Table 3.5. Statistics of proposed amendments and supplements to legal documents
Legal documents
Proposed amendments and supplements | Reason for proposal | |
Law on Environmental Protection 2005 | ||
Clause 1, Article 70 | Proposal to abolish the procedure for registering hazardous waste source owners | In fact, this is just an administrative procedure, unnecessary, contrary to the policy of administrative procedure reform, troublesome for businesses and prone to negativity |
Clause 4, Article 73 | Remove the requirement to have confirmation from the provincial environmental protection authority in the transfer contract for treatment. CTNH. | In fact, the Contract for transferring hazardous waste treatment is a civil transaction protected by law, so if it requires confirmation from the provincial environmental agency, it is not an administrative procedure. necessary, causing inconvenience to businesses. |
Section 2 Article 74 | Adjust the content: " The Ministry of Construction shall preside over and coordinate with the Ministry of Natural Resources and Environment to prescribe technical standards, provide guidance, inspect and certify hazardous waste treatment facilities " to: " The Ministry of Natural Resources and Environment shall preside over and coordinate with the Ministry of Construction to prescribe technical standards, provide guidance, inspect and certify hazardous waste treatment facilities" CTNH ”; | In fact, the Ministry of Natural Resources and Environment is currently the agency that inspects and confirms that all conditions are met before granting the Hazardous Waste Management Practice License. Therefore, this regulation has almost never been implemented in practice, because the Ministry of Construction does not have the authority to grant Hazardous Waste Management Practice Licenses. |
Section 2 Article 75 | Adjust the content " The Ministry of Construction shall preside over and coordinate with the Ministry of Natural Resources and Environment to prescribe technical standards, instructions, inspection and confirmation of landfill areas" | In fact, the Ministry of Natural Resources and Environment is currently the agency that appraises the EIA and checks and confirms that all conditions are met before granting the Hazardous Waste Management Practice License, including the Hazardous Waste Landfill Area. Therefore, it is stipulated that This is almost never done. |
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CTNH " into " The Ministry of Natural Resources and Environment presides over and coordinates with the Ministry of Construction to prescribe technical standards, guide, inspect and confirm landfill areas CTNH ”. | In fact, the Ministry of Construction does not have the authority to grant the Certificate of Practice for Construction Management. | |
Circular 12/2011/TT-BTNMT | ||
Amend Point a, Point b and Point c, Clause 2, Article 11 | Suggest removing these Points | In fact, the strict regulation on the number of vehicles owned by the owner is inappropriate, heavily based on administrative orders, causing difficulties for the facility because it has to invest in purchasing an unnecessary number of vehicles; the number of vehicles should be decided by the facility depending on the amount of hazardous waste transported. in the year. |
Amendment to Point d, Clause 2, Article 11 | Suggest removing this point | Whether the vehicle is owned or not does not affect the environment and make it difficult for the facility to buy the vehicle. In fact, if the facility uses a vehicle registered in the Certificate of Ownership, The license is to ensure environmental safety. |
Amendment to Clause 1, Article 14 | Remove the regulation " For a hazardous waste treatment facility, no more than five hazardous waste transportation agents can be established " | Such regulations will go against the policy of socialization, against the goal of promoting waste collection and treatment; create negativity from the treatment owners collecting money from transportation agents and reduce the amount of hazardous waste collected and treated. |
Appendix 3B: CTNH certificate form | Need to change the number of CTNH documents from 09 copies to 05 copies | In fact, the 4 copies 2 S , 2 T , 3 S and 3 T are not necessary, because Copy 5 has enough information to send to the Department of Natural Resources and Environment, and the General Department of Environment has received the report. Synthesized from the Department of Natural Resources and Environment at the end of the year. |
Appendix 8C: List of hazardous wastes
Need to shorten CTNH codes according to characteristics and treatment methods | Because we have too many codes, we have to classify them too much and complicatedly, while many codes have similar characteristics and similar processing methods, so they should be classified separately when reprocessing. mixed waste | |
Article 21 | Propose to replace “confirmation of renewal” with specific conditions for renewal of License. | In fact, if extension confirmation is applied, it is easy to cause negative consequences and depends on the subjective opinion of the confirming agency; it is necessary to stipulate the conditions for extension to ensure publicity and transparency of the procedure. continue to extend, limit negative. |
Section 8, Article 3 | Additional waste sources include: administrative agencies, public service agencies, offices of socio-political organizations, households, individual,... | In fact, these are also the owners of hazardous waste sources that need to be managed according to the 2005 Law on Environmental Protection, but are not included in Circular 12/2011/TT-BTNMT. |
Clause 1, Article 4 | Abolish the procedure for granting registration book for hazardous waste source owners | In fact, this is just an administrative procedure, unnecessary, contrary to the policy of administrative procedure reform, troublesome for businesses and easy to generate negative. |
Section 6.7, Appendix 7 | Remove “No mandatory periodic monitoring of dioxin/furan parameters as prescribed in current technical regulations” onion" | To ensure fairness in the requirements for controlling non-hazardous industrial solid waste incinerators and hazardous waste incinerators; to ensure stricter emission control for hazardous waste incinerators than for waste incinerators non hazardous industry |
3.8. Solutions to improve the efficiency of industrial waste management
Based on the difficulties and shortcomings in the management of hazardous waste, especially the overlapping shortcomings between State management agencies, to further improve the legal framework in the management of hazardous waste, within the framework of the thesis, the student would like to propose some basic solutions as follows:
3.8.1. Improving and developing institutions and policies related to industrial solid waste management
3.8.1.1. Policy improvement and development
- Hazardous waste must be comprehensively managed for all arising objects according to the provisions of the Law on Environmental Protection: Applicable objects according to Circular 12/2011/TT-BTNMT apply to state agencies; domestic organizations and individuals or foreign organizations and individuals with production, business and service activities related to the generation of hazardous waste and management of hazardous waste in the territory of Vietnam, meaning that if there is no production, business or service, the Regulation on Management of Hazardous Waste does not apply, so it is necessary to supplement regulations on applicable objects for all organizations and individuals that generate hazardous waste (households, families, individuals, administrative agencies, public services, headquarters of political and social organizations, etc.);
- Issuing a certificate of registration for the owner of a hazardous waste source is an administrative procedure that has no management significance. We have only stipulated that it is mandatory to register for the owner of a hazardous waste source for a number of production, business and service establishments with an emission scale of 120kg/year or more, while many production, business and service activities at the household level that generate hazardous waste (automobile and motorbike repair services, dyeing, scrap recycling, etc.), administrative agencies, public service agencies, headquarters of associations, socio-political and professional organizations, etc. have not been paid attention to and controlled (if no business is established) and the issuance of certificates has caused negative consequences, so it is proposed to abolish the procedure for registering the owner of a hazardous waste source.
- Granting licenses for practicing hazardous waste management: From the experience of establishing the Nam Binh Duong Waste Treatment Complex, it can be seen that this is a very correct and effective model in terms of both environmental protection management and economic efficiency, which needs to be replicated