Decree No. 59/2007/ND-CP dated April 09, 2007 of the Government on solid waste management
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, April 09, 2007
ON SOLID WASTE MANAGEMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Law on Environmental Protection;
Pursuant to the November 26, 2003 Law on Construction;
At the proposal of the Minister of Construction.
Article 1.- Scope of application
This Decree provides for solid waste management, rights and obligations of entities engaged in solid waste-related activities.
Article 2.- Subjects of applications
This Decree applies to domestic organizations, households and individuals and foreign oragnizations and individuals (hereinafter referred to as organizations and individuals for short) engaged in solid waste-related activities in the Vietnamese territory.
If a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions differrent from those of this Decree, that treaty will prevail.
Articles 3.- Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Solid waste management means activities of planning, managing, investing in building solid waste management facilities, separating, collecting, storing, transporting, reusing, recycling and disposing of solid waste in order to prevent and minimize adverse impacts on the environment and human health.
2. Solid waste means waste in a solid form, discharged from production, business, service, daily life or other activities. Solid waste includes ordinary solid waste and hazardous solid waste.
Solid waste generated in daily-life activities of individuals, households or at public places is collectively referred to as daily-life solid waste. Solid waste generated in industrial production, craft villages, business and service activities or order acivities is collectively referred to as industrial solid waste.
3. Hazardous solid waste means solid waste containing substances or compounds that exhibit any of the characteristics of radioactivity, ignitability, explosiveness, corrosiveness, infectiousness, toxicity or other hazardous characteristics.
4. Scrap means products and materials discarded from production or consumption and recovered for reprocessing or reuse as input materials for the production of the products
5. Collection of solid waste means activities of gathering, separation, packing and temporarily storing solid waste from different collection depots to a place or facility recorgnized by a competent state agency.
6. Storage of solid waste means the keeping of solid waste for a given period of time at a place recognized by a competent agency before solid waste is transported to a processing facility.
7. Transportation of solid waste means the process of carrying solid waste from a place of generation, collection, storage or transfer to a place of processing, recycle or reuse or to a final landfill.
8. Place or facility recorgnized by a competent agency means a place of storage, disposal or burial of solid waste approved by a competent state management agency.
9. Processing of solid waste means the process of applying technological and technical solutions to reduce, remove or destroy harmful or useless constituents of solid waste; and to recover, recycle or reuse constituents of solid waste.
10. Sanitary landfill of solid waste means burying solid waste in accordance with requirements of technical standards on sanitary landfills for solid waste.
11. Waste generator means an organization, individual or household angaged in activities that generate solid waste.
12. Solid waste colector or transporter means an organization or individual licensed to conduct the collection or transportation of solid waste.
13. Solid waste disposal facility owner means an organization or individual licensed to dispose of solid waste. A solid waste disposal facility owner may be the investor of a solid waste disposal facility or a professionally qualified organization or individual and hired by the investor to operate the solid waste disposal facility.
14. Solid waste management facility means material foundation, technical chain and equipment used in the collection, separation, transportation, processing and disposal of solid waste.
15. Solid waste disposal facility means material foundation including land, workshops, technological chain, equipment and auxiliary structures used in activities of disposing of solid waste.
16. Solid waste management facility investor means an organization or individual licensed to invest in activities of collecting, separating, transporting, processing or disposing of solid waste.
17. Solid waste disposal complex means a combination of one or more works for disposal, recycle or reuse of solid waste and one or more solid waste landfills.
18. Expenses for solid waste disposal means expenses for ground clearance, construction investment, procurement of vehicles and eqiupment, labor traning, management and operation of a solid waste disposal facility, which are calculated according to the duration of capital retrieval and perdisposal solid waste quantity unit.
19. Expenses for collection and transportation of solid waste means expenses for vehicles and equipment, labour traning, management and operation of the facility for the collection and transportation of solid waste, which are calculated according to the duration of capital retrieval and per collected or transported solid waste quantity unit.
Article 4.- Principles for solid waste management
1. Organizations and individuals that discharge solid waste or are engaged in activities that generate solid waste shall pay charges for the collection, transportation and disposal of solid waste.
2. Waste shall be separated at source of generation, recycled, reused, processed and have its usefull constituents recovered for use as input materials and energy generation.
3. To prioritize the application of technologies of processing hard-to-decompose solid waste which may help reduce the colume of waste to be buried, so as to save land used for this purpose.
4. The State encourages the socialization of the collection, separation, transportation and disposal of solid waste.
Article 5.- Contents of state management of solid waste
1. Promulgating policies and legal documents on solid waste management, disseminating, popularizing and educating about the law on solid waste management and guiding the implementation of these documents.
2. Promulgating technical specifications and standards applicable to solid waste management.
3. Managing the elaboration, approval and announcement of plans on solid waste management.
4. Managing the investment in solid waste collection and transportation and building of solid waste disposal facilities.
5. Inspecting, overseeing and handling law violations in the course of solid waste management.
Article 6.- Prohibited acts
1. Placing solid waste not at prescribed places.
2. Emitting dust, dropping solid waste in the course of collection and transportation.
3. Mixing non-hazardous solid waste and hazardous solid waste
4. Illegally importing or transiting solid waste in the Vietnamese territory.
5. Obsrtucting the collection, transportation and disposal of solid waste under projects approved by competent agencies.
6. Othes prohibited acts under law.
PLANNING ON SOLID WASTE MANAGEMENT, INVESTMENT IN SOLID WASTE MANAGEMENT
Section 1. PLANNING ON SOLID WASTE MANAGEMENT
Article 7.- Contents of planning on solid waste management
1. Planning on solid waste management covers investigation, survey, forecasting of generation sources and total volume of solid waste to be generated, determining locations and sizes of solid waste collection depots, transfer stations, transportation routes and disposal facilities; determination of solid waste collection and disposal methods, elaboration of plans and development or human resources for thorough disposal of solid waste.
2. Contents of planning on solid waste management:
a. Investigating, surveying, forecasting generation sources, composition, charateristics and total vollume of ordinary and hazardous solid waste;
b. Assesing the capacity to separate solid waste at source and the capacity to recycle and reuse solid waste;
c. Determining locations and sizes of solid waste collection depots and transfer stations, disposal facilities and landfills;
d. Determining criteria for selection of solid waste disposal technologies;
f. Elaborating plans on and developing human resources for making adequate statistics and thoroughly disposing of all types of solid waste.
Article 8.- Requirements for planning on building of solid waste transfer stations, disposal facilities and appurtenances
1. The planning on building of solid waste transfer stations and disposal facilities must be in line with the regional construction planning ang the solid waste management planning approved by competent authorities.
2. Solid waste transfer stations shall be located in easily accessible areas, and must neither obstruct public traffic nor adversely affect the environment and urban landscape.
3. The planning on building of solid waste disposal facilities and appurtenances must comply with legal provisions on construction planning and concurrently satisfy the following requirements:
a. Regarding positions and geological, topgraphical and hydrological conditions:
- Being loacated at a appropriate distance from waste generation sources;
- Being safely segragated from nearest residential areas, urban centers, entertainment and recreation areas, tourist sites, historical and cultural relics , airports, water sources, rivers, lakes and seashores;
- Having appropriate geological and hydrological conditions; lying outside deeply submerged areas, flood-diverging areas of river basins, headwater areas, karst regions and tectonic crackings.
b. The sizes of solid waste disposal facilities and appurtenances are detemined on the basis of:
- Population size, present waste amount and operation duration, taking into consideration the population growth and corresponding increase in solid waste amount;
- Projected economic growth rate and urban development orientation throughout the course of operation of solid waste disposal facilities and appurtenances;
- Expected solid waste disposal technologies.
c. Regarding plans on reuse of grounds after the closure of landfills:
Upon planning the building of solid waste disposal facilities, the possilibity of reusing grounds after the closure of landfills shall be taken into consideration.
Article 9.- Solid waste disposal facilities and appurtenances
1. Solid waste disposal facilities may be located in different ways, depending on technologies ecpected to be applied and actual conditions, including:
a. Concentrated facilies: One or more solid waste disposal facilities and qppurtenances shall be located in a planned area. Solid waste disposal facilities may be:
- Ordinary garbage incinerators;
- Garbage incinerators with energy recovery;
- Organic fertilizer plants;
- Plants producing input materials and products from waste;
- Sanitary landfills for ordinary solid waste;
- Landfills for hazardous solid waste;
- Solid waste disposal complexes
b. Scattered facilities: Solid waste disposal work items and appurtenances may be located at different places as appropriate;
c. For rural residential areas, deep-lying and remote areas: To apply forms of combined gardens, fish ponds and stables, home-made garbage cans and cellars, auto-decomposition cesspools, mud-coated compost sumps, etc., for household use for the puspose of disposing of solid waste discharged from daily life, cultivation and husbandry.
2. The Ministry of Construction shall guide the planning on building of solid waste disposal works, reuse of grounds of solid waste disposal facilities and appurtenances after those facilities and works terminate their operation.
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