Decision No. 03/2004/QD-BTNMT promulgating the Environmental Protection Regulation applicable to discarded materials imported for use as production raw materials

Article 1.- To promulgate together with this Decision the Environmental Protection Regulation OFFICIAL GAt'.FTTC No, 08 (16.4-2004) applir:abl0 to discarded rnateria/s imported for uso prolnctlon applicnh!c to the import, tmnsportation, as production raw materials. sto1anc and ut;o of discarded materials as raw materials for production in Vietnam; and does not

Article 2.·· This Decision takes irnplementalion prescritle the cross--border transshipment and effect Ei days after its publication in the Official tram,it of discardwt rnaterials. Gazette, and replaces Decision No. 6:5/2001/O0- BKHCNMT of December 11, 2001 of the Minister Article 2.· Subjects of application of Sciences, Technology a.nd Environment. This Regulation shall apply to the agencies

Article 3.- The ministers, the heads of the performing the State management over m\nister\al-\evel agencies, the heads of the env\ronrnen\; organ·I2at'1ons and ·indlviduals that Government-attached agencies, the provincial/ import, transport, store and/or use discarded municipal People's Comrnrttee presidents and the materials as production raw materials. concerned organizations aswell as individuals ,shall

Article 3.· Term interpretation have to lmplement thls decision. In this Regulation, the below terms and phrases Min/stet ofl,Jatural Resources and shall be construed as follows: Environment 1. Discarded mater!als means pr9d,ucts and MAI Al TRUC materials which are excluded ·. from pro(fuotion or . . : ..... consumption but meet the requir:ements of production raw materials,. including: a) Second-rate raw materials mean tt\ose which fail to sa{isfy 1he requirements ori $p€lcit1cations and/or quality for the production of a certain type of product but can be processed for reproduction ENVIRONMENTAL PROTECTION REGULATION APPUCABLE TO DISCARDED MATERIALS . of such products or production of other types of product; IMPORTED FOR USE AS PRODUCTION RAW MATER\ALS b) Scrap raw ma\erials means rilw materials discarded from a production process (odds and (Promulgated together with Decision No, 03/2004/ ends, sheet margins, shavings, 1ar1g\ed fibres, QD-BTNMT of April 2, 2004 of t/Je Minister of frar,menls); Natural Resources and Environment) c) Fullest•use materials rnean materials identical in substance, whict1 are disassembled, separated Chapter I and recovered from used products, second-rate GENERAL PROVISIONS prod11cts or faulty products. 2. wastes means matters excluded from Atticle 1,- Houulation BC:Ope pmdt 1ction, consI unption or other activities, which Thii, flepulation prescribes Uw environniontal nn) not identical lo imported di:;carr!ed materinls No. 08 (1 G-4-2004) orFIC/AL GAZETTE in substnnce, and in forrns of block, clod, !Jar CH Asi;orted discarded rr1ntfiria!s permitted to be specific itmn. irnpmted for use as production raw materials shall include: 3, Hazardous impurities mean matters which are not identic,11 in substance to discarded materials, 1. Metal and alloy group: stick fast to discarded materials and bear a) Second••rate materials; hazardouH nature, such as toxic chemicals; b) Scrap materials in loose form or pressed into radioactive substances; inflammables, explosion" block or bar; prone substance, eroding matters; medical wastes; organic compounds originating from animals, c) Fullest-use materials, including: plants and/or foodstuff with pathogenic danger. " Steel rails, steel sleepers, steel sheets, steel plates, steel rods, steel shapes, steel pipes, cast

Article 4.- Principles for import and use of bars steel wlres and nets or various kinds; imported discarded materials - Plg iron, steel, copper, copper alloy, aluminium, The import of discarded materials and the use aluminium alloy, zlnc, zinc alloy, nlckel, nickel alloy, of discarded materials imported for use as which are recovered from cutting for demolition, production raw materials mustensure the following dismantlement of construction works, transport principle$: means, machinery, equipmenfand-other products; ' .·.· - • Copper or aluminium cores of electric wires, L Only importing discarded materials for use cables, which have already been stripped off their as production raw materials; insulated coats of plastic, rubber or other insulated 2. Not taking advantage of the import of substance; discarded materials to tmportwastes·in any forms; - Electromagnetic wires (copper wires coated 3. Organizations and fndividUals thaUmport and/ with insulated enamel paints, cotton fibres or or use i(noorted discarded materials for production paper). must bear self-responsibility for the imported 2. Group of paper and cardboard materials: discarded materials upon the occurrence of a) Second-rate raw rnaterif!ls; environmental pollution; b} Scrap raw materials; 4. Where the intern·ational treaties which c) Fullest-use materials, including paper, Vietnam has signed or acceded to contains cardboard recovered from used products; paper provisions different from this Regulation, tho and ca rdb oa rd in forms of faulty products, provisions of such international treaties shall apply. discarded materials. Chapter II 3. Group uf glass rnaierials: SPECIFIC PROVISIONS a} Second-rate raw materials;

Article 5 ... Discarded mntorials imported for rn,e b) Scrap raw materials; as production rr-ciw mflterials c) Ful I(, !~t-ww matnrinl,1: 1-n;sortHd glass OFFICIAL GAZETTE No. 08 (16-4~2004) materials recovered from usrJd products. Article 8.-- Hosponsibi!i1h-:s of organizations and individuals that import d\f,carcie-d materials and/or 4. Group of plfWtic materials: use U\e imported (!iscarded materials a) Second-mtc raw materials; Organizations and individuals that import b} Scrap raw materials; discarded materials and/or u:,e imported discarded c) Fullest-use materials: assorted used materials shall have the responsibilities: containers of mineral water, purified water. 1. To abide by the law provisions on environmental protection and other relevant •law

Article 6.- Conditions on imported discarded provisions; materials Before being imported, the discarded materials 2. To import only discarded materials compatible must satisfy the following conditions: with the categories of production raw materials of their own establishments; 1. Not belng nilxed with.materials, products and/ or goods which are banned from import under 3. Withln at least five (5) workin9 day~ before Vietnamese laws and inh~rriational treaties which unloadlng and transporting imporfed-·discarded Vietnam has signt?d :or acceded to; materials from border-gates to sto~~h&u~es or gathering yards, to notify in writing the:;p\._o;incial/ 2. Not conrainktg hazat~OU$ impurities; municrpal Services of Natural Res<lurdes and ·. : ': _::_ . ...-· .. . Environment of the localities where ex.istpr~duction 3. Not mixed with wastes,.axcept for non- establishments or imported discarded rnaterial hazardous impurities sticking fast thereto or beJng storehouses; storir,g yards of the categories, separated therefrom in the course of loading, volume, weightot the imported discardect·rnaterials; unloading and tia:nsportat.1on, the bordergates where discardecl :m~ierials are .imported; dlscarded material transportation routes; . Article 7.- Conditions on discarded material- locations of discarded material storehouses or importing organizations, individuals storing yards; locations where discarded materials Only organizations and individuals that fully are put Into production; meet the following conditions are permitted to import, or to entrust the import of, discarded . 4. To organize the treatment of impurlties after materials for use as production raw materials: they are separated from imported discarded materials used as production raw materials; not to 1. Having storehouses and/or yards used give or sell such impurities. exclusively for storage of imported discarded materials, which satisfy the environmental Article 9.- Hesponslbilitk~s of provincial/ conditions Jn tho course of storing discardEJd municipal Services of Natural Resources and materials; Enviro nm0nt 2. Being lully cnpable of treating irnµurillm1 Th<:1 provincfal/rrnmicipnl Services of Natural acc:01npanyin1:J imported dlscarded materi;:J.ls. Hesources and F:nvironmont of the localities where No. 08 ( l 6··4-2004) OFF!CIAL GAZETTE exis1 th~: production establishments I JSi ng cl ii;carded Iia bi Ii ty, ma\eria\s; wnrehouses or yards for storage of imported discarded materials; and/or eritablist1rnents 2. Officials and public nervants who fail to fulfill their 1·esponsibilities while performing their official for environmental treatment related to imported duties, causlng adverse cor1sequonces or troubles, discarded mater\a!s, shaH have the msponsibi!ities: harassment for organizations and/or individuals, 1. To examine the observance of environmental that import discarded rnaturia/s and/or use imported protection regulations applicable to discarded discarded materials as production raw materials, materials imported for use as production raw shall, depending on tho seriousness of their materials under this Regulation and the law violations, be dlsciplined or examined for penal provisions on envimnmental protection; liability. 2. To detect, prevent and handle in time Chapter Ill violations of regulations on environmental protection according to tt,e current law provisions IMPLEMENTATION PROVISIONS on environmental protection;

Article 11.~ Organization. of implementation 3.Toreport once every six months in wrlttng to 1. The E~_vironmenta! Protection Department the·Ministry of Natural Resources and Environment has the responsibility to guide, monitor and {via the Environmental Protection Oepartment) on examine the implementation of regulation on the situation o1 irnplementa1ion ·of law provisions on environmental protection for discarded materials environmen\al pro\ectloh 'in acWvities ot·1mpor'i1ng and/ imported for use as production raw materia!s; or using discarded mate.rial$· imported tor use as biannually and annually reports to the Minister on production raw materials in localities under their the implementation situation. respectl\Je management, 2. The Ministry's rnsnoctorate has the respon- 4. To report to the Ministry of Natural; le.sources sibility to coordinate with the Environmental and Environment on problems and obstacles Protec1ion Department in detecting vio(ations, related to the import and use of dfscarded materials inspecting and handling tt1ern in time according to as production raw materials for timely solution. its competence or propose the handling of violations.

Article 10.~ Handling of violations 3. 1f difficulties or problems arise in the course of implementation of this Regulation, the ministries, 1. Organizations and individuals that import branches, localities, organizations and individuals discarded rnaterlals and/or use in1ported discarded shall report them in t\rne to Um Ministry of Natura\ materials as production raw materials and violate Resources and Environment for consideration and regulations on envirnnmenta/ prole;;,ction shall, settlement. depending on the seriousnc.1ss of their violations, be handled according to current renulations on Minister of Natural Resources and sanctionin{) aflrnini(itratlve violations in the field of E"nvinmment environmon\111 prntndlon or ox:1.minod for- penal 1\/IAI Al HiUC