Công văn 5943/BTNMT-TCMT

To: Departments of Natural Resources and Environment of provinces and central-affiliated cities

On September 14, 2018 the Ministry of Natural Resources and Environment has promulgated the Circular No. 08/2018/TT-BTNMT and the Circular No. 09/2018/TT-BTNMT promulgating national technical regulations on environment regarding imported waste for productions (hereinafter referred to as the Circular No. 08/2018/TT-BTNMT and the Circular No. 09/2018/TT-BTNMT). The Ministry of Natural Resources and Environment requests Departments of Natural Resources and Environment of provinces and central-affiliated cities (hereinafter referred to as “Provincial Departments of Natural Resources and Environment”) to implement the following contents:

1. Review and update the list of unexpired Certificates on the National Single Window Portal and the Online Public Services Portal of the Ministry of Natural Resources and Environment; if Provincial Departments of Natural Resources and Environment fail to update the required information, customs authorities shall lack the basis for granting customs clearance resulting in overloading of waste at ports and damage to importers.

2. From October 29, 2018, pursuant to the Circular No. 08/2018/TT-BTNMT and the Circular No. 09/2018/TT-BTNMT , Provincial Departments of Natural Resources and Environment shall take charge of state inspection of quality of imported waste for production. Thus, for the consistent implementation of two Circulars mentioned above, the Ministry of Natural Resources and Environment would like to provide specific guidelines for implementation of these Circulars in the Appendix 1 enclosed herewith.

3. The Ministry of Natural Resources and Environment also provides Provincial Departments of Natural Resources and Environment with information about organizations and individuals that are granted Certificates by this Ministry, including number and validity of the Certificate, type, HS code and quantity of waste to be imported, quantity of imported waste up to October 28, 2018, in the Appendix 2 enclosed herewith.

4. Provincial Departments of Natural Resources and Environment are requested to create emails on the electronic information systems of Provincial People’s Committees in order to serve the customs clearance for imported waste, receive and inform results of state inspection of quality of imported waste, including information about type, HS code and quantity of imported waste. Information about emails of Provincial Departments of Natural Resources and Environment must be notified in writing to the Vietnam Environment Administration, the Ministry of Natural Resources and Environment (via email: [email protected] or [email protected]) and the General Department of Customs affiliated to the Ministry of Finance by October 29, 2018.

Difficulties that arise during the implementation of guidelines herein should be reported to the Vietnam Environment Administration via the Waste Management Department (via email: [email protected] or [email protected]) for consideration./.

APPENDIX 1

GUIDELINES FOR IMPLEMENTATION OF THE CIRCULAR NO. 08/2018/TT-BTNMT AND THE CIRCULAR NO. 09/2018/TT-BTNMT
(Enclosed with the Official Dispatch No. 5943/BTNMT-TCMT dated October 26, 2018 by the Ministry of Natural Resources and Environment)

On September 14, 2018, the Ministry of Natural Resources and Environment has promulgated the Circular No. 08/2018/TT-BTNMT and the Circular No. 09/2018/TT-BTNMT promulgating national technical regulations on environment regarding 06 groups of imported waste for productions, including:  steel waste; plastic waste; glass waste; non-ferrous metal waste; and slag from iron or steel industry, in which regulations on state inspection of quality of imported waste for production are also promulgated. In order to ensure the consistent state inspection of quality of imported waste for production and the conformity with applicable laws, the Ministry of Natural Resources and Environment provides guidelines on some contents as follows:

1. Legal grounds for state inspection of quality of imported waste for production

- Pursuant to Article 76 of the Law on environment protection in 2014 and the Decision No. 73/2014/QD-TTg dated December 19, 2014 by the Prime Minister, the Ministry of Natural Resources and Environment has formulated national technical regulations on environment with respect to imported waste for production.

- Regulations on quality of imported waste and state inspection of quality of imported waste are formulated on the basis of legislative documents on management of quality of goods and products, including: The Law on quality of goods and products in 2007, the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008 and the Government’s Decree No. 132/2008/ND-CP guidance Law on the Quality of Products">74/2018/ND-CP dated May 15, 2018. Therefore, imported waste for production is group-2 products and bears the state management of quality when they are imported to Vietnam in accordance with the above-mentioned documents.

2. Authorities in charge of state inspection of quality of imported waste for production

Pursuant to Clause 3 Article 1 of the Decree No. 132/2008/ND-CP guidance Law on the Quality of Products">74/2018/ND-CP amending Clause 9 Article 7 of Decree No. 32/2008/ND-CP:  the state inspection of quality of imported goods shall be undertaken by agencies having assigned or decentralized regulatory authority over the quality of goods and products that are affiliated to industry or sector-specific ministries and professional agencies of People’s Committees of provinces and central-affiliated cities and regulations laid down in the Circular No. 08/2018/TT-BTNMT and the Circular No. 09/2018/TT-BTNMT , authorities in charge of performing state inspection of quality of imported waste are Departments of Natural Resources and Environment of provinces or central-affiliated cities where factories or manufacturing plants using imported waste for production are located.

