INTER-MINISTERIAL CIRCULAR No.1590/1997/TTLT-BKHCNMT-BXD OF OCTOBER 17, 1997 GUIDING THE IMPLEMENTATION OF DIRECTIVE No.199-TTg OF APRIL 3, 1997 OF THE PRIME MINISTER ON URGENT MEASURES TO MANAGE SOLID WASTE IN URBAN AREAS AND INDUSTRIAL PARKS.

- Pursuant to the Law on Protection of Environment of December 27, 1993; Decree No.175-CP of October 18, 1994 of the Government guiding the implementation of the Law on Protection of Environment; Decree No.22-CP of May 22, 1993 of the Government on the tasks, powers and organizational structure of the Ministry of Science, Technology and Environment; and Decree No.15-CP of March 4, 1994 of the Government on the functions, tasks, powers and organizational structure of the Ministry of Construction;

- Pursuant to Directive 199-TTg of April 3, 1997 of the Prime Minister on urgent measures to manage solid waste in urban areas and industrial parks;

- On the basis of the practical situation of the management of solid waste in urban areas and industrial parks throughout the country;

The Ministry of Science, Technology and Environment and the Ministry of Construction hereby provide the following guidances for the implementation of Directive No.199-TTg of April 3, 1997 of the Prime Minister on urgent measures to manage solid waste in urban areas and industrial parks:

I.- GENERAL PROVISIONS

1. The "solid waste" referred to in this Circular is understood as the solid waste from various activities in urban areas and industrial parks, including: waste from living quarters, waste from commercial activities, urban services, hospitals, industrial discharge and waste from construction activities (hereafter referred to as waste for short).

2. The waste management is an activity aimed to control the whole process from waste discharge to the collection, transport, treatment (re-use or recycling) and destruction (incineration, burial...) of waste as well as control of waste destroying places.

3. The ministries, the ministerial-level agencies, the agencies attached to the Government, the People's Committees of the provinces and cities directly under the Central Government shall, according to their respective functions, tasks and powers, have to manage waste in accordance with provisions of Directive No.199-TTg of April 3, 1997 of the Prime Minister and this guiding Circular.

II.- ORGANIZATION OF IMPLEMENTATION

1. All organizations and individuals (production and business establishments, including joint ventures involving foreign parties or enterprises with 100% of foreign investment capital, offices, schools, hospitals, family households in urban areas and industrial parks, etc.) that discharge waste from their activities must:

- Apply measures to minimize waste, classify waste at its very sources, abide by the regulations of the waste-collecting agencies, so as to thoroughly collect discharged waste and transport them to the treating or destroying sites.

- Apply measures to treat their waste to the utmost. If they don't have waste treating facilities, they must sign contracts with waste-managing units for the collection of all discharged waste.

- Not dump hazardous waste at any places without permission from the State management agency in charge of environmental protection.

- Strictly abide by the regulations on payment of waste management fees already approved by the competent agency.

2. The People's Committees of the provinces and cities directly under the Central Government shall:

2.1. Quickly approve plans for construction of waste burying sites up to the hygiene standards in their respective localities together with waste treating and recycling projects. The area of a waste burying site shall be determined depending on the demographic situation, the socio-economic conditions and industrial development of each locality. However, the planning and construction of waste burying sites in urban areas must meet the following basic requirements:

- Being capable of satisfying the requirement of burying waste for at least 25 years. The planned area of a waste burying site for each urban center shall be determined as follows:

Urban center of class 1: From 100 to 150 hectares

Urban center of class 2: From 50 to 100 hectares

Urban center of class 3: From 20 to 50 hectares

Urban center of class 4: From 10 to 20 hectares

- Waste burying sites shall not be located near living quarters to avoid harmful impacts on the environment and human health but not too far from the urban centers and industrial parks so as to reduce transport costs.

- Waste burying sites must be designed and constructed in conformity with the technical and environmental hygiene standards, they must have systems for storing and treating waste water discharged from waste burying sites to prevent the pollution of underground and surface water sources;

2.2. Mobilize investment capital from various sources for the construction of waste burying sites and work out a proper mechanism to encourage the non-governmental organizations (private companies, joint ventures, cooperatives, etc.) to take part in the waste collection and treatment.

2.3. Direct the provincial/municipal Departments of Science, Technology and Environment in:

2.3.1. Organizing the inspection and survey of geo-hydrological, geo-building and environmental conditions of the planned areas, which shall serve as basis for designing and constructing waste burying sites and waste treating projects. Monitoring and urging the construction investors to make reports on assessment of environmental impacts of waste burying sites, then submit them to the competent agency for approval;

2.3.2. Helping the People's Committees of the provinces and cities directly under the Central Government make annual or irregular reports on waste management in their respective localities, and submitting them to the Ministry of Science, Technology and Environment for summing up and reporting to the Prime Minister.

2.4. Direct the provincial/municipal Departments of Construction in organizing the designing and construction of waste burying sites up to Vietnam's current environmental standards.

2.5. Direct the provincial/municipal Departments of Communication and Public Works in organizing the collection, transport and treatment of waste in their respective localities; coordinate with the provincial/municipal Departments of Finance in elaborating and submitting to the People's Committees of the provinces and cities directly under the Central Government for issuance the regulation on waste collection and treatment fees in their respective localities (pending the issuance of the Regulation on waste management fees by the State for uniform application throughout the country).

3. The Ministry of Science, Technology and Environment shall:

3.1. Promptly issue "the Regulation on waste management", "the Regulation on hazardous waste management" and "the waste collection, transport and destruction fees".

3.2. Study and propose waste treatment technologies and environmental standards to serve as basis for the designing, construction and operation of waste burying sites up to the environmental hygiene standards. It shall also guide the investors in making reports on assessment of the environmental impacts of the waste burying sites and submitting them to the competent agency for approval.

3.3. Coordinate with the provinces and cities directly under the Central Government in disseminating the question of waste management and raising the people's awareness thereof; organize the training and fostering courses inside and outside the country on the waste management for officials of the concerned units.

3.4. Guide the provinces and cities directly under the Central Government in drawing up annual and long-term plans for waste management; make annual review of the waste management situation throughout the country and report it to the Prime Minister.

4. The Ministry of Construction shall:

4.1. Guide the provinces and cities directly under the Central Government in drawing up urban development master plans which must be associated with the plans for construction of waste burying sites and waste treating projects up to environmental hygiene standards.

4.2. Direct the provincial/municipal Departments of Construction in drawing up planning and plans for construction of waste burying sites up to hygiene standards and submitting them to the People's Committees of the provinces and cities directly under the Central Government for approval.

4.3. Coordinate with the provinces and cities directly under the Central Government in directing and supervising the urban management with special attention paid to the waste collection, transport, treatment and burial in urban areas and industrial parks in a way that ensure the environmental standards.

4.4. Issue the procedures, norms and guidances for the collection and transport of waste at construction sites, especially in big cities.

4.5. Issue documents guiding the technical designs of waste burying sites up to hygiene standards and various types of waste treating and recycling plants which satisfy environmental technological and technical requirements.

III. IMPLEMENTATION PROVISIONS:

This Circular takes effect 15 days after its signing. Any problem arising in the course of implementation shall be reported by the branches and localities to the Ministry of Science, Technology and Environment and the Ministry of Construction for consideration and proper amendments.

The Minister of Construction

NGUYEN MANH KIEM

The Minister of Science, Technology and Environment

CHU TUAN NHA