competentagency before July 1, 2006. For establishments thatcommenced their operation before July 1,2006, buthave not had their environmental impact assessmentreports approved or their written environmentalstandard registrations certified, they shall survey,measure or reassess the environmental impacts inthe courseofoperation so as to elaborate appropriateprocesses, measures and plans mentioned at Point1.6 of this Section.

1.3. Means and facilities exclusively used forhazardous waste collection, transportation,packaging, preservation and temporary storage mustsatisfy the following requirements:

a/ Means oftransport have been registered;

b/ Means of transport are fit with devices forwarningandemergency response to incidents in thecourse ofoperation;

cI Means of transport used to carry hazardouswastes ofhigh toxicity are equippedwith the global

positioning system for the purpose of accurately

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OFFICIAL GAZETTE 11

positioning them en route and recording theiritinerary of hazardous waste transportation at therequest of the agency certifying the environmentalprotection commitment or the licensing agency;

d/ Means oftransport and facilities are designedto prevent hazardous waste leakage or release into

the environment, or the intermixing of assorted

hazardous wastes; and are made ofmaterials whichdo not interact or react with hazardous wastes;

e/ Means of transport and facilities bear cautionsigns made according to Vietnam Standard TCVN6707-2000 "Hazardous wastes - caution signs."

1.4. Having a technical system, equipment orsolution to control pollution and protect theenvironment at its establishment, especially at thezone for cleaning or keeping means oftransport andthe area for transshipping, temporarily storing orsorting hazardous wastes (ifany).

1.5.Having at least one technician ofintermediateor higher level in chemistry, environment scienceor a similar discipline to take charge ofmanagement,operation or professional or technical training; anda sufficient team oftrained drivers and operators toensure safe operation of means of transport andfacilities.

1.6. Having elaborated the following processesand plans:

aJ Process ofsafe operation ofspecial-use meansand facilities;

bl Plan on pollution control and environmentalprotection;

c/ Plan on labor safety and heaIthcare formanagers, staffmembers and drivers;

d/ Plan on prevention of and response toincidents;

e/ Plan on annual training courses for managers,staff members and drivers on safe operation ofspecial-use means and equipment; environmental

protection; labor safety and healthcare; prevention

ofand response to incidents;

f/ Plan on pollution treatment and environmentalprotection at the establishment when it terminatesits operation.

1.7. Having initialed contracts on hazardouswaste transportation with treatment and disposalfacility owners having hazardous waste treatmentand disposal licenses granted by the competent

licensing agency according to the provisions ofSection 3, Part I of this Circular.

2. Conditions for practice ofhazardous wastetreatment and disposal:

An organization or individual that registers forpracticing hazardous waste treatment and disposalaccording to the provisions ofSection 3, Section IIofthis Circular must satisfy the following conditions:

2.1. Having made an environmental impactassessment report for hazardous waste treatmentand disposal project approved by a competentagency; or a written registration ofenvironmentalstandard conformity certified by the competentagency before July 1,2006. Establishments thatcommenced operation before July 1, 2006, buthave not yet had their environmental impactassessment reports approved or their writtenenvironmental standard registrations certifiedmust conduct the survey, measurement andreassessment of environmental impacts in thecourse ofoperation so as to elaborate appropriateprocesses, plans and programs mentioned at Point2.9 of this Section.

2.2. The hazardous waste treatment and disposalestablishment must satisfy the conditions specifiedin Article 74 of the 2005 Law on EnvironmentalProtection.

2.3. The hazardous waste landfill (if any) mustcomply with the provisions ofArticIe 75 ofthe 2005Law on Environmental Protection and the currentrelevant regulations and standards.

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2.4. Methods, technologies, means and facilitiesexclusively used for hazardous waste treatment and

disposal must be suitable to chemical, physical andbiological properties ofeach type ofhazardous wasteregistered for treatment and disposal; are fit withdevices for warning and responding to emergencycircwnstances during the operationprocess; and canautomatically stop working in case of unsafeoperation.

2.5. Special-use means and facilities fortemporary storage and internal transportation mustsatisfy the following conditions:

a/ Being designed to prevent h~dous wasteleakage or release into the environment, or theintermixing ofassorted hazardous wastes; and madeof materials which do not interact or react withhazardous wastes;

bl Bearing warning or danger signs made

according to Vietnam Standard TCVN 6707-2000"Hazardous wastes - caution signs."

2.6. Having a technical system, equipment orsolution to control pollution and protect theenvironment.

2.7. Having an automatic environmentalobservation system installed at the request of theagency approving the environmental impactassessment report or the licensing agency.

2.8. Having at least two technicians ofintermediate or higher level in chemistry,environment science or a similar discipline (if thewaste generator registers for treatment and disposalof its own hazardous wastes, only one technician isrequired) to take charge ofmanagement, operationand professional and technical training at thetreatment and disposal establishment; a sufficientteam oftrained operators to ensure the safe operationofmeans and facilities with its head possessing theintermediate or higher degree in chemistry,environment science or a similar discipline (if thewaste generator registers for treatment and disposal

ofits own hazardous wastes, the team may be headedby a technician).

2.9. Having elaborated the following processes,plans and programs:

a/ Process of safe operation of special-usetechnologies, means and facilities;

bl Plan on pollution control and envirorunentalprotection;

cl Program on environmental supervision,operation supervision and appraisal ofefficiency of

hazardous waste treatment and disposal;

d/ Plan on labor safety and healthcare formanagers and staffmembers;

e/Plan on preventionofand response to incidents;

fJ Plan on annual training courses for managersand staffmembers on safe operation of special-usetechnologies, means and equipment; environmentalprotection; labor safety and healthcare; prevention

of and response to incidents;

fJ Plan on pollution treatment and environmentalprotection upon the operation termination.

III. PROCEDURES FOR COMPILATIONOF DOSSIERS, REGISTRATION OF

WASTE GENERATORS AND GRANT OFHAZARDOUSWASTE~AGEMENT

LICENSES AND HAZARDOUS WASTEMANAGEMENT IDENTIFICATION

NUMBERS

Organizations and individuals may concurrentlycarry out the procedures for registration of wastegenerators and registration for hazardous wastemanagement licenses ifthey fully satisfy the practiceconditions specified in Section 1 or 2, Part II ofthisCircular.

1. Procedures for compilation of dossiers andissuance of registers of hazardous wastegenerators:

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1.1. A hazardous waste generator shall compile

03 (three) dossier sets for registration ofhazardouswaste generator, each comprising a registrationapplication made according to the form set inAppendix 1(A) and documents guided in AppendixI (B) to this Circular, and submit them to the

concerned provincial/municipal Service ofNaturalResources and Environment.

1.2. Within 07 (seven) days after receiving thedossier, the provincial/municipal Natural Resourcesand Environment Service shall examine itscompleteness and validity and notify incomplete orimproper contents to the hazardous waste generatorfor amendment and supplementation. A completeand valid dossier is one made according to the setform and enclosed with required documents and

containing accurate, specific and detailedinformation for the grant of a waste generatorregister. When the dossier is considered completeand valid, the provincial/municipal NaturalResources and Environment Service needs not notify

the applicant and it is automatically understood thatthe dossier is accepted upon the expiration of theexamination time limit.

1.3.Within 12 (twelve) days after the examinationofdossier completeness and validity, the provincial/municipal Natural Resources and EnvironmentService shall grantthe waste generator register madeaccording to Appendix 1 (C) to this Circular.

1.4. The provincial/municipal NaturalResources and Environment Service and the wastegenerator may use the information network oremails to nutify and exchange information un theamendment and supplementation of theregistration dossier according to Point 1.2 aboveas well as relevant matters in the course ofgranting the waste generator register.

1.5. Together with the waste generator register,each waste generator shall be granted a hazardouswaste management identification number specified

inAppendix 6 to this Circular. The waste generator

register enclosed with the complete and valid dossierset shall be affixed with the stamp ofthe provincial!municipal Natural Resources and EnvironmentService for certification.

1.6. The waste generator register is valid until anadjustment thereto is required under the provisionsof Point 1.7 below or upon the establishment's

termination ofoperation.

1.7. The waste generator shall file an

application for adjustment to the hazardous wastegenerator register, made according to the form setin Appendix 1 (A) to this Circular, and togetherwith the register to the provincial/municipalNatural Resources and Environment Service in

the following cases:

a/ The register was granted before the effective

date of this Circular;

bl There is a change in or an addition ofhazardouswaste types or the quantity of hazardous wastesincreases by 15% or more compared to the registeredvolume;

cl The establishment is relocated without changeofthe waste generator (the establishment owner or

administrator), or the waste generator is changedwithout relocation ofthe establishment.

Within 12 (twelve) days after receiving theapplication for adjustment of the hazardous wastegenerator register, the provincial/municipal NaturalResources and Environment Service shall grant newone (enclosed with a new annex) and invalidate theold one. The registration dossier set enclosed withthe old register shall be retained to be enclosed withthe new register after the added application fur

register adjustment and other amended,supplemented or updated documents (if any), areaffixed with the stamp of the provincial/municipalNatural Resources and Environment Service forcertification.

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2. Procedures for compilation of dossiers andgrant of hazardous waste management licensesto hazardous waste transports:

2.1.An organization or individual that registers

to practice the hazardous waste transportation shallcompile 03 (three) dossier sets for registration ofhazardous waste transportation, each comprising a

registration application made according to the formset in Appendix 2 (A.I) and documents guided in

Appendix 2 (A.2) to this Circular, and submit themto the licensing agency defined in Section 3, Part I

of this Circular.

2.2. Within 12 (twelve) days after receiving thedossier, the licensing agency shall examine thecompleteness and validity ofthe dossier and notifyincomplete or invalid dossier contents to the

hazardous waste transportation registration applicantfor amendment and supplementation. Within 5 (five)

days after receiving the amended or supplementeddossier, the licensing agency shall further examinethe dossier completeness and validity and may

request further amendment or supplementation incase of necessity. When the dossier is considered

complete and valid, the licensing agency needs notnotify the applicant and it is automaticallyunderstood that the dOSSIer IS accepted upon the

expiration of the examination time limit.

2.3. Within 20 (twenty) days after theexamination of dossier completeness and validityis finished, the licensing agency shall grant ahazardous waste management license to the

organization or individual registering to practice thehazardous waste transportation, made according to

the form in Appendix 2 (A.3) to this Circular. Incase of refusal to grant a license, it shall notify inwriting the reason therefor. When detecting that theorganization or individual registering for hazardouswaste transportation fails to satisfy the practiceconditions specified in Section 1, Part II of thisCircular, the licensing agency shall request in writingthat organization or individual to take necessary

measures to satisfy those conditions. The registeringorganization or individual shall report to the licensing

agency as soon as it/he/she satisfies the requiredconditions. The time from the date the licensing

agency sends its written request to the date it receives

the report of the registering organization orindividual on satisfaction ofthe practice conditionsis not included in the 20-day time limit for licensingconsideration,

2.4. The licensing agency and the registeringorganization or individual may use the informationnetwork or emails to notify and exchange

information on the amendment and supplementationof the registration dossier or the satisfaction of thepractice conditions (according to Points 2.2 and 2.3of this Section) as well as relevant matters in thecourse of licensing consideration.

2.5. In case ofnecessity, the licensing agency may,

in the course oflicensing consideration, provide thefollowing assistance:

a/ Setting up, under a decision of its head, an

advisory council that will advise and assist thelicensing agency in examining the practiceregistration dossier and appraise the conditions ofthe registering organization or individual and anumber of relevant matters to serve as a basis forlicensing;

bl Surveying neighboring establishments andareas (the survey time is not included in the 20-daytime limit for licensing consideration);

cl Holding symposiums;

dJ Organizing meetings with the registering

organization or individual to request the latter todirectly explain some unclear matters and reachagreement on specific requirements on the

transporter before adding them to the license;

cl Gathering criticisms of experts outside theadvisory council, and concerned scientific andtechnological agencies, social and professionalorganizations and non-governmental organizations;

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OFFICIAL GAZETTE 15

£' Organizing its meetings to reach agreementon licensing.

2.6. Together with the hazardous wastemanagement license, eachtransporter shall begranteda hazardous waste management identification numberspecified in Appendix 6 to this Circular. The

hazardous waste management license enclosed with

the complete and valid practice registration dossierset shall be affixed with the stamp of the licensing

agency for certification.

2.7. A hazardous waste management license

granted for the firsttime or renewed for a transporteris valid for 3 (three) years afterthe date ofgrant. Itmay be extendedformanytimeswitheachextensionnot exceeding 5 (five) years. The procedures forextending a license shall be carried out in an order

similar to that specified at Points 2.1 thru 2.5 ofthisSection and start at least 6 (six) months before that

license expires. For each extension, the licensing

agency shall give its certification in the section oflicense extension certification (or in a new license

if that section of the existing license is full). Theannex ofthe license shall also be renewed in case of

a change. The enclosed registration dossier set shall

be added with the application for license extensionand the amended, supplemented and updated

documents (ifany), which areaffixed with the stampof the licensing agency for certification.

2.8. The transporter shall register adjustments toits hazardous waste management license in thefollowing cases:

aJThe license was granted before the effectivedate of this Circular;

hi There is a need for a change in or an addition

oftypes, tonnage, designed capacity and number ofspecial-use means and facilities for hazardous wastetransportation, packaging, preservation and

temporary storage;

cl There is a need for a change in or an addition of

hazardous waste types registered for transportation;

d/ There is a need for relocation or expansion ofthe area for transportation activities (applicable only

to licenses granted by the Environmental ProtectionDepartment to transporters operating in two or more

provinces);

cl The hazardous waste transporter (the

establishment owner or administrator) is changed

without relocation of the establishment, or theestablishment is relocated without change of the

transporter.

The procedures for license adjustment shall be

carriedout inan ordersimilartothat specified at Points2.1 thm 2.5 ofthis Section. Tn adjusting a license, thelicensing agency shall grant a new license copy

(enclosed with a new annex) which has the samehazardous waste management identification number

and a validity duration of5 (five) years after the date

of adjustment. and invalidate the old license copyThe registration dossier set enclosed with the old

license copy shall beretained to beenclosedwith thenew license copy after being added with the

application for license adjustment and the amended,

supplemented and updated documents affixedwiththe licensing agency's stamp for certification.

2.9. The transporter shall compile a dossier ofregistration for a new hazardous waste management

license in the following cases:

al The transporter is changed and the

establishment is relocated concurrently;

blA transporter that operates in a province undera hazardous waste management license granted bya local licensing agency and wishes to change or

expand its operation area to another province shall

carry out procedures for registration for a newhazardous waste management license with the

Environmental Protection Department.

3. Procedures for compilation ofdossiers and

grant of hazardous waste management licensesto hazardous waste treatment and disposalfacility owners:

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3.1. An organization or individual that registers

to practice the hazardous waste treatment anddisposal shall compile 03 (three) dossier sets forregistration of hazardous waste treatment anddisposal practice, each comprising a registrationapplication made according to the form set in

Appendix 2 (B. 1) and documents guided inAppendix 2 (B.2) to this Circular, and submit themto the licensing agency defined in Section3, Part Iof this Circular.

3.2. Within 12 (twelve) days after receiving thedossier, the licensing agency shall examine thecompleteness and validity of the dossier and notify

incomplete or invalid contents to the registrationapplicant for amendment and supplementation.Within 7 (seven) days after receivingthe amendedor supplementeddossier,the licensingagency shallfurther examine its completeness and validity andmayrequestfurtheramendmentor supplementationin case of necessity. When the dossier is consideredcomplete and valid, the licensingagency needs notnotify the applicant and it is automaticallyunderstood that the dossier is accepted upon theexpirationof the examination time limit.

3.3.Aftertheexaminationofdossiercompletenessand validityis finished, the registering organizationor individual shallmake a planon andregistration ofthe test operation under the licensing agency's

guidance. The licensing agencyshallcoordinate withthe concernedagencies and the advisory council (ifany) in supervising and appraising the resultsofthetestoperation. Iftheresults ofthetestoperation satisfythe environmental standards and comply with the

environmental impact assessment report for thehazardous waste treatmentand disposal project, thelicensing agencyshall certifythem in writingwithin

12(twelve) days afterreceiving a report thereon. Sucha written certification shall be included in theregistration dossier. Ifthe testoperation results fail tosatisfy therequirements, thetestoperationplanshouldbe adjusted, improved and perfected fur a second~L

For the first-time licensing, the above supervision,

appraisal and certification of test operationshall bejointly conducted with the test operation andcertification of observance of the environmentalimpact assessment report and satisfaction of therequirements set in the decision approving the

environmental impact assessment report accordingtotheNaturalResources andEnvironment Ministry'sDecisionNo. OS/2006fIT..HTNMT of SeptemberS,2006, guidingstrategic environmental assessments,environmental impact assessment reports andenvironmental protection commitments.

3.4. In case the licensing agency is theEnvironmental ProtectionDepartment, itshallgatherwritten opinions of the Natural Resources andEnvironment Service ofthe province or city where

hazardouswastetreatmentand disposal facilities oftheregistering organization or individual arelocated.

3.5. Within 30 (thirty) days after obtaining thewritten certification of test operation results orwrittenopinionsoftheprovincial/municipal NaturalResources and EnvironmentService, the licensingagency shall grant a hazardous waste management

license,madeaccordingto the formset inAppendix2 (B.3)tothisCircular, to theregistering organizationor individual. When detecting that the registeringorganization or individual failsto satisfythe practiceconditions specified in Section 2, Part II of thisCircular, the licensingagencyshallrequestinwritingthat organization or individual to take necessarymeasures to satisfy those conditions. The registering

organizationor individual shallreportto the licensingagency as soon as it/he/she satisfies the requiredconditions. The time from the date the licensingagencysendsitswritten requestto thedateitreceivesthe report ofthe treatment anddisposal facility owner

on satisfaction of the practice conditions is notincluded in the 30-day time limit for licensingconsideration.

3.6. The licensing agency and the registeringorganizationor individualmay use the information

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OFFICIAL GAZETTE 17

network or emails to noti Iy and exchange

informationon the amendment and supplementationof the registration dossier or the satisfaction of thepractice conditions (according to Points 3.2 and 3.5of this Section) as well as relevant matters in thecourse of licensing consideration.

3,7. In case ofnecessity, the licensing agency may,in the course oflicensing consideration, conduct thefollowing assisting activities:

aJ Setting up, under a decision of its head, anadvisory council that functions to advise and assistthe licensing agency in examining the practiceregistration dossier, appraising the conditions oftheregistering organization or individual, supervisingthe test operation, and in a number ofrelevant mattersto serve as a basis for licensing;

bl Surveying neighboring establishments andareas (the survey time is not included in the 30-daytime limit for licensing consideration), apart fromsupervising the test operation;

cl Holding symposiums;

dI Organizing meetings with the registeringorganization or individual to request the latter todirectly explain some unclear matters and reachagreement on specific requirements on the treatmentand disposal facility owner before adding them tothe license;

el Gathering criticisms of experts outside theadvisory council, of the concerned scientific andtechnological agencies, SOCIal and professionalorganizations and non-governmental organizations;

f/ Organizing its meetings to reach unanimity onlicensing.

3 _8 _ Together with the hazardous wastemanagement license, each treatment and disposalfacility owner shall be granted a hazardous wastemanagement identification number specified inAppendix 6 to this Circular. The hazardous wastemanagement license enclosed with the completeand valid practice registration dossier set shall be

affixed with the licensing agency's stamp forcertification.

3.9. A hazardous waste management license

granted for the first time or renewed for a treatmentand disposal facility owner is valid for 3 (three) yearsafterthe date ofgrant It may be extended for manytimes with each extension not exceeding 5 (five)years. The procedures for extending a license shall

be carried out in an order similar to that specified atPoints 3.1, 3.2, 3.4, 3.5, 3.6 and 3.7 of this Section(the test operation according to Point 3.3 is notrequired) and start at least 6(six) months before thelicense expires. For each license extension, the

licensing agency shall give its certification in thesectionoflicense extension certification (or ina newlicense copy ifthere is not more space in section ofthe existing license). The annex ofthe license shallalso be renewed in case ofa change. The enclosedregistration dossier set shall be added with theapplication for license extension and the amended,supplemented and updated documents (if any),which are affixed with the licensing agency's sealfor certification.

3.10. The treatment and disposal facility ownershall register adjustments to its hazardous wastemanagement license in the following cases:

aI The license was granted before the effectivedate ofthis Circular;

bl There is a need for a change in or an additionoftypes or technology, increase ofdesigned capacityand number of special-use means and facilities forhazardous waste treatment, disposal and temporarystorage;

cIThere is a need for a change in or an additionofhazardous waste types or an increase by 15% ormore ofthe hazardous waste volume registered fortreatment and disposal;

dI There is a need for relocation or expansion ofthe area for treatment and disposal activities(applicable only to licenses granted by the

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Environmental Protection Department to treatmentand disposal facility owners operating in two or moreprovinces or to licenses granted by local licensingagencies for the hazardous waste self-treatment andself-disposal converted into hazardous wastetreatment and disposal licenses for many wastegenerators within the same province);

e/ There is a need for the change ofthe hazardouswaste treatment and disposal facility owner (theestablishment owner or administrator) withoutrelocation of the treatment and disposalestablishment; for the relocationofthe treatmentanddisposal establishment without change of thetreatment and disposal facility owner.

The procedures for license adjustment must becarried out in an order similar to that specified atPoints 3.1 thru3.7 ofthis Section (thetest operationaccording to Point 3.3 is not required in case of aneed for relocation or expansion of the area foroperation according to Point d or a need for thechange ofthe treatment and disposal facility ownerwithout relocation of the establishment accordingto Point e ofthis Section). In adjusting a license, thelicensing agency shall grant a new license copy(enclosed with a new annex) which has the samehazardous waste management identification number

and a validity duration of 5 (five) years after thedate of adjustment, and invalidate the old licensecopy. The registration dossier set enclosed with theold license copy shall be retained to be enclosedwith the new license copy after being added withthe application for license adjustment and theamended, supplemented and updated documentsaffixed with the licensing agency's stamp forcertification.

3.11. The treatment and disposal facility ownershall compile a dossier of registration for a newhazardous waste management license in thefollowing cases:

a/ The treatment and disposal facility owner ischanged and the establishment is relocated

concurrently;

b! A treatment and disposal facility owner thatoperates in a province under a hazardous waste

management license granted by a local licensingagency (including also license for hazardous wasteself-treatment and self-disposal) and wishes to

change or expand its operation area to anotherprovince shall carry out procedures for registrationfor a new licensewith the Environmental ProtectionDepartment.

IV. OBLIGATIONS ANDRESPONSmILITIES OF HAZARDOUS

WASTE GENERATORS, TRANSPORTERSAND TREATMENT AND DISPOSAL

FACILITY OWNERS

An organization or individual may ownconcurrently a hazardous waste generator register,a hazardous waste transportation license and/or ahazardous waste treatment and disposal license but

shall perform the corresponding responsibilitiesspecified in this Section. Other responsibilities ofahazardous waste generator or specific requirementson a hazardous waste transporter or a hazardouswaste treatment and disposal facility owner shall beentered into the hazardous waste generator registeror the hazardous waste management license'according to the regulations of the provincial!municipal Natural Resources and EnvironmentService and the licensing agency. when necessary.

1. Responsibilities of a hazardous wastegenerator:

1.1. To register itself with the provincial!municipal Natural Resources and Environment

Service.

1.2. To strictly observe the contents of the

approved environmental impact assessment reportor the certified environmental protectioncommitment or environmental standard registration

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OFFICIAL GAZETTE 19

(ifany).

1.3. To apply measures to prevent or minimizehazardous wastes generated; to take liability for

hazardous waste until they are safely treated ordisposed of by selecting appropriate qualifiedtransporters and treatment and disposal facilityowners and monitoring and supervising thehazardous waste transfer, treatment and disposal

with the support ofhazardous waste manifests.

1.4. To sort hazardous wastes and not to intermixhazardous wastes of different types or hazardouswastes with other wastes; to arrange safe places fortemporary storageofhazardouswastes; to packageand preserve hazardous wastes according to theirtypes in special-use tanks, containers or packagesthat satisfy the safety and technical requirements,ensuring no hazardous waste leakage, runoff orreleaseintothe environment, and areplacardedwiththe following information:

a/ Hazardouswaste name and code accordingtothe hazardous waste list;

bl Narne and address of the generator;

c/ Descriptionofhazardswhich mightbe causedby thehazardous waste;

dI Caution and prevention signs according toVietnam Standard TCVN 6707-2000 "Hazardouswastes - caution signs";

eIDateofstartingthepackagingandpreservation.

The hazardouswastemustbe quicklytreatedanddisposed of When necessary to temporarily storethe hazardous waste for more than 6 (six) monthspending the availability of a safe treating anddisposing technology or an appropriate treatmentand disposal facility owner, a registration must bemade with the provincial/municipal NaturalResourcesandEnvironmentServiceandonceevery6 (six) months a report must be sent to that Service.

1.5. To assign at least one full-time or part-timeofficial who has been trained in hazardous waste

management to take charge of hazardous waste

sortingandmanagement, preventionofandresponseto incidentsat the establishment. Ifbeing incapableof sorting and managing harardous wastes, it shallsign contracts with units providing environmentalconsultancy for appropriate technical assistance.

1.6. To work out and implement plans andmeasures to prevent or respond to incidents caused

by the hazardous waste, including: measures andprocessesofpreventingandurgentlyrespondingtopossible incidents of all kinds (fire, explosion,leakage, spill, labor accident, trafficaccident, etc.);the plan of exit ways; procedures for announcing

incidents and requesting assistance upon theiroccurrence (address, telephone number and orderof reporting incidents to concerned agencies, suchas environmental protection agency, policedepartment; :fire department, medical establishments,etc.);plans and places for givingfirst aid to victims;anticipatedcircumstances and plans on evacuationof people from the establishmentand surroundingareas;measuresto remedyenvironmentalpollutionafter an incident is over; and other relevant matters.

1.7. If the hazardous waste generator wishes topractice hazardous waste transportation and/or

treatment and disposal, it shall satisfy all theconditions for practice of hazardous wastetransportation and/or treatment and disposalspecified in Section 1 or 2 of Part II, and carry outthe registration procedures in order to be granted ahazardous waste management license according tothe provisions in Section2 or 3 of Part Ill, and thendischargethe responsibilities specifiedin Section2or 3, Part IV of this Circular, as the case may he.

1.8. To sign contracts with hazardous wastetransporters and hazardous waste treatment anddisposal facility owners licensed to managehazardous wastes in appropriateoperation areas, ifthehazardouswastegeneratorisunableto transport,treat or dispose of hazardouswastes by itself.

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20 OFFICIAL GAZETTE Issue nos O3-04/January 20Q7(COng Baonos 09-1OlJclfluaTy 4, 2007)

1.9.To issue hazardous waste manifests supplied

by the provincial/municipal Natural Resources andEnvironment Service to transporters and treatmentand disposal facility owners upon each transfer ofhazardous wastes. The hazardous waste generatorshall reach agreement with transporters and

treatment and disposal facility owners oninformation to be declared in hazardous wastemanifests, which are consistent with the signedhazardous waste transportation or treatment anddisposal contracts and provisions ofhazardous waste

management licenses of those transporters andtreatment and disposal facility owners.

1.10.Totransfer to the transporter'onlyhazardouswaste ofthe type and volume consistent with thosestated in the hazardous waste generator register, thetransportation contract, the treatment and disposalcontract, and the declaredhazardous waste manifest.

1.11. To strictly observe the procedures forissuing the hazardous waste manifest (consisting

of 6 originals) guided in Appendix 3 to thisCircular. The hazardous waste generator shallrequest and ensure the return oftwo last originalsof the hazardous waste manifest and checkcertifications ofthe transporter and the treatmentand disposal facility owner upon completing thehazardous waste transfer, then send the sixthoriginal to the provincial/municipal NaturalResources and Environment Service within 15(fifteen) days after receiving it. If the hazardouswaste generator acts concurrently as thetransporter and/or the treatment and disposalfacility owner for some types of'hazardous waste,it shall sign and keep originals of the hazardouswaste manifest by itself.

Within 60 (sixty) days after transferringhazardous waste to the transporter, if the generatordoes not receive the fifth and sixth originals of thehazardous waste manifest from the treatment anddisposal facility owner, it shall report such to the

provincial/municipal Natural Resources and

Environment Service for application ofmonitoring

and handling measures.

1.12.When wishing to export hazardous wastesfor overseas treatment and disposal, the hazardouswaste generator has also the followingresponsibilities:

a/Tocoordinatewith the overseastransporterandtreatment and disposal facility owner in observingthe provisions of the Basel Convention on theControlofTransboundary MovementsofHazardouswastes and their Disposal (hereinafter referred to asthe Basel Convention for short) on registration ofhazardous waste export for overseas treatment anddisposal by supplying adequate information on theexpected export shipment to the EnvironmentalProtection Department under the guidance inAppendix 5 (A) to this Circular;

bl To export hazardous wastes only afterobtaining written approval of the EnvironmentalProtection Department and submit to the inspection

and supervision by the concerned agencies in strictcompliance with Vietnamese law;

cl To request the transboundary transporter tocompile a transboundary transportation dossiercontaining all information guided inAppendix 5 (B)

to this Circular;

dl To take full responsibility for illegal

transboundary transportation of hazardous wasteswithout the written approval of the EnvironmentalProtection Department.

1.13.To make and send once every6 (six)monthsa report on hazardous waste generation andmanagement to the provincial/municipal NaturalResources and Environment Service, according tothe form set in Appendix 4 (A) to this Circular.

1.14.To submitto the inspection and examination

by the central or local state agency in charge ofenvironmental protection.

1.15, To archive for 5 (five) years all used

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hazardous waste manifests (the first and fifthoriginals) and relevant documents and dossiers forexplanation and supply to competent agencies when

so requested.

1.16. To notify in writing the termination of its

operation and return the hazardous waste generatorregister to the provincial/municipal NaturalResources and Environment Service.

2. Responsibilities of a hazardous wastetransporter:

2.1. To commence its operation only after beinggranted a hazardous waste management license bythe licensing agency.

2.2. To notify, after being granted a hazardouswaste management license, the contents of thatlicense to the People's Committees of the district

and the commune where the transportationestablishment is located.

2.3. To implement the contents of the certifiedenvironmentalprotectioncommitment or equivalentdossier or document according to the provisions ofPoint 1.2, Section 1, Part II ofthis Circular.

2.4. To strictly observe the procedures fordeclaring and using the hazardous waste manifestunder the guidance inAppendix 3 to this Circular. Ifthe transporter is concurrently the generator and/ortreatment and disposal facility owner for somespecified types of'hazardous waste, it shall sign andkeep correspondingoriginalsofthe hazardous wastemanifest by itself

2.5. To collect and transport only the hazardouswaste type and volume from the generator or thefirst transporter (if it is the second transporter)and transfer that hazardous waste type and volumeto the second transporter (if it is the firsttransporter) or to the treatment and disposalfacility owner in strict compliance with thecontents declared in the hazardous waste manifest

by special-use means and facilities and in theoperation area indicated in the hazardous wastemanagement license. It is allowed to transfer

hazardous waste between at most twotransporters. It is prohibited to transfer hazardouswastes to a third transporter. All acts oftransporting hazardous wastes at variance with theprovisions of the hazardous waste management

license or without any hazardous wastemanagement license, at variance with thehazardous waste manifest or without any hazardouswaste manifest shall be treated as acts of illegaltransportation of hazardous wastes and handledaccording to law.

2.6. To transport hazardous wastes in an optimalroute and distance, within an optimal length oftime,ensuring traffic safety and prevention of andresponse to incidents and in compliance with the

competent agency's regulations on traffic.

2.7. Ifthe transporter is concurrently the generator

and wishes to practice hazardous waste treatmentand disposal, it shall satisfy all the conditions fortreatment and disposal practice specified in Section2, Part II, and carryout the proceduresfor registrationof the hazardous waste generator and/or for a

hazardous waste treatment and disposal licenseaccording to the provisions in Section I or 3 ofPart111, then fulfill the responsibilities specified inSection I or 3, Part IV of this Circular, as the casemaybe.

2.8. When undertaking to transport hazardouswaste overseas for treatment and disposal, thetransporter has also the following responsibilities:

a/ To coordinate with the generator and theoverseas treatment and disposal facility owner inobserving the provisions of the Basel Convention,assisting the generator in registering the export of

hazardous wastes for overseas treatment anddisposal under the guidance in Appendix 5 (A) tothis Circular;

12 VIETNAM LAW & LEGAL FORUM

22 OFFICIAL GAZETIE Issyt nos PHI/Janyary 2007

(Cong Bao nos 09-1O/January 4, 2007)

bl To obtain the written approval of the

Environmental Protection Department beforeexporting hazardous wastes and submit to theinspection and supervision by the concernedagencies in accordance with Vietnamese law;

cl To compile a transboundary transportationdossier consisting of all information guided inAppendix 5 (B) to this Circular; to send two

transportation dossier sets to the generator or theexporter representing the generator and theEnvironmental Protection Department after theoverseas treatment and disposal facility ownercertifies the receipt ofhazardous wastes.

dI To bear joint responsibility and be handledunder law for illegal tmnsboundary transportationof hazardous wastes without the written approvalof the Environmental Protection Department.

2.9. In case of chartering seagoing vessels orrailway means of transport (including case oftransboundary transportation), to coordinate with the

charterer in working out appropriate plans onhazardous waste packaging and preservation toensure safe transportation, and submitting them tothe licensing agency for approval (or to theEnvironmental Protection Department in case oftmnsboundary transportation).

2.10. To send once every 6 (six) months a reporton hazardous waste management, made accordingto the form set in Appendix 4 (B) to this Circular, tothe licensing agency.

2.11. To submit to the inspection and examinationof the central or local state agency in charge of

environmental protection.

2.12. To archive for 5 (five) years all used

hazardous waste manifests (the second andlor thirdoriginals) and relevant dossiers and documents forexplanation and supply to competent agencies whenso requested.

2.13. To organize annual training courses for its

managers, staff members and drivers according to

the training plan (made upon compilation of thepractice registration dossier).

2.14. To organize the implementation ofthe planon pollution control and environmental protection;the plan on labor safety and healthcare; the plan onpreventionofand response to incidents (made uponcompilation ofthe practice registration dossier).

2.15. To notify in writing the termination of itsoperation and return the hazardous wastemanagement license to the licensing agency; and toensure the fulfillment ofthe plan on pollution controland environmental protection following theoperation termination (made upon compilation ofthe practice registration dossier).

3. Responsibilities of a hazardous wastetreatment and disposal facility owner:

3.1. To commence operation only after beinggranted a hazardous waste management license bythe licensing agency.

3.2. To notify, after being granted a hazardouswaste management license, the contents of thatlicense to the People's Committees of the district

and the commune where hislher/its hazardous wastetreatment and disposal facility is located.

3.3. To strictly implement the contents of thecertified environmental impact assessment report orequivalent dossiers or documents according to theprovisions of Point 2.1, Section 2, Part II of thisCircular.

3.4. To strictly observe the procedures fordeclaring and using the hazardous waste manifestunder the guidance inAppendix 3 to this Circular. Ifthe treatment and disposal facility owner isconcurrently the generator and/or transporter forsome specified types ofhazardous wastes, helshelitshall sign and keep corresponding originals of thehazardous waste manifest by him/her/itself

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OFFICIAL GAZETIE 23

3.5. To sign hazardous waste treatment anddisposal contractswith hazardouswastegeneratorsin his/her/its operation area indicated in thehazardous waste management license. To receive,treat and dispose ofonly the hazardouswaste typeand volume with special-use technologies andfacilities permitted for use in accordance withcontents of the signed contracts, hazardous wastemanifests uniformly filled in and provisions of thehazardous waste management license. All acts oftreating and disposing ofhazardous waste at variance

with the provisions of the hazardous wastemanagementlicenseor withoutanyhazardouswastemanagementlicense, atvariancewiththehazardouswaste manifest or without any hazardous wastemanifest shall be treated as illegal acts and handled

according to law.

3.6. If the treatment and disposal facility owner

is concurrentlythe hazardous waste generator and!orwishesto conducthazardous wastetransportation,he/she/it shall satisfyall the conditions for practiceof hazardous waste transportation specified inSection I, Part Il, and carry out the procedures for

registration of the hazardous waste generator and!or for the hazardous waste transportation licenseaccording to theprovisionsin Section 1 or 2 ofPartIII, then fulfill the responsibilities specified inSection 1 or 2, Part TVofthis Circular, as the casemaybe.

3.7. If the treatmentand disposal facilityowneris incapableof thoroughlytreatingand disposingofhazardous wastes(some hazardous waste elementssubject to management remain after the treatment

and disposal process), he/she/it has the followingresponsibilities:

aITosigna contractwitha secondtreatmentanddisposal facility owner for treatment and disposalofhazardouswastepart notyet treatedanddisposedof to the extent that it is no longer hazardous(according to the hazard threshold specified in thelist of hazardous wastes and current standards) as

well as otherhazardouswastes generatedfromthattreatmentanddisposalprocess.In thiscase,the firsttreatmentand disposal facilityowner is treatedas a

hazardouswaste generatorfor the hazardous wastetransferred to the second treatment and disposalfacility owner and shall carry out procedures forhazardouswastegeneratorregistration accordingtothe provisions ofSection 1. Part ill and fulfill theresponsibilities specified in Section I, Part IV ofthis Circular. This secondarytransfer of hazardouswaste sball be conductedwith a new set of contractand hazardouswaste manifest.

bl To transfer the hazardous waste part already

treated and disposed of to the extent that it is nolongerhazardous(accordingto thehazardthresholdspecifiedin the listofhazardous wastesand currentstandards) to unitstreatinganddisposingofordinarywaste (non-hazardous waste). In this transfer, the

treatmentand disposal facilityowner is not treatedas a hazardouswaste generator.

3.8. To organize the implementation of theprogram on environmental supervision. operationsupervision andappraisalofefficiency ofhazardouswaste treatment and disposal (on its own or withconsultations provided by environmentalconsultancyunitsundercontracts); andto sendonceevery 6 (six) months a report on hazardous wastemanagement, made according to the form set inAppendix 4 (C) to this Circular, to the licensingagency.

3.9.Tosubmitto the inspection andexaminationby the central or local state agency in charge ofenvironmentalprotection.

3.10. To archive tor 5 (five) years all usedhazardouswastemanifests(the fourthoriginal)andrelevantdossiers and documents for explanation and

supply to competent agencieswhen so requested.

3.11. To organize annual training courses for its

managers and staff members according to the

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(Cong Bao nos 09·10lJanuary 4,2007)

training plan (made upon compilation ofthe practice

registration dossier).

3.12. To organize the implcrncntationoftheplanon pollution control and environmental protection;the plan on labor safety and healthcare; the plan onprevention ofand response to incidents (made uponcompilation ofthe practice registration dossier).

3.13. To notify in writing the termination of itsoperation and return the hazardous wastemanagement license to the licensing agency; and to

complete the treatment and disposal of residualhazardous wastes and ensure the fulfillment of theplan on pollution control and environmentalprotection following the operation termination(made upon compilation ofthe practice registrationdossier).

\I. ORGANIZATION OFIMPLEMENTATION

1. The Environmental Protection Departmenthasthe following responsibilities:

1.1. To grant, extend, adjust and withdrawhazardous waste management licenses according toits competence defined at Point 3.2, Section 3, PartI ofthis Circular.After granting, extending, adjustingor withdrawing licenses, it shall notify such toPeople's Committees of provinces whereestablishments of hazardous waste transporters orhazardous waste treatment and disposal facilityowners are located.

1.2. To furmulate and apply the "one-stop shop"mechanismto handling applications oforganizationsand individuals registering for hazardous wastemanagement practice which fall under itscompetence from the stage ofreceiving applicationsand dossiers to the stage ofnotifying results throughonly one contact unit being the "dossier receptionand result notification section." To intensify thenotification and exchange of information with

organizations and individuals registering forhazardous waste management practice via the

information network or emails in the course ofreceipt and examination of dossiers and grant oflicenses so as to shorten the handling duration andreduce papers.

1.3. To coordinate with provincial/municipalNatural Resources and Environment Services ininspecting environmental protection and hazardouswaste management activities of hazardous wastetransporters and hazardous waste treatment anddisposal facility owners with hazardous wastemanagement licenses it grants.

1.4. To organize propaganda and training to raisepublic awareness about hazardous wastemanagement and the provisions of this Circularthroughout the country.

1.5. To coordinate with provincial/municipalNatural Resources and Environment Services inmaking annual statistics on total volume ofhazardous wastes generated by the registeredgenerators, and assessing and reporting on thehazardous waste management. throughout thecountry to the Natural Resources and EnvironmentMinister.

1.6. To function as Vietnam's authorized bodyfor thc Basel Convention to carry out proceduresfor exporting hazardous wastes in strict compliancewiththe Basel Convention.

1.7. To build a national information system anddatabase on hazardous wastes; to organize and guidethe registration of dossiers and declaration ofhazardous waste manifests, and make onlinehazardous waste management reports.

2. Provincial/municipal People's Committeesor provincial/municipal Natural Resources andEnvironment Services authorized by provincial/municipal People's Committees have thefollowing responsibilities:

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OFFICIAL GAZETTE 25

2.1. To grant, extend, adjust and withdrawhazardous waste management licenses according totheir competence defined at Point 3.3, Section 3,Part I oftbis Circular.

2.2. To urge hazardous waste transporters andhazardous waste treatment and disposal facilityowners having licenses granted before the effectivedate of this Circular to carry out procedures foradjusting those licenses or for granting new onesaccording to the relevant provisions of Points 2.8and 2.9, Section 2 or Points 3.10 and on. 11, Section3, Part III of this Circular.

2.3. To apply the "one-stop shop" mechanismaccording to the provisions ofthe Prime Minister'sDecision No. 181/2003/QD-TIg of September 4,2003, promulgating the Regulation on applicationof the "one-stop shop" mechanism at local stateadministrative agencies. To intensify the notificationand exchange ofinformation with organizations andindividuals registering for hazardous wastemanagement practice via the information networkor emails in the course of receipt and examinationofdossiers and grant oflicenses so as to shorten thehandling duration and reduce papers.

2.4. To notify the grant, extension, adjustment orwithdrawal of hazardous waste managementlicensesto the EnvironmentalProtectionDepartmentand People's Committees of districts where

establislunents of hazardous waste transporters orhazardous waste treatment and disposal facilityowners are located.

3. Provincial/municipal Natural Resources andEnvironment Services have the followingresponsibilities:

3.1. To grant and adjust hazardous wastegenerator registers according to their competencedefined at Point 3.1, Section 3, Part Tofthis Circular.Tourge hazardous waste generators already grantedregisters before the effective date ofthis Circular tocarry out procedures for adjustment according to

relevant provisions ofPoint 1.7, Section 1, Part nrofthis Circular.

3.2. To apply the "one-stop shop" mechanismaccording to the provisions ofthe Prime Minister'sDecision No. 181/2003/QD-TTg of September 4,2003, promulgating the Regulation on applicationof the "one-stop shop" mechanism at local stateadministrative agencies. Tointensify the notificationand exchange ofinformation with organizations andindividualsregisteringas hazardouswastegeneratorsvia the information network or email in the eolITSCofreceipt and examination ofdossiers and grant ofgenerator registers so as to shorten the handlingduration and reduce papers.

3.3. To organize the inspection ofenvironmentalprotection and hazardous waste managementactivitiesby hazardouswastegenerators,transportersand treatment and disposal facility owners withintheir respective localities. To detect and handleorganizations and individuals generating hazardouswastes or engaged in hazardouswaste transportation,treatment and disposal withoutregisteringhazardouswaste generators or hazardous waste managementlicenses.

3.4. To conduct propaganda and training to raisepublic awareness about hazardous wastemanagement and the provisions of this Circular intheir respective localities.

3.5. Tomake annual statistics on total volume ofhazardous wastes generated by the registeredgenerators, and to assess and send reports onhazardous waste management in their respectivelocalities, made according to the form set inAppendix 4 (D) to this Circular, to provincial/municipal People's Committees and the NaturalResources and Environment Ministry.

3.6. To coordinate with one another in buildinginformation systems and databases on hazardouswastes; to organize the registration of hazardouswaste generators and declaration ofhazardous waste

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26 OFFICIAL GAZETIe Issue nos03·04lJanuary 2007(CongSaonos09-10/January 4, 2007)

manifests, and make online hazardous wastemanagement reports in their respective localities.

4_ The specialized environmental protection

inspectorate shall perform the function ofinspecting

the hazardous waste management

5.Assorted licenses for hazardous waste collection,transportation, storage, treatment and disposalequivalent to hazardous waste management licenses

granted before the effective dateofthis Circularwillbevalid until June 30, 2007. Those licenses whichcease to bevalid betweenJuly 1, 2006, and June30,

2007, will be extended to June 30, 2007.Organizations and individuals thatownthese licenses

shall carryout procedures for registering adjustments

or new hazardous waste management licensesaccording to the provisions of this Circularin orderto avoid interrupted operation.

6. Difficulties or problems arising in the course

of implementation of this Circular should bepromptly reported byministries, branches, localities,

organizations and individuals to the Natural

Resources and Environment Ministry for study andappropriate supplementation.

7. This Circular takes effect 15 days after itspublication in "CONG BAO."

For the Minist8r ofNaturalResources and Environment

Vu:e MinisterPRAM KHOI NGUYEN

Note: All the appendices arenotprinted in this Circular.

,( VIETNAM LAW & LEGAL FORUM