THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 12/2006/TT-BTNMT
Hanoi, December 26, 2006
 
CIRCULAR
GUIDING THE PRACTICE CONDITIONS, PROCEDURES FOR COMPILATION OF DOSSIERS, REGISTRATION AND LICENSING OF PRACTICE AND HAZARDOUS WASTE MANAGEMENT IDENTIFICATION NUMBERS
Pursuant to the November 29, 2005 Law on Environmental Protection;
Pursuant to the Government's Decree No. 91/2002/ND-CP of November 11, 2002, defining the functions, tasks, powers and organizational structure of the Natural Resources and Environment Ministry;
Pursuant to the Government's Decree No. 80/2006/ND-CP of August 9, 2006, detailing and guiding the implementation of a number of articles of the Law on Environmental Protection;
The Ministry of Natural Resources and Environment guides the practice conditions, procedures for compilation of dossiers, registration and licensing of practice and hazardous waste management identification numbers, as follows:
I. GENERAL PROVISIONS
1. Scope and subjects of application:
This Circular guides the conditions for practicing the transportation, treatment and disposal of hazardous wastes; the procedures for compiling dossiers, registering generators of hazardous wastes, granting hazardous waste management licenses and hazardous waste management identification numbers; responsibilities of state agencies, domestic and foreign organizations and individuals (hereinafter collectively referred to as organizations and individuals) conducting production, business or service activities that generate hazardous wastes or taking part in the management of hazardous wastes in the Vietnamese territory.
1.2. This Circular applies to hazardous wastes in the solid, liquid or sludge form.
1.3. This Circular does not apply to radioactive wastes; exhaustion vapors and gases; wastewater treated at treating systems or facilities of production, business or service establishments or concentrated production, business or service quarters; household or personal garbage.
2. Interpretation of terms
In this Circular, the terms and expressions below are construed as follows:
2.1. Hazardous waste management means activities related to the prevention, minimization, sorting, collection, transportation, storage, treatment (including recycling and recovery) and disposal of hazardous wastes.
2.2. Hazardous waste generator or generator means an organization or an individual that owns or administers a production, business or service establishment where hazardous wastes are generated.
2.3. Hazardous waste transporter or transporter means an organization or an individual that owns or administers an establishment with a practice license and a hazardous waste management identification number for conducting hazardous waste collection, transportation and temporary storage.
2.4. Hazardous waste treatment and disposal facility owner or treatment and disposal facility owner means an organization or individual that owns or administers an establishment with a practice license and a hazardous waste management identification number for conducting hazardous waste temporary storage, treatment (including recycling and recovery) and disposal.
2.5. Hazardous waste management-licensing agency (hereinafter referred to as the licensing agency) means agencies competent to grant, extend, adjust and withdraw hazardous waste transportation licenses, hazardous waste treatment and disposal licenses according to the provisions in Section 3, Part I below.
2.6. Hazardous waste generator register or generator register means a dossier granted to a hazardous waste generator, containing information on the type and volume of hazardous waste registered for generation and defining the environmental protection liability of that waste generator for the registered hazardous wastes.
2.7. Hazardous waste management license means the common title of hazardous waste management practice licenses granted by the licensing agency to transporters (called hazardous waste transportation licenses) or treatment and disposal facility owners (called hazardous waste treatment and disposal licenses), indicating operation areas, special-use means and facilities permitted for operation, types of hazardous waste permitted to be managed as well as environmental protection responsibilities of hazardous waste transporters or hazardous waste treatment and disposal facility owners.
2.8. Hazardous waste list means a list of hazardous wastes promulgated by the Natural Resources and Environment Ministry. Hazardous waste code means the code of each type of hazardous waste on the hazardous waste list.
2.9. Hazardous waste management identification number means an identification number granted together with a generator register or an hazardous waste management license to serve the management of dossiers and database on hazardous waste generators, transporters, treatment and disposal facility owners.
2.10. Hazardous waste manifest means a list issued according to a form for nationwide application and supplied to a hazardous waste generator. A hazardous waste manifest serves as a written evidence of the transfer of liability for hazardous waste between a hazardous waste generator and a hazardous waste transporter or treatment and disposal facility owner.
2.11. Operation area means a geographical area determined by administrative units that are provinces or centrally run cities (hereinafter referred to as provinces) within which hazardous waste transporters or hazardous waste treatment and disposal facility owners are licensed to provide hazardous waste transportation, treatment and disposal services to generators.
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