Thông tư 08/2017/TT-BXD

CIRCULAR

CONSTRUCTION SOLID WASTE MANAGEMENT

Pursuant to the Decree No. 38/2015/ND-CP dated April 24, 2015 of the Government on scrap and waste management;

Pursuant to the Decree No. 62/2013/NĐ-CP dated June 25, 2013 of the Government on functions, tasks, powers and organizational structure of the Ministry of Construction;

At the request of the director of Technical Infrastructure Agency;

The Minister of Construction promulgates the Circular on solid waste management.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Circular provides for classification, collection, reuse, recycling and treatment of construction solid waste specified in the Decree No. 38/2015/NĐ-CP dated April 24, 2015 of the Government on scrap and waste management (hereinafter referred to as Decree No. 38/2015/ND-CP).

2. This Circular is applied to domestic authorities, organizations, households and individuals and foreign organizations and individuals (hereinafter referred to as organization and individual) who carry out operations related to construction solid waste management (hereinafter referred to as construction waste) in the Vietnamese territories.

Article 2. Definition of terms

For the purposes of this Decree, the terms used herein shall be construed as follows:

1. “construction waste” means solid waste produced in the process of survey and construction of works (including new, repaired, renovated, relocated and demolished works)

2. “construction waste management” means control during all processes including classification, collection, transport, temporary storage, recycling, treatment or reuse of solid waste with the intention of prevention and reduction of harm done to the environment and human health.

3. “waste producer” means the investor or main contractor (authorized by the investor under a contract) of a construction work which produces construction waste.

4. “waste collection service provider” means an organization or individual that collects and transports construction waste; “waste treatment service provider” means an organization or individual that treats construction waste.

5. “waste treatment service provider” means the facility that provides construction waste treatment services (the services may include recycling, reuse or burial).

Article 3. Regulations on construction waste management

1. Construction waste management shall comply with related general regulations on waste management specified in Article 4 of the Decree No. 38/2015/ND-CP

2. There shall be solutions of design and technology and selection of proper materials, with the intention of minimizing the amount of waste.

3. Locations and scale of gathering points, transfer stations and construction waste treatment facilities shall comply with the construction waste management planning.

4. Construction waste treatment facility projects shall have incentives in accordance with regulations on incentives to environmental protection, construction material production and applicable regulations.

5. The community is encouraged to participate in supervision of implementation of regulations on construction waste management in the local areas.

Article 4. Construction waste management database

1. The construction waste management database contains the following information:

a) Composition and volume of construction waste that is produced;

b) Volume of construction waste collected, transported and treated at treatment facilities;

c) Composition and volume of construction waste that is recycled or reused;

d) Lists of facilities collecting, transporting and treating construction waste.

2. Databases shall be updated and published on the website of the departments of construction of provinces and the Ministry of Construction.

3. The Ministry of Construction shall ensure nationwide consistency of management of construction waste database.

Chapter II

CLASSIFICATION, STORAGE AND TRANSPORT OF CONSTRUCTION WASTE

Article 5. Classification of construction waste

1. Construction waste shall be classified where it is produced as specified in Clause 1 Article 50 of the Decree No. 38/2015/ND-CP into the following categories:

a) Recyclable solid waste;

b) Solid waste which can be reused on the site or in other construction works;

c) Non-recyclable and non-reusable waste that must be buried

d) Hazardous waste that must be separately classified and managed as specified in the Decree No. 38/2015/ND-CP and its guiding documents on hazardous waste management.

2. Classified construction waste shall be separated from other wastes in accordance with regulations.

3. If hazardous waste is mixed with common construction waste, they must be separated from each other. If they cannot be separated, the entire mixture shall be handled as hazardous waste.

Article 6. Construction waste storage

1. Construction waste producers shall prepare containers or an area for construction waste storage on the site or at a location specified by the local authorities.

2. Construction waste shall be stored in the places where it can be protected from flood and rain, to ensure environmental sanitation of their surroundings.

3. Construction waste containers and construction waste storage area shall ensure urban beauty but not obstruct local traffic; the types of construction waste shall be specified on their labels.

4. Period of storage of construction waste shall be suitable for characteristics of the type of waste, and the size of the storage area or the capacity of the containers.

5. Construction waste classified as recyclable or reusable shall be stored in separate containers or separate areas.

Article 7. Collection and transport of construction waste

1. Construction waste shall be collected and transported to the gathering points, transfer stations and treatment facilities which have been built according to construction planning approved by competent authorities or to other works where it can be recycled or reused.

2. Transport of construction waste shall follow the predetermined schedule and route, ensure traffic safety and comply with regulations of the local traffic authority.

3. The vehicles used for transport of construction waste must satisfy technical and safety standards, have been inspected and licensed by regulatory authorities in accordance with regulations.

4. The vehicles used for transport of construction waste shall ensure that waste, dust and gas are prevented from being released into the surroundings.

5. If construction waste producers transport construction waste themselves, they must comply with regulations of this Article.

Article 8. Construction waste transfer stations

1. Construction waste transfer stations shall be constructed at locations where traffic is convenient and ensure that the transport of construction waste does not affect the quality of urban environment and beauty.

2. Transfer stations of construction waste shall only receive and store construction waste without hazardous materials, the other types of construction waste that contain hazardous materials shall be transferred directly to hazardous waste treatment facilities in accordance with regulations and law

3. Construction waste transfer stations must be able to receive and store a volume of construction waste consistent with their ability of collection and transport in the local areas but not over 80% of their capacity.

Chapter III

REUSE, RECYCLING AND TREATMENT OF CONSTRUCTION WASTE

Article 9. Reuse and recycling of construction waste

1. Construction waste that is reused shall satisfy technical standards in accordance with regulations and law.

2. It is recommended to reuse or recycle construction waste of the construction works specified in Clause 1 Article 11 of this Circular on the site according to the construction waste management plan.

3. Construction waste that is reusable or recyclable shall be collected and transported to construction waste treatment facilities for reuse and recycling

4. Construction waste shall be recycled and reused for the following purposes:

a) Construction waste which is concrete or debris of bricks is mostly recycled and used to produce aggregates , bricks, wall tiles, floor tiles, other construction materials or used for land grading

b) Construction waste that is wood or paper is mostly recycled and used as raw materials for making paper, woods and flammable fuel;

c) Construction waste which is composite material made from asphalt can be recycled to make asphalt concrete (aggregate);

d) Scraps which are iron, steel and other metals can directly be reused or used as materials for metallurgy industry;

dd) Other types of construction waste shall be recycled and reused for suitable purposes according to nature and characteristics of their composition.

Article 10. Treatment of construction waste

1. Construction waste treatment facilities shall be built according to the construction planning approved by competent authorities.

2. Construction waste should be treated where it is produced with suitable methods that meet requirements for safety and environment

3. Construction waste treatment methods

a) Grinding, sieving;

b) Production of construction materials;

c) Burial;

d) Other methods.

4. Construction waste treatment technology must be suitable for capacity of treatment facilities and socio-economic conditions of the local areas and meet requirements for environmental protection and socio-economic efficiency.

5. Investors in construction of construction waste treatment facilities shall be selected in accordance with regulations of laws on investment, construction and other regulations of relevant applicable laws.

Chapter IV.

RESPONSIBILITIES OF RELATED PARTIES

Article 11. Responsibilities of construction waste producers

1. The waste producer of a construction works other than housing works shall:

a) Formulate a construction waste management plan according to the form in the Appendix 1 hereto attached and submit it to the investor for approval ( if the waste producer is the main contractor) before starting construction; provide subcontractors (if any) with guidelines for management of construction waste according to the plan.

b) Classify, store, collect, transport, reuse, recycle and treat construction waste produced on the site according to the construction waste management plan;

c) Assign full-time or part-time officers in charge of labor safety and hygiene in accordance with regulations of law on construction, who will provide guidelines for and inspect management of construction waste in construction works. Keep a log of the volume and composition of construction waste collected and transported to treatment facilities

d) Sign contracts with waste collection service providers and waste treatment service providers to transport and treat construction waste or treat construction waste themselves where the waste is produced in accordance with regulations of law on waste management

dd) Report results of management of construction waste to the investor (if the investor is the main contractor);

e) Fulfill other obligations in accordance with regulations of law.

2. The waste producer of a housing construction work is the investor and shall comply with Clause 2 Article 14 of this Circular.

Article 12. Responsibilities of waste collection service providers

Every waste collection service provider shall:

1. Prepare adequate equipment for collection and transport as specified in the Clause 3 Article 7 of this Circular and relevant regulations.

2. Collect and transport construction waste to transfer stations and treatment facilities that meet technical requirements and follow management procedures in compliance with regulations and law or to other construction works for reuse. Take responsibility for problems occurring during the collection and transport of construction waste.

3. Impose prices for construction waste collection and transport services as a basis for signing contracts of construction waste collection and transport.

4. Keep a log of collection and transport of construction waste which specifies the following information:

a) General information about construction waste producers;

b) Daily and monthly number of trips of construction waste transport in of each construction waste producer.

b) Volume and types of collected and transported construction waste;

d) Location where construction waste is received and treated (transfer stations, treatment, recycling and reuse facilities of construction waste);

dd) Price of collection and transport service;

e) Other information (if necessary).

5. Provide information about their capacity for the Department of Construction of the province according to Appendix 3A and 3B hereto attached.

6. Make:

a) Annual reports on collection and transport of construction waste (from January 1 to the end of December 31) according to the forms in Appendix 5 hereto attached , which have to be sent to the Department of Construction of the province before January 15 of the next year;

b) Unscheduled reports on collection and transport of construction waste at the request of competent authorities.

7. Fulfill other obligations in accordance with regulations of law.

Article 13. Responsibilities of waste treatment service provider

Every waste treatment service provider shall:

1. Invest in construction and installation of adequate equipment and assign qualified staff to receive construction waste, ensure protection of environment in accordance with regulations and law.

2. Receive and treat construction waste from waste collection service providers according to the contracts signed with construction waste producers and keep a daily log of volume and composition of construction waste received as confirmed by both parties.

3. Keep a log of treatment of construction waste which specifies the following information:

a) General information about waste collection service providers;

b) Volume/capacity/number of trips of construction waste transport which is received by each waste collection service provider; types of received construction waste;

c) Construction waste treatment technologies and methods;

d) Logs of operation of construction works and equipment in the treatment technological line (if any);

dd) Other information (if necessary).

4. Formulate a plan for pricing treatment service of construction waste as the basis for signing treatment service contracts:

a) Pricing plans of state invested construction waste treatment facilities shall be submitted to the Department of Finance for verification.

b) In case of treatment facilities funded by sources other than state budget, their investors shall approve the pricing plans and send them to the Department of Finance and Department of Construction of the province.

5. Follow procedures for management and operation of construction waste treatment facilities; implement occupational safety measures and ensure workers’ health.

6. Provide information about their ability for the Department of Constructions of the province according to the form in Appendix 4 enclosed herewith.

7. e) Comply with regulations of law on environmental protection. In case of an environmental accident, implement emergency measures to ensure safety of people and property; organize a rescue and promptly report to the investors and local authorities or the local environment authority where the environmental accident occurs.

8. Make:

a) Annual reports on treatment of construction waste (from January 1 to the end of December 31) according to the forms in Appendix 6 hereto attached and send those reports to local Department of Construction before January 15 of the next year;

b) Unscheduled reports on treatment of construction waste at the request of competent regulatory authorities.

9. Fulfill other obligations in accordance with regulations of law.

Article 14. Responsibilities of investors in construction works

1. Investors in construction works (apart from construction works specified in Clause 2 of this Article) shall:

a) Approve and send the construction waste management plan according to the forms in Appendix 1 hereto attached to the Department of Construction (or an authority authorized to grant the construction permit) and people’s committee of communes at least 7 days before starting construction. Report results of management of construction waste after completion of construction;

b) Organize inspection and supervision of plans for management of construction waste with the intention of ensuring construction environment in accordance with regulations and law.

c) Provide sufficient funds for classification, storage, collection, transport and treatment of construction waste in accordance with regulations of law;

d) Fulfill other obligations in accordance with regulations and law.          

2. An investor in a housing construction work shall:

a) Prepare and send notifications of management of construction waste according to the forms in Appendix 2 hereto attached to the authority that granted the construction permit (if the construction permit is mandatory) and to the people’s committee of the commune at least 7 days before starting construction;

b) Take responsibility for management of construction waste on the site in accordance with regulations of this Circular and other relevant applicable regulations;

c) In case of households in rural areas and remote areas without construction waste collection systems, construction waste shall be managed under guidance of local authorities.

Article 15. Responsibilities of the People’s Committees

1. People’s committees of provinces shall:

a) Ensure consistency of management of construction waste and authorize departments and people's committees in local areas to manage construction waste in their provinces;

b) Issue documents under their authorities related to construction waste in their provinces in accordance with the Law on environmental protection, other legislative documents and this Circular; approve plans for price of construction waste treatment in accordance with regulations and law;

c) Provide instructions on inspection, supervision and take actions against violations against law in construction waste management in their provinces.

2. People’s committees authorized by people’s committees of provinces shall:

a) Supervise collection and transport of construction waste in their areas. Report violations against law on management of construction waste to competent authorities to handle (if any) in accordance with regulations of law or as authorized;

b) Cooperate with relevant agencies in inspection of conformity to regulations on environmental protection of construction works and construction waste treatment facilities in their areas;

c) Make and publish lists of construction works (including housing that must apply for construction permit) that will be demolished or built in their areas in order for relevant organizations and individuals to cooperate in collection, transport, reuse, recycling and treatment of construction waste. Send the lists to the Department of Construction before the 15^th of the next month every 3 months;

a) Make annual reports on construction waste treatment (from January 1 to the end of December 31) according to the forms in Appendix 7 hereto attached and submit those reports to local Department of Construction before January 15 of the next year or as requested;

Article 16. Responsibilities of Departments of Construction of provinces

The Department of Construction of each province shall:

1. Take charge and cooperate with local authorities to assist people’s committees of provinces in construction waste management in the province.

2. Develop and manage databases of construction waste management in their provinces as specified in Clause 1 Article 4 of this Circular. Compile a list of construction works that will be demolished or built (including housing for which the construction permit is mandatory) in the province, the waste collection and waste treatment service providers in the province and publish the list on the website of the Department of Construction.

3. Organize inspection, supervision and take actions against violations against law on construction waste management in the province

4. Cooperate with the Department of Finance of the same province in assessing the plans for pricing construction waste treatment services prepared by treatment facilities funded by state budget.

5. Report construction waste management in the province to the Ministry of Construction according to the form in the Appendix 8 hereto attached before January 31 of the next year or as requested.

Chapter V.

REGULATIONS ON THE IMPLEMENTATION

Article 17. Operation and use of information and data via websites or information portals of authorities supplying information and data

1. The Ministry of Construction shall provide guidelines for, inspect and supervise the implementation of this Circular.

2. Chairpersons of people’s committees, Heads of Departments of Construction of provinces, relevant organizations and individuals are responsible for implementation of this Circular.

Article 18. Effect

1. This circular shall come into force from July 1, 2017.

2. Any problem about implementation of this Circular should be promptly reported to the Ministry of Construction for consideration.