If an organization or individual applies for state inspection of quality of an imported waste shipment of several manufacturing plants that are under its/ his/ her ownership and granted certificates in different provinces, the state inspection of quality of that imported waste shipment shall be undertaken by the Provincial Department of Natural Resources and Environment to which the application for state inspection is submitted. The Certificate of inspection of imported waste shall be sent to Department of Natural Resources and Environment of the province where the organization or individual importing waste is located for receiving application and returning state inspection results.

From October 29, 2018, the Circular No. 08/2018/TT-BTNMT and the Circular No. 09/2018/TT-BTNMT become effective. Thus, regulations on notification of imported waste shipment laid down in Article 10 of the Circular No. 41/2015/TT-BTNMT dated September 09, 2018 shall be null and void. However, with regard to imported waste shipments granted the approval for import by the Vietnam Environment Administration before October 29, 2018, importers are entitled to use such written approval of the Vietnam Environment Administration for following customs procedures at checkpoints.

3. State inspection of quality of imported waste

Procedures for state inspection of quality of a shipment of imported waste for production are as follows:

3.1. Step 1: Receive⁽¹⁾and check the adequacy and validity of documents included in the application for state inspection of quality of imported waste:

Based on the application submitted by the importer (using form No. 1), the Provincial Department of Natural Resources and Environment shall receive and check the adequacy and validity of the received application for state inspection of quality of imported waste using the form No. 2 enclosed herewith (corresponding to the form No. 2 provided in the Appendix enclosed with the Decree No. 132/2008/ND-CP guidance Law on the Quality of Products">74/2018/ND-CP). Diagram for submitting and receiving an application for state inspection of quality of imported waste:

- An application for state inspection of quality of imported waste must include:

a) The application form for state inspection of quality of imported waste made using form No. 1 provided in this Appendix (corresponding to the form No. 1 provided in the Appendix enclosed with the Decree No. 132/2008/ND-CP guidance Law on the Quality of Products">74/2018/ND-CP);

b) The sales contract, accompanied by the copy of the packing list;

c) The packing list, accompanied by the copy of the sales contract;

d) The original or certified copy of the Certificate of inspection of quality of the imported waste shipment. This Certificate of inspection of quality of the imported waste shipment may be supplemented after it is provided by the designated inspection body (on the basis of physical inspection and sampling (if necessary) as prescribed in the following Step 2);

dd) Invoice;

e) Bill of lading;

g) Declaration of imported waste;

h) Images or description of imported waste;

i) The certified copy of the Certificate of satisfaction of environment protection requirements for import of waste for production;

k) The certified copy of the Certificate of deposit for the imported waste shipment for which the application for state inspection is submitted.

- Applications and results of state inspection of quality of imported waste may be received and provided directly, by post or via email on the electronic information system of each Provincial People's Committee (…gov.vn). Information about emails for receiving applications and giving results of state inspection of quality of imported waste must be notified in writing to the Vietnam Environment Administration (affiliated to the Ministry of Natural Resources and Environment) and the General Department of Customs (affiliated to the Ministry of Finance) for provision of consistent information serving customs clearance and management of imported waste.

3.2. Step 2: Organize physical inspection and sampling (if necessary)

- After receiving the written notification of inspection location and sampling from the importer, the Provincial Department of Natural Resources and Environment shall play the leading role and cooperate with customs authority and the designated inspection body (the importer is responsible for informing the customs authority, the inspecting agency, and the inspection body designated by the Ministry of Natural Resources and Environment of inspection date and location) in organizing the inspection and sampling (if necessary) for assessing the quality of the imported waste shipment in accordance with applicable regulations.

- The location of inspection and sampling serving the assessment of quality of imported waste shall be determined in accordance with the Decision No. 15/2017/QD-TTg dated May 12, 2017 by the Prime Minister.

- The inspection and sampling of imported waste must comply with the inspection procedures laid down in Section 3.1.1 and Section 3.1.2 of National technical regulations on environment with respect to imported waste for production.

- Samples must be sealed and a sampling record must be made with certification of the customs declarant, the Provincial Department of Natural Resources and Environment, the customs authority and the inspection body (The sampling record and sample seal template are made using the form No. 4 enclosed herewith).

- Inspection results (original) given by the designated inspection body must be sent to the Provincial Department of Natural Resources and Environment to use the basis for assessing the conformity of the imported waste shipment.

3.3. Step 3: Certify organization or individual applying for state inspection of quality of imported waste on the application of the importer and notify results of state inspection of quality of imported waste:

3.3.1. Inspection contents: Diagram for inspection and giving inspection results:

The Provincial Department of Natural Resources and Environment shall perform the inspection contents as follows:  

a) Inspect the conformity of the contents of the certificate of inspection of quality of the imported waste shipment with requirements and technical regulations laid down in National technical regulations on environment with regard to the registered type of imported waste:

- Inspect the consistency of the information about the imported waste shipment with the information specified in the sampling record (if sampling is carried out) and the information specified in the certificate of inspection of imported waste.

- Inspect the contents of the certificate of inspection which must include assessments of technical requirements on quality of imported waste laid down in Section 2 of National technical regulations on environment with respect to imported waste (using the form No. 5 on contents of a certificate of inspection enclosed herewith as reference).

b) Check the accuracy and consistency of documents included in the application for state inspection of quality of imported waste, including:

Check documents accompanied with the Application form for state inspection of quality of imported waste, ensuring all required documents as mentioned in Section 3.1 are submitted. Check the following contents:

b1) With regard to the Certificate of satisfaction of environment protection requirements for import of waste for production (hereinafter referred to as " Certificate of satisfaction of environment protection requirements”):

- Check the format and the validity of the Certificate of satisfaction of environment protection requirements as regulated in the Circular No. 41/2015/TT-BTNMT dated September 09, 2015 by the Ministry of Natural Resources and Environment. Certificate of satisfaction of environment protection requirements shall be posted on the National Single Window Portal and the Online Public Services Portal of the Ministry of Natural Resources and Environment.

- Check information provided in the Certificate of satisfaction of environment protection requirements: Issuing authority, date of issue; name of direct importer/ entrusted importer; name and address of the factory/ manufacturing plant using imported waste; type of imported waste, HS code, licensed quantity of imported waste; validity of the Certificate of satisfaction of environment protection requirements.

- In case of entrusted importer, check the certified copy of the contract for entrusted import signed with the organizing or individual using waste for production that is granted the Certificate of satisfaction of environment protection requirements.

- With regard to a direct and entrusted importer, inspect and monitor total quantity of imported waste so as to ensure that the sum of the quantity of waste directly imported for production and the quantity of waste imported as entrusted does not exceed the licensed quantity specified in the Certificate of satisfaction of environment protection requirements.

b2) With regard to the Certificate of deposit for the imported waste shipment as regulated in Article 58 and Article 59 of the Government’s Decree No. 38/2015/ND-CP dated April 24, 2015:

- The Certificate of deposit must be issued by Vietnam Environment Protection Fund or the commercial bank where the importer deposits money for the imported waste shipment.

- Money must be deposited at least 15 days before following customs procedures for the imported waste shipment.

- Required deposits:

+ If the quantity of imported steel waste is less than 500 tonnes, the required deposit is 10% of total value of the imported waste shipment;

+ If the quantity of imported steel waste is from 500 tonnes to under 1,000 tonnes, the required deposit is 15% of total value of the imported waste shipment;

+ If the quantity of imported steel waste is 1,000 tonnes or more, the required deposit is 20% of total value of the imported waste shipment;

+ If the quantity of imported paper or plastic waste is less than 100 tonnes, the required deposit is 15% of total value of the imported waste shipment;

+ If the quantity of imported paper or plastic waste is from 100 tonnes to under 500 tonnes, the required deposit is 18% of total value of the imported waste shipment;

+ If the quantity of imported paper or plastic waste is 500 tonnes or more, the required deposit is 20% of total value of the imported waste shipment.

+ With regard to other types of imported waste, check the Certificate of deposit to ensure that the deposit is at least 10% of the imported waste shipment.

- Check and compare figures (quantities, HS codes) of imported waste of the importer with the certificate of inspection given by the designated inspection body and the declaration for import of waste.

b3) With regard to invoices and bill of lading: Check the conformity of the quantity, type of imported waste, and port of entry with the application form for state inspection and declaration for import of waste of the importer.

3.3.2. Notifying inspection results:

After having inspection results, the Provincial Department of Natural Resources and Environment shall certify the importer specified in the application for state inspection of quality of imported waste and take the following actions:

- If the application is sufficient and satisfactory, within a business day from the receipt of the application, the Provincial Department of Natural Resources and Environment shall prepare a notice that quality of the imported waste shipment is satisfactory using the form No. 3 enclosed herewith (corresponding to the form No. 3 provided in the Appendix enclosed with the Decree No. 132/2008/ND-CP guidance Law on the Quality of Products">74/2018/ND-CP) and send it to the importer for following customs procedures. In case the certificate of inspection of quality given by the designated inspection body is not conformable with the dossier of the imported waste shipment or indicates that the quality of imported waste does not meet requirements laid down in national technical regulations on environment, the Provincial Department of Natural Resources and Environment shall give a notice that the quality of imported waste is unsatisfactory using the form No. 3 enclosed herewith (corresponding to the form No. 3 provided in the Appendix enclosed with the Decree No. 132/2008/ND-CP guidance Law on the Quality of Products">74/2018/ND-CP). Such notice must indicate unsatisfactory contents and be sent to the customs authority, the importer and the Vietnam Environment Administration. At the same time, the Provincial Department of Natural Resources and Environment shall inform the Provincial People’s Committee if the inspection results indicate that the importer of the imported waste shipment commits violations against the Law on environment protection.

- If the application is insufficient, the Provincial Department of Natural Resources and Environment shall point out documents to be supplemented in the application receipt and request the importer to complete the application within 15 business days. If the importer fails to complete it within this time limit, a document indicating reasons thereof and deadline for completing the application must be sent to the Provincial Department of Natural Resources and Environment. The inspection shall be continued after the application is sufficient.

- If the importer fails to complete the application by the prescribed deadline, within 01 business day from the deadline for completing the application, the Provincial Department of Natural Resources and Environment shall give the notice of results of state inspection of quality of imported waste using the form No. 3 enclosed herewith (corresponding to the form No. 3 provided in the Appendix enclosed with the Decree No. 132/2008/ND-CP guidance Law on the Quality of Products">74/2018/ND-CP). Such notice must indicate that the documents concerning the shipment are insufficient and be sent to the customs authority, the importer and the Vietnam Environment Administration.

The notice of results of state inspection of quality of imported waste shall be sent to the Vietnam Environment Administration affiliated to the Ministry of Natural Resources and Environment (via email: [email protected] or [email protected]) and the General Department of Customs affiliated to the Ministry of Finance. The Provincial Department of Natural Resources and Environment shall also regularly update such notices on the  National Single Window Portal.

4. Receiving applications and giving results of state inspection of quality of imported waste with authorization

Each Provincial Department of Natural Resources and Environment takes charge of state inspection of quality of imported waste. Thus, Environmental Protection Agencies may receive applications and give results of state inspection of quality of imported waste as authorized or delegated in accordance with applicable laws.

These are guidelines on state inspection of quality of imported waste that the Ministry of Natural Resources and Environment provides for Provincial Departments of Natural Resources and Environment.

Any difficulties that arise during the implementation of this document should be submitted to:

The Waste Management Department affiliated to the Vietnam Environment Administration;

Telephone: 024 3795 6868 ext:3286

E-mail: [email protected] or [email protected]./.

List of document forms enclosed with the Appendix 1

Form No. 1:

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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APPLICATION FORM FOR STATE INSPECTION OF QUALITY OF IMPORTED WASTE

To: The Department of Natural Resources and Environment (of province where the factory using imported waste is located)

Importer: ………………………………………………………………………………….

Address: ……………………………………………………………………………………………

Telephone, fax, email: ……………………………………………………………………………

Certificate of satisfaction of environment protection requirements No.:…………………… issued on……………………… by (name of issuing authority) …………….

Certificate of deposit for the imported waste shipment: ………………………………………

Applies for state inspection of quality of imported waste as follows:

Location where imported waste are delivered to: ………………………………………………

Import dossier includes: ……………………………………………………………………………

- Contract No.: ………………………………………………………………………..

- Packing list: ……………………………………………………………

- Certificate of inspection of quality of imported waste: (name of issuing authority, time and location of issuance at the port of export, if any): …………………………………

- Invoice No.: ……………………………………………………………………………

- Bill of Lading: ...........................................................................................

- Import declaration No.:  ……………………………………………………………….

- Images or description of imported waste: ……………………………………………………..

We confirm and assume legal liability for the validity and legality of the provided information concerning the imported waste shipment, and also confirm that the quality of the imported waste shipment is conformable with national technical regulations on environment with respect to the following waste..................imported for production.

Form No. 2:

RECEIPT OF THE APPLICATION FOR THE STATE INSPECTION OF QUALITY OF IMPORTED PLASTIC WASTE  

CONCLUSION

□ The application is sufficient: The application is accepted for carrying out the next inspection steps.

□ The application is insufficient: The application is received but the following documents:…………… must be supplemented within 15 days. After all required documents are supplemented, the next inspection steps shall be carried out in accordance with applicable regulations./.

Form No. 3: