| THE GOVERNMENT No. 38/2015/ND-CP | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness Hanoi, April 24, 2015 |
DECREE
On the management of wastes and scraps [1]
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 23, 2014 Law on Environmental Protection;
At the proposal of the Minister of Natural Resources and Environment,
The Government promulgates the Decree on management of wastes and scraps.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decree prescribes the management of wastes, including hazardous waste, household solid waste, ordinary industrial solid waste, liquid waste products, wastewater, industrial exhaust gas and other particular wastes; and environmental protection in the import of scraps.
2. This Decree does not prescribe the management of radioactive wastes, noise, vibration, light and radiation.
3. The collection and transportation of wastes from non-tariff zones, export processing zones and export processing enterprises into the inland are the same as for wastes outside non-tariff zones, export processing zones and export processing enterprises prescribed in this Decree; the provisions of Chapter VIII of this Decree do not apply to scraps from non-tariff zones, export processing zones and export processing enterprises.
Article 2. Subjects of application
This Decree applies to domestic agencies, organizations, households and individuals and foreign organizations and individuals (below referred to as organizations and individuals for short) engaged in activities related to wastes and imported scraps in the territory of the Socialist Republic of Vietnam, including the mainland, islands, seas and air space.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Solid waste means waste in solid or thick (also called sludge) form discharged from production, business, service, daily-life or other activities.
2. Ordinary waste means waste not on the list of hazardous wastes or waste on the list of hazardous wastes but with hazardous elements below the hazardous waste threshold.
3. Household solid waste (also called household garbage) means the solid waste generated from daily-life activities of humans.
4. Industrial solid waste means the solid waste generated from production, business and service activities.
5. Wastewater means the water already changed in its characteristics and nature and discharged from production, business, service, daily-life or other activities.
6. Liquid waste products mean products, solutions or materials in liquid form, which have expired or are discharged from the process of use, production, business, service, daily-life or other activities. If the liquid waste products are discharged together with wastewater, they shall be referred commonly to as wastewater.
7. Receiving waters means places where wastewater is discharged into, including water drainage systems, rivers, streams, ditches, canals, lakes, ponds, lagoons, coastal water areas, sea and other receiving waters.
8. Industrial exhaust gas means waste existing in the form of gas or steam generated from industrial production and service activities.
9. Waste identification means the process of identifying whether a matter is waste or not, and hazardous waste or ordinary waste and determining whether such waste belongs to a type or a group of certain wastes for the purpose of classification and practical management.
10. Waste classification means activities of separating wastes (already identified) in reality so as to divide them into different types or groups of wastes for application of different management processes.
11. Waste transportation means the process of carrying wastes from the place of generation to the place of disposal, possibly accompanied by waste collection, temporary storage, transshipment and preliminary processing at the place of temporary storage or transshipment.
12. Reuse of waste means the direct reuse of waste or reuse after preliminary processing without altering the nature of waste.
13. Waste preliminary processing means the application of merely mechanical-physical technical measures to change the physical characteristics such as size, moisture and temperature to facilitate the classification, storage, transportation, reuse, recycle, co-disposal or disposal to mix or separate components of wastes to suit different management processes.
14. Waste recycling means the process of applying technological and technical solutions to recover valuable components from wastes.
15. Recovery of energy from wastes means the process of recovering energy from the transformation of wastes.
[1] Công Báo Nos 543-544 (10/5/2015)
