DECREE
Prescribing a number of conditions for investment and business in the field of natural resources and environment
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Pursuant to the June 19, 2015 Law on Organization of the Government;
Pursuant to the November 26, 2014 Investment Law;
Pursuant to the November 17, 2010 Mineral Law;
Pursuant to the June 21, 2012 Water Resources Law;
Pursuant to the June 23, 2014 Environmental Protection Law;
At the proposal of the Minister of Natural Resources and Environment;
The Government promulgates the Decree prescribing a number of conditions for investment and business in the field of natural resources and environment.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decree prescribes a number of conditions for investment and business in the field of water resources, minerals and environmental protection, including:
a/ Conditions for the grant of underground water drilling practice licenses;
b/ Capacity conditions on organizations conducting baseline water resource survey, providing consultancy on water resource planning; capacity conditions on organizations and individuals providing consultancy on formulation of schemes and reports in dossiers of application for water resource licenses;
c/ Conditions on mineral exploration practicing organizations;
d/ Conditions for trading in bio-products used in waste treatment;
dd/ Conditions for commercial transportation of dangerous goods being hazardous substances or contagious matters of category 6 prescribed in Clause 1, Article 4 of the Government’s Decree No. 29/2005/ND-CP of March 10, 2005, defining the list of dangerous goods and the transportation thereof on inland waterways (below referred to as Decree No. 29/2005/ND-CP); Clause 1, Article 22 of the Government’s Decree No. 14/2015/ND-CP of February 13, 2015, detailing and guiding the implementation of a number of articles of the Railways Law (below referred to as Decree No. 14/2015/ND-CP) and Clause 1, Article 4 of the Government’s Decree No. 104/2009/ND-CP of November 9, 2006, defining the list of dangerous goods and the transportation thereof by road motor vehicles (below referred to as Decree No. 104/2009/ND-CP);
e/ Conditions for grant of hazardous waste treatment permits.
2. In addition to the investment and business conditions prescribed in this Decree, other conditions for investment and business in the field of natural resources and environment must comply with specialized laws and decrees.
Article 2. Subjects of application
1. The underground water drilling practicing conditions must apply to organizations and individuals practicing underground water investigation, survey, exploration or exploitation drilling (below referred to as underground water drilling practice) in the territory of the Socialist Republic of Vietnam.
2. The capacity conditions on organizations conducting baseline water resource survey or providing consultancy on water resource planning; the capacity conditions on organizations and individuals providing consultancy on formulation of schemes and reports in dossiers of application for water resource licenses must apply to:
a/ Organizations implementing schemes or projects on baseline water resource survey; providing consultancy on water resource planning and consultancy on formulation of schemes and reports in dossiers of application for water resource licenses; individuals providing independent consultancy on formulation of schemes and reports in dossiers of application for grant or extension of water resource licenses (below referred collectively to as organizations and individuals practicing in the field of water resources);
b/ Organizations and individuals exploring, exploiting and using water and discharging wastewater into water sources and involved in the formulation of schemes and reports in dossiers of application for water resource licenses;
c/ State management agencies involved in activities of baseline, water resource survey and planning, appraisal, grant and extension of water resource licenses.
3. The conditions on mineral exploration practicing organizations must apply to mineral exploration practicing organizations; to organizations and individuals licensed for mineral exploration; and to mineral state management agencies.
4. The conditions for trading in bio-products used in waste treatment in Vietnam must apply to state management agencies and to organizations and individuals conducting activities related to appraisal of dossiers of registration for circulation of bio-products; producing, trading in, importing or testing bio-products used in waste treatment in Vietnam.
5. The investment and business conditions prescribed at Point dd, Clause 1, Article 1 of this Decree must apply to state agencies and to organizations and individuals conducting activities related to transportation of dangerous goods being hazardous substances or contagious matters by road motor vehicle, inland waterway craft or by train in the territory of the Socialist Republic of Vietnam.
6. The conditions for grant of hazardous waste treatment permits must apply to state management agencies and to organizations and individuals conducting activities related to hazardous waste.
Chapter II
CONDITIONS FOR INVESTMENT AND BUSINESS IN THE FIELD OF WATER RESOURCES
Article 3. Scale of underground water drilling practice
1. The scale of underground water drilling practice is prescribed as follows:
a/ Small-scale underground water drilling practice means the practice of drilling and installing underground water wells with prop tubes or wall tubes of under 110 mm in diameter and belonging to works with a flow of smaller than 200 m3/day;
b/ Medium-scale underground water drilling practice means the practice of drilling and installing underground water wells with prop tubes or wall tubes of under 250 mm in diameter and belonging to works with a flow of between 200 m3/day and under 3,000 m3/day;
c/ Large-scale underground water drilling practice includes cases other than those specified at Points a and b, Clause 1 of this Article.
2. A work mentioned in Clause 1 of this Article means a system comprising one or more than one drilled well lying within an underground water exploration or exploitation site and at a distance of no more than 1,000 m in between, owned by one organization or individual; the water flow of a work is the total of the flows of all drilled wells belonging to that work.
3. Organizations and individuals licensed to practice underground water drilling on a certain scale may practice on that scale and smaller scales; and may drill and install drilling bores and wells for exploration, exploration, investigation or survey for underground water exploitation, study, assessment and monitoring purposes, with a diameter equivalent to that specified in Clause 1 of this Article.
Article 4. Conditions for grant of an underground water drilling license
An organization or individual practicing underground water drilling must fully meet the following conditions:
1. Possessing an establishment decision issued by competent authorities or a business registration certificate, a business and tax registration certificate or an enterprise registration certificate, for organizations, or a business household registration certificate, for groups of individuals and households, which is granted by a competent agency.
2. The head of the organization (director or director general) or the person in charge of technical matters of the organization or individual (below referred collectively to as person in charge of technical matters) must meet the following conditions:
a/ For small-scale underground water drilling practice:
Possessing the professional qualification of intermediate or higher level in a geological major (exploration geology, hydrologic geology, engineering geology, or geotechnics), drilling and having at least two years of experience in the field of practice, or being a drilling worker with skills of grade 3 or equivalent or of higher grade and having at least 4 consecutive years of experience in the field of practice; having personally participated in designing, report formulation or drilling for at least 5 underground water drilling works.
If having none of the above-prescribed diploma, he/she must have at least 5 consecutive years of experience in the field of practice, have personally participated in building at least 10 underground water drilling works and possess a certificate of completion of a technical training course on protection of underground water resources in underground water drilling, organized by the Department of Water Resources Management or provincial-level Departments of Natural Resources and Environment;
b/ For medium-scale underground water drilling practice:
Possessing a university or higher degree in a geological major (exploration geology, hydrologic geology, engineering geology, or geotechnics), drilling and at least 3 years of experience in the field of practice, or an intermediate or higher qualification in a geological major (exploration geology, hydrologic geology, engineering geology, or geotechnics), drilling and at least 5 years of experience in the field of practice, having personally participated in formulation of schemes and reports on exploration and designing of exploitation drilling well systems or having directed the construction of at least 5 underground water drilling works with a flow of 200 m3/day or more each;
c/ For large-scale underground water drilling practice:
Possessing a university or higher degree in a geological major (exploration geology, hydrologic geology, engineering geology, or geotechnics), drilling and at least 7 years of experience in the field of practice; having personally participated in formulation of schemes and reports on exploration and designing of exploitation drilling well systems or having directed the construction of at least 5 underground water drilling works with a flow of 300 m3/day or more each;
d/ The person in charge of technical matters must be an employee of the practicing organization or individual or sign a labor contract with the latter as prescribed by the labor law. If the labor contract has a definite term, it must remain valid for at least 12 months at the time of submitting the dossier.
3. Drilling machinery and equipment must have appropriate technical properties as prescribed in Article 10 of this Decree.
Article 5. Capacity conditions on organizations practicing in the field of water resources
1. An organization practicing in the field of water resources must possess one of the following papers:
a/ Establishment decision of a competent agency defining the functions and tasks related to baseline survey, water resource planning and other activities related to water resources;
b/ Business registration certificate or business and tax registration certificate or enterprise registration certificate granted by a competent agency.
2. Having professional employees to participate in scheme or project implementation and report formulation who satisfy the following conditions:
a/ For water resource baseline survey or planning schemes or projects: Having a professional structure and working experience as prescribed in Article 6, the person assigned to take charge of technical matters meets the requirements specified in Article 7 of this Decree;
b/ For the formulation of schemes and reports in dossiers of application for water resource licenses: Having a professional structure and working experience as prescribed in Article 8 of this Decree.
3. An individual professional employee referred to in Clause 2 of this Article must meet the following conditions:
a/ Being a Vietnamese citizen or a foreigner who has a permit for working in Vietnam as prescribed by the labor law;
b/ Possessing a university or higher diploma in a major relevant to his/her assigned tasks. Such a diploma may be granted by a Vietnamese or foreign training institution in accordance with law;
c/ Possessing an employment decision or a labor contract with the organization as prescribed by law. If possessing a definite-term labor contract, it must remain valid for at least 6 months at the time of making a dossier proving the capacity for practice in the field of water resources.
4. Having specialized machinery and equipment specified in Article 10 of this Decree. If the machinery and equipment are not owned by organizations, there must be rent contracts with other organizations or individuals.
5. If a work item under a scheme, project or report is subject to certain conditions upon implementation, an organization must satisfy such conditions or sign a joint-venture or partnership or hiring contract with an organization or individual that meets such conditions for implementation.
Article 6. Conditions on professional employees of organizations participating in the implementation of schemes or projects on water resource baseline survey or consultancy on water resource planning
1. For an organization implementing a water resource baseline survey scheme or project:
a/ Professional structure: Having at least 5 employees who have been trained in majors relevant to surface water, seawater (hydrography, oceanography, engineering hydrology, environmental hydrology, water resource techniques), underground water (geology, hydrologic geology, engineering geology, exploration boring, geophysics, geotechnics), environment (environmental science, environmental technology, environmental techniques, environmental management), water resource management or other majors relevant to water resources. The structure of professional employees must be suitable to specific contents of each water resource baseline survey scheme or project;
b/ Working experience: Having at least 3 years of experience relevant to baseline survey or water resource planning or having personally participated in the implementation of at least 2 schemes or projects on water resource baseline survey or planning.
2. For an organization implementing a water resource planning project:
a/ Professional structure: Having at least 7 employees who have been trained in majors relevant to surface water or marine water (hydrology, marine hydrology, engineering hydrology, environmental hydrology and water resource techniques), underground water (geology, hydrogeology, engineering geology, exploration boring, geophysics and geotechnics), environment (environmental science, environmental technology, environmental techniques and environmental management), water resource management or other majors relevant to water resources. The structure of professional employees must be suitable to specific contents of each water resource planning project;
b/ Working experience: Having at least 4 years of experience relevant to baseline survey or water resource planning or having personally participated in the implementation of at least 3 water resource baseline survey or planning schemes or projects.
Article 7. Conditions on persons in charge of technical matters of water resource baseline survey or planning schemes or projects
1. For water resource baseline survey schemes or projects:
a/ Major: Having been trained in one of the majors of hydrology, marine hydrology, hydrogeology, environmental techniques and water resource techniques;
b/ Working experience: Having at least 5 years of experience in water resource baseline survey or planning on or having participated in the implementation of at least 3 water resource baseline survey or planning schemes or projects;
c/ At a time, taking charge of technical matters of no more than 3 water resource baseline survey schemes or projects.
2. For water resource planning projects:
a/ Major: Having been trained in one of the majors of hydrography, hydrogeology, environmental techniques and water resource techniques;
b/ Working experience: Having at least 7 years’ experience in water resource baseline survey or planning or having participated in the implementation of at least 5 water resource baseline survey or planning schemes or projects;
c/ At a time, taking charge of no more than 2 water resource planning projects.
Article 8. Conditions on professional employees of organizations formulating schemes or reports in dossiers of application for water resource licenses
1. Number of professional employees:
a/ For schemes and reports under the licensing competence of the Ministry of Natural Resources and Environment: Having at least 3 employees who have been trained in a major specified in Clause 2 of this Article;
b/ For schemes and reports under the licensing competence of provincial-level People’s Committees: Having at least 2 employees who have been trained in a major specified in Clause 2 of this Article.
2. Majors:
a/ For schemes and reports on surface water or marine water exploitation and use: majors relevant to surface water, marine water (hydrology, marine hydrology, engineering hydrology, environmental hydrology and water resource techniques);
b/ For schemes and reports on underground water exploration, exploitation and use: majors relevant to underground water (geology, hydrogeology, engineering geology, exploration drilling, geophysics and geotechnics);
c/ For schemes and reports on discharge of wastewater into water sources: training majors relevant to environment (environmental science, environmental technology, environmental techniques and environmental management).
3. Working experience:
a/ For schemes and reports under the licensing competence of the Ministry of Natural Resources and Environment: Having at least 3 years’ experience in the field of water resources or environment or having personally participated in the formulation of at least 3 schemes or reports. For persons taking charge of technical matters of schemes or reports, having at least 5 years’ experience or personally participated in the formulation of at least 5 schemes or reports;
b/ For schemes and reports under the licensing competence of provincial-level People’s Committees: Having at least 2 years’ experience in the field of water resources, environment or personally participated in the formulation of at least one scheme or report. For persons taking charge of technical matters of schemes or reports, having at least 3 years’ experience or personally participated in the formulation of at least 3 schemes or reports.
4. At a time, a person taking charge of technical matters of schemes or reports may only take charge of technical matters of no more than 3 schemes or reports.
Article 9. Conditions on individuals providing independent consultancy on the formulation of schemes and reports in dossiers of application for water resource licenses
An independent consultant on formulation of schemes and reports in dossiers of application for water resource licenses must satisfy the conditions specified at Points a and b, Clause 3, Article 5 of this Decree, and the following conditions:
1. His/her major must be relevant to types of schemes and reports as prescribed in Clause 2, Article 8 of this Decree.
2. Working experience:
a/ For the formulation of schemes and reports in dossiers of application for water resource licenses under the licensing competence of the Ministry of Natural Resources and Environment, he/she must have at least 15 years’ experience and have taken charge of technical matters of at least 7 schemes and/or reports;
b/ For the formulation of schemes and reports in dossiers of application for water resource licenses under the licensing competence of provincial-level People’s Committees, he/she must have at least 8 years’ experience in the field of water resources and have taken charge of technical matters of at least 5 schemes or reports.
3. At a time, an independent consultant may only provide independent consultancy for one scheme or report in a dossier of application for a water resource license.
Article 10. Conditions on specialized machinery and equipment
1. The existing or hired specialized machinery and equipment must ensure the quantity, quality and technical properties suitable to the contents of work items.
2. If machinery and equipment are subject to quality inspection as prescribed, they must have quality inspection certificates issued by competent agencies.
3. If a scheme or project is composed of items on underground water drillings, drilling machines and equipment must meet the requirements on professional practice scale and labor safety as prescribed.
Article 11. Dossiers on capacity of organizations and individuals participating in the implementation of schemes, projects or reports in the field of water resources
1. A practicing organization or individual, when implementing a scheme or project on baseline survey, consultancy on planning, a scheme or report in a dossier of application for a water resource license must have a dossier proving their capacity as required by this Decree.
2. A capacity dossier of an organization practicing in the field of water resources:
a/ Certified copies or copies enclosed with originals for comparison of the papers specified in Clause 1 of Article 5, and papers, documents and contracts proving the satisfaction of requirements with regard to work items subject to certain conditions upon implementation (if any) as prescribed in Clause 5, Article 5 of this Decree;
b/ List of professional employees and the person assigned to take charge of technical matters; certified copies or copies enclosed with originals for comparison of people’s identity cards, citizen identity cards or passports, training diplomas, practicing licenses (if any), labor contracts or employment decisions; documents and papers proving the working experience of each individual as prescribed in Articles 6, 7 and 8 of this Decree;
c/ List of specialized machines and equipment to be used for implementation of schemes or projects and documents proving the satisfaction of the requirements specified in Article 10 of this Decree.
3. A capacity dossier of an independent consultant on formulation of schemes, reports in dossiers of application for water resource licenses:
a/ Certified copies or copies enclosed with originals for comparison of people’s identity cards, citizen identify cards or passports, and training diplomas;
b/ Documents and papers proving the working experience of the individual meets the requirements specified in Clause 2, Article 9 of this Decree.
4. A practicing organization or individual shall submit its/his/her capacity dossier to an agency competent to assign tasks, to place orders or hold bidding, or to an organization or individual that hires the formulation of a scheme or report, for use as a basis for selection of an organization or individual fully eligible to implement a scheme, project or report.
Chapter III
CONDITIONS ON MINERAL EXPLORATION PRACTICING ORGANIZATIONS
Article 12. Mineral exploration practicing organizations
A mineral exploration practicing organization, when signing a contract on the implementation of a mineral exploration scheme with an organization or individual licensed to explore minerals must meet the requirements specified in Article 35 of the Mineral Law and this Decree, as follows:
1. It is an enterprise set up under the Enterprise Law.
2. It is a science and technology organization set up under the Law on Science and Technology.
3. It is a cooperative or a union of cooperatives set up under the Law on Cooperatives.
4. It is a non-business geological organization set up by a competent state agency with mineral exploration functions and tasks.
Article 13. Mineral exploration practice dossiers
1. A mineral exploration practicing organization defined in Article 12 of this Decree, when implementing a mineral exploration scheme, must possess a mineral exploration practice dossier comprising:
a/ A certified copy of the establishment decision or certificate of scientific and technological operations or enterprise registration certificate, granted by a competent agency;
b/ A mineral exploration scheme implementation contract with an organization or individual licensed to conduct mineral exploration, enclosed with the mineral exploration permit granted by a competent agency;
c/ List of employees and workers to participate in the implementation of the mineral exploration scheme; labor contract (or equivalent documents) of the person in charge of technical matters and technicians to directly participate in the implementation of the scheme as prescribed;
d/ Documents of individuals to participate in the implementation of the mineral exploration scheme (certified copies or copies enclosed with originals for comparison), including: task assignment decision for the person in charge of technical matters (below referred to as mineral exploration scheme director), enclosed with his/her practice diplomas and certificates, and his/her curriculum vitae; labor contracts or employment decisions; decisions on title appointment or task assignment; practice diplomas and certificates relevant to assigned tasks; copies of people’s identity cards, citizen identity cards or passports;
dd/ List of specialized equipment and tools for construction of mineral exploration works suitable to the mineral exploration scheme.
2. If the mineral exploration scheme is directly implemented by an organization possessing a mineral exploration permit, it must have a dossier as prescribed at Points c, d and e, Clause 1 of this Article.
3. A mineral exploration dossier prescribed in Clause 1 of this Article shall be managed and archived by the organization or individual possessing the mineral exploration permit and by the mineral exploration practicing organization.
Article 14. Conditions on mineral exploration scheme directors
1. A mineral exploration scheme director must satisfy the requirements specified at Point b, Clause 1, Article 35 of the Mineral Law, and the following requirements:
a/ Being a Vietnamese citizen or foreigner who has a permit for working in Vietnam as prescribed by the labor law;
b/ Possessing a university or higher degree in mineral exploration geology or equivalent; or in hydrogeology-engineering geology, for schemes on mineral water or thermal spring water exploration;
c/ Having at least 5 years’ experience in the implementation of schemes on geological survey or mineral exploration; possessing a certificate of mineral exploration scheme director, granted by the Ministry of Natural Resources and Environment;
d/ A mineral exploration scheme director, when implementing an exploration scheme, must meet the condition on number of years of experience as prescribed at Point b, Clause 1, Article 35 of the Mineral Law. If such scheme is on exploration of hazardous minerals, he/she must have participated as a geological technician in the implementation of at least one scheme on exploration of hazardous minerals. If such scheme is on exploration of other minerals, he/she must have participated as a geological technician in at least one exploration scheme.
2. A mineral exploration scheme director may only perform his/her duties when so assigned such tasks under a decision of an organization licensed to conduct mineral exploration or of a mineral exploration practicing organization.
3. At a time, a mineral exploration scheme director may only take charge of no more than 2 mineral exploration schemes. Upon elaboration of a report on mineral exploration results, a mineral exploration scheme director must have directed the implementation for a period representing at least 25% of the duration of implementation of the exploration scheme stated in the mineral exploration permit.
Article 15. Conditions on technical workers implementing mineral exploration schemes
1. The number of technical workers who have been trained in geodesy, geology, hydrologic geology, engineering geology, geophysics, work construction (digging, drilling) and other relevant specialties must meet the requirement of the minerals exploration scheme already appraised upon the grant of the mineral exploration permit.
2. Groups of technical workers in different specialties, when participating in construction, must each appoint a head who meets the following requirements on professional capacity and experience:
a/ For a scheme on exploration of hazardous minerals, the head of a group must have a working time of at least 5 years, if he/she has an intermediate vocational degree, or of 3 years if he/she has a university degree, including at least one year of participation in the implementation of a scheme on geological survey or exploration for hazardous minerals;
b/ For other mineral exploration scheme, the head of a group must have a working time of at least 3 years, if he/she has an intermediate vocational degree, or of 2 years, if he/she has a university degree.
Article 16. Conditions on special-use equipment and tools for construction of mineral exploration works.
1. Special-use equipment and tools for construction of mineral exploration works must ensure the quantity, quality and technical properties suitable to work items and tasks specified in the exploration schemes already appraised upon the grant of mineral exploration permits.
2. The exploration of radioactive minerals and rare earth shall be carried out with specialized equipment and tools operated by technicians satisfying the radiation safety requirements prescribed by the law on nuclear radiation safety.
Chapter IV
CONDITIONS FOR INVESTMENT AND BUSINESS IN THE FIELD OF ENVIRONMENTAL PROTECTION
Section 1
CONDITIONS FOR TRADING IN BIO-PRODUCTS USED IN WASTE TREATMENT
Article 17. Conditions for trading in bio-products used in waste treatment
1. Organizations and individuals trading in or importing bio-products used in waste treatment (below referred to as bio-products for short) must possess a certificate of sale of bio-products granted by the Vietnam Environment Administration, the Ministry of Natural Resources and Environment, in accordance with this Decree.
2. Bio-products, which already have a certificate of sale but see changes in their composition or contents of active substances, thus affecting the treatment effect and the health of people, animals or plants, shall be registered for re-grant of certificates of sale as prescribed in Article 20 of this Decree.
Article 18. Certificate of sale of bio-products
A certificate of sale of bio-products used in waste treatment must contain the following details:
1. Name of registered bio-product.
2. Quantity of bio-products allowed for sale.
3. Composition of active substances and/or microorganisms (scientific name, concentration, density) in bio-products.
4. Producer (name, address and telephone number).
5. Registry (name, address and telephone number).
6. Use and shelf life of bio-products.
7. Packing specifications.
Article 19. Dossier of registration for sale of bio-products
1. A written application for bio-product sale registration, made according to the form provided in Appendix I to this Decree.
2. A copy of the enterprise registration certificate (if any).
3. The bio-product production process.
4. A certified copy or a copy enclosed with the original for comparison (in case of direct submission of dossiers) of the paper of bio-product quality testing or analysis results, issued by a domestic or foreign inspection unit.
5. A written introduction of bio-products, made according to the form provided in Appendix II to this Decree.
6. A certified copy or a copy enclosed with the original for comparison (in case of direct submission of dossiers) of the record of assessment by the managing agency’s Scientific Council, for bio-products being the outcomes of scientific research schemes (if any).
7. The bio-product testing result (if any).
8. Labels and official forms of package proposed for circulation, enclosed with written instruction on preservation and use of bio-products and warnings on possible harms to the health of people, animals or plants.
9. A certified copy or a copy enclosed with the original for comparison (in case of direct submission of dossiers) of the protection title or a written commitment of non-violation of intellectual property regulations, for locally made bio-products proposed for sale registration.
10. A certified copy or a copy enclosed with the original for comparison (in case of direct submission of dossiers) of the bio-product sale permits issued by a competent agency of the country of production, for imported bio-products.
11. A detailed testing plan with the following major contents: testing content, time, location and agency, for bio-products without recognized testing results.
Article 20. Order and procedures for grant of certificates of sale of bio-products
1. Organizations and individuals referred to in Article 17 of this Decree shall each prepare 7 sets of dossier of registration for sale of bio-products as prescribed in Article 29 of this Decree and send it directly or by post to the Vietnam Environment Administration for consideration, evaluation and grant of a certificate of sale of bio-products.
2. Within 5 working days after receiving a dossier, the Vietnam Environment Administration shall examine its completeness and validity. If the dossier is incomplete or invalid, it shall notify such in writing to the registering organization or individual for modification and supplementation.
3. Within 10 working days after examining the completeness and validity of the dossier for bio-products without testing results, the Vietnam Environment Administration shall notify in writing the registering organization or individual of the program for supervision and examination based on the contents of the latter’s detailed testing plan.
4. Within 20 working days after receiving a complete dossier prescribed in Clause 2 of this Article or the bio-product testing result prescribed in Clause 3 of this Article, the Vietnam Environment Administration shall form a specialized Scientific Council to assess the bio-product circulation registration dossier (below referred to as the Council).
5. Granting a bio-product circulation certificate
a/ Within 7 working days after the Council approves the result without any change and supplement, the Vietnam Environment Administration shall consider and decide to grant a bio-product circulation certificate;
b/ If the Council approves the result subject to modification and supplementation, the Vietnam Environment Administration shall notify such in writing to the organization or individual for completion of its/his/her dossier. Within 7 working days after receiving a complete dossier from the organization or individual, the Vietnam Environment Administration shall consider and decide to grant bio-product circulation certificates;
c/ If the Council disapproves, within 2 working days after the conclusion of the Council’s meeting, the Vietnam Environment Administration shall notify in writing the Council’s disapproval and the reason to the bio-product circulation-registering organization or individual.
6. For a bio-product already having a certificate of sale, an organization or individual that wishes to continue trading in or importing it shall, within at least 15 working days before the sale time, notify its name and quantity to the Vietnam Environment Administration of the Ministry of Natural Resources and Environment. Within 5 working days after receiving the notification of an organization or individual, the Vietnam Environment Administration shall issue a written reply to the organization or individual. An organization or individual may only put the bio-product on sale only after obtaining the approval from the Vietnam Environment Administration.
Article 21. Withdrawal of certificates of sale of bio-products
1. A certificate of sale of bio-products shall be withdrawn in the following cases:
a/ it is granted against regulations;
b/ The composition of the bio-product is changed;
c/ The registered bio-product infringes industrial property rights as certified by a competent agency.
2. An organization or individual that has its/his/her certificate of sale of bio-products shall recall and dispose of the bio-products manufactured or imported and being in circulation in accordance with law.
3. When a certificate of sale of a bio-product is withdrawn, the Vietnam Environment Administration shall remove such bio-product from the list of bio-products used in waste treatment in Vietnam and publish it on its website and the website of the Ministry of Natural Resources and Environment.
Article 22. Bio-product-testing establishments
1. A testing establishment is an organization functioning to research and transfer biological or environmental technologies (under an establishment decision or scientific and technological operation registration certificate issued by a competent agencies) and having adequate equipment, raw materials and materials as well as human resources for on-site testing according to use instructions of bio-products.
2. An organization or individual applying for bio-product sale registration may select an agency and locations for testing and shall pay testing expenses under the signed contract.
3.A testing establishment may select an agency to coordinate in the testing process; and shall archive records on testing results for at least 60 months after the conclusion of a test.
Article 23. Contents, methods and reporting of bio-product testing
1. Contents of testing for each kind of bio-product include:
a/ Composition and quality of the bio-product against the promulgated standards;
b/ Use effect of the product as stated in its use instructions;
c/ Safety on the health of people and animals and plants in the course of using the bio-product.
2. Testing methods must comply with relevant standards and technical regulations and other testing methods must be objective and scientific.
3. A product testing result report of a testing establishment must fully contain the following details:
a/ Name of the testing establishment and name of the test-requesting organization or individual;
b/ Name of the tested bio-product, enclosed with documents on composition, effects, way of preservation, use, labels and packages;
c/ Pre-test conditions of the bio-product;
d/ Requested test contents;
dd/ Testing location, time, scale and methods;
e/ Testing results, conclusions and recommendations.
Article 24. Supervision and inspection of bio-product testing
1. The Vietnam Environment Administration shall supervise and inspect or authorize local Environmental Protection Departments to supervise and inspect the testing of bio-products according to its written notifications mentioned in Clause 3, Article 20 of this Decree.
2. A supervision and inspection team must be composed of representatives from the Vietnam Environment Administration or local Environmental Protection Department and bio-technology specialists.
3. Supervision and inspection results shall be recorded in writing together with discussion opinions and proposals in the presence and with the certification of members of the inspection team and a representative of the bio-product testing agency.
Article 25. List of bio-products used in waste treatment in Vietnam
1. Bio-products with certificates of sale shall be included in the list of bio-products used in waste treatment in Vietnam and published on the websites of the Ministry of Natural Resources and Environment and of the Vietnam Environment Administration.
2. Biannually, the Vietnam Environment Administration shall scrutinize, modify and supplement the list of bio-products used in waste treatment in Vietnam.
Section 2
BUSINESS CONDITIONS FOR TRANSPORTATION OF DANGEROUS GOODS BEING HAZARDOUS SUBSTANCES OR CONTAGIOUS MATTERS
Article 26. Requirements on permits for transportation of dangerous goods being hazardous substances or contagious matters
1. Permits for transportation of dangerous goods being hazardous substances or contagious matters are required in the following cases:
a/ When the dangerous goods being hazardous substances or contagious matter are transported by road motor vehicle in a quantity equal to or larger than the limit requiring a transport permit as prescribed in Column 6, Appendix III to this Decree;
b/ When the quantity of each kind of dangerous goods transported does not exceed the limit specified in Column 6 of Appendix III to this Decree, but the total quantity of all hazardous substances or contagious matters transported on the same motor vehicle is larger than 1ton/shipment (excluding the package weight).
2. Organizations and individuals that meet the conditions prescribed in this Decree are not required to obtain permits for transportation of dangerous goods being hazardous substances or contagious matters in the following cases:
a/ When the dangerous goods being hazardous substances or contagious matters are transported by road motor vehicle in a quantity below the limit requiring a transportation permit as prescribed in Column 6 of Appendix III to this Decree, and such organization or individual has a plan to prevent and cope with environmental incidents during the transportation of dangerous goods (made according to the form provided in Appendix IV to this Decree) and must comply with the transportation conditions specified in Articles 27, 28 and 29 of this Decree;
b/ When the dangerous goods being hazardous substances or contagious matters are transported by inland waterway or railway, and such organization or individual and they comply with relevant provisions of Decree No. 299/2005/ND-CP or Decree No. 14/2015/ND-CP and the transportation conditions specified in Articles 27, 28 and 29 of this Decree.
Article 27. Conditions on packing, packages, containers, labeling, symbols and signs of hazardous substances and contagious matters
1. Requirements on packing, packages and containers of dangerous goods being hazardous substances or contagious matters:
a/ The packing of dangerous goods and the use of materials for making packages and containers of dangerous goods must comply with regulations of national standard TCVN 5507:2002 - Dangerous chemicals - Regulations on safety in production, trading, use, preservation and transportation (below referred to as TCVN 5507:2002), or replacing documents, and conform with the requirements and technical standards relevant to such type of goods (if any);
b/ Packages and containers of dangerous goods are corrosion-resistant, stainless and cause no chemical reaction with contained substances; are anti-absorbent, tight and secure to prevent leakage during transportation under normal conditions, and minimize the leakage of dangerous goods into the environment when an incident occurs;
c/ If dangerous goods are packed by the transporting organization or individual, it/he/she shall test packages and containers before use to avoid dispersal or leakage during transportation and bear responsibility for the testing result;
d/ Packages and containers of dangerous goods shall be separately preserved after use according to national standard TCVN 5507-2002.
2. Labeling requirement:
The labeling of dangerous goods must comply with regulations on labels of goods and labeling of chemicals.
3. Requirements on danger symbols and signs:
a/ Danger symbols and signs shall be shown on the packages and containers of dangerous goods;
b/ Danger symbols of kinds and categories of transported goods shall be shown on carrying vehicles. If different kinds of dangerous goods are carried on the same vehicle, the danger symbols of all kinds of goods shall be shown on the vehicle on both sides and at the rear of such vehicle, which can withstand the weather and common impacts during loading, unloading and transportation. Danger symbols and signs may not be shown on vehicles that do not carry dangerous goods;
c/ The danger symbols and signs of kinds and categories of transported goods must comply with Article 6 of Decree No. 29/2005/ND-CP, Article 24 of Decree No.14/2015/ND-CP, or Article 9 of Decree No.104/2009/ND-CP;
d/ For road motor vehicles and trains carrying bulk commodities in a quantity equal to or larger than the limit requiring a transportation permit as prescribed in Column 6 of Appendix III to this Decree, in addition to the danger symbols and signs, emergency information boards shall be placed at the rear of the vehicle or train with their bottom edge at least 450 mm above the ground.
4. Requirements on loading, unloading and storage of dangerous goods:
a/ Concerned organizations and individuals shall strictly comply with instructions on preservation, loading, unloading and storage of every kind of dangerous goods in accordance with national standard TCVN 5507:2002 or with notifications of owners of dangerous goods and owners of transporting vehicles;
b/ The loading, unloading and storage of dangerous goods must comply with Article 9 of Decree No.29/ 2005/ND-CP or Article 29 of Decree No. 104/2009/ND-CP.
5. During transportation, dangerous goods being hazardous substances or contagious matters shall be accompanied by chemical safety data sheets under current regulations.
Article 28. Conditions on vehicles carrying dangerous goods being hazardous substances or contagious matters
Road motor vehicles, trains and inland waterway craft that carry dangerous goods being hazardous substances or contagious matters must satisfy the relevant conditions for each type of vehicle prescribed in Article 13 of Decree No. 14/2015/ND-CP and Article 10 of Decree No.29/2005/ND-CP, and the following conditions:
1. Neither transporting dangerous goods together with passengers, animals, food and foodstuff nor transporting dangerous goods that may interact to cause fires, explosions or create new substances harmful to the environment and health of people on the same vehicles.
2. Being furnished with equipment to wholly cover the cargo holds. Such equipment must be resistant to permeation and fire and damage when coming into contact with transported goods; be resistant to impact and ensure safety and minimize leakage of hazardous substances or contagious matters into the environment when an incident occurs.
3. Being fully furnished with equipment and materials to cope with incidents in the course of transportation as described in the plans to prevent and cope with environmental incidents during the transportation of dangerous goods, made according to the form provided in Appendix IV to this Decree.
4. Meeting norms, regulations and standards on transportation of dangerous chemicals or goods and the conditions on fire prevention and fighting as prescribed by law, and complying with the compulsory fire and explosion insurance requirements as prescribed by law.
5. Road motor vehicles, when carrying dangerous goods, must have a cabin large enough for two persons, including the driver or operator and an escort of dangerous goods.
Article 29. Conditions on vehicle drivers or operators and escorts of dangerous goods being hazardous substances and contagious matters
1. A vehicle driver or operator must possess an unexpired driving or operation license relevant to the type of vehicle stated in the dangerous goods transport permit.
2. A vehicle driver or operator and an escort of dangerous goods must satisfy one of the following conditions:
a/ Having been trained in and granted a certificate of training in transportation of dangerous goods being hazardous substances and contagious matters by the Ministry of Natural Resources and Environment;
b/ Having been trained in and granted a certificate of training in chemical safety or in transportation of other dangerous goods which remains valid and is issued by a competent state agency;
c/ Possessing an intermediate or higher degree in chemicals.
Article 30. Hired transportation of dangerous goods being hazardous substances and contagious matters
If an owner of dangerous goods hires an owner of a vehicle to carry dangerous goods, the following provisions must be complied with:
1. For road motor vehicles:
a/ For dangerous goods, the goods owner shall sign an economic contract or a written agreement on transportation with the owner of the vehicle to carry dangerous goods who has a dangerous goods transportation permit relevant to types of goods to be transported;
b/ If the owner of the vehicle does not have a dangerous goods transportation permit relevant to types of goods to be transported, the owner of dangerous goods must fully meet the transportation conditions specified in Articles 27, 28 and 29 of this Decree and submit a dossier of application for a permit for dangerous goods transportation by road motor vehicle for each goods shipment as prescribed.
2. For inland waterway crafts and trains:
For dangerous goods, the goods owner shall sign an economic contract or a written agreement on transportation with the owner of the vehicle to carry dangerous goods, which must state that the owner of the vehicle fully meets the conditions on transportation safety and environmental protection applicable to each type of goods to be transported as prescribed in Article 27, Clauses 1, 2, 3 and 4 of Article 28, and Article 29 of this Decree.
3. The hiring of transportation of dangerous goods must comply with current regulations.
Section 3
CONDITIONS FOR GRANT OF HAZARDOUS WASTE TREATMENT PERMITS
Article 31. Conditions for grant of hazardous waste treatment permits
An organization or individual registering for grant of a hazardous waste treatment permit must satisfy the conditions prescribed in Article 9 of the Government’s Decree No. 38/2015/ND-CP of April 24, 2015, on management of wastes and scraps and the technical requirements and management process relating to the conditions for grant of hazardous waste treatment permits, including:
1. Equipment and vehicles for storage, transportation and treatment of hazardous wastes (including preliminary treatment, recycling, co-treatment and recovery of energy from hazardous wastes) must satisfy the technical requirements and management process specified in Appendix V to this Decree.
2. Vehicles carrying hazardous wastes must have a GPS connected to the online information network in order to identify their location and to record the hazardous waste transportation itinerary.
3. Each vehicle or equipment may be registered for only one hazardous waste treatment permit, except for sea, railway and airway transportation.
4. Environmental protection facilities at a hazardous waste treatment establishment and a hazardous waste transshipment depot (if any) must satisfy the technical requirements and management process specified in Appendix V to this Decree.
5. An organization or individual registering for grant of a hazardous waste treatment permit shall prepare all contents on the process of safe operation of systems, vehicles and equipment; plans on pollution control and environmental protection, labor safety and health protection, incident prevention and coping, annual training, pollution treatment and environmental protection upon completion of operation; and programs on environment supervision, treatment supervision and efficiency assessment of treatment of hazardous wastes.
6. An organization or individual registering for grant of a hazardous waste treatment permit shall prepare brief or diagramed instruction boards on the safe operation process as prescribed in Clause 5 of this Article of proper sizes and install them at positions convenient for observation on vehicles and in treatment establishments and hazardous waste transshipment depots (if any).
Chapter V
IMPLEMENTATION RESPONSIBILITIES
Article 32. Effect
1. This Decree takes effect on July 1, 2016.
2. Transitional provisions
a/ Organizations and individuals that are granted underground water drilling practice licenses before this Decree takes effect may continue using them. Dossiers of application for underground water drilling practice licenses received by competent agencies before this Decree takes effect shall be processed according to the regulations effective at the time of receipt.
Organizations and individuals that obtain approval or task assignment decisions or contracts for performance of water resource baseline survey, consultancy on water resource planning, formulation of schemes or reports in dossiers of application for water resource licenses before this Decree takes effect, will continue implementing or performing them.
b/ Organizations and individuals that are granted certificates of sale of bio-products before this Decree takes effect may continue using them, except for withdrawn ones. Dossiers already received by competent state agencies before this Decree takes effect shall be processed under regulations effective at the time of receipt;
c/ Permits for transportation of dangerous goods being hazardous substances or contagious matters which become valid before this Decree takes effect may continue to be used, except for withdrawn or re-grant ones. The receipt and processing of dossiers of application for permits for transportation of dangerous goods being hazardous substances or contagious substances before this Decree takes effect shall be carried out under regulations effective at the time of receipt.
Article 33. Implementation responsibilities
1. The Minister of Natural Resources and Environment shall guide the implementation of this Decree.
2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall, within the ambit of their respective functions and tasks, implement this Decree.-
On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC
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Prime Minister |
(Signed) |
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Nguyen Xuan Phuc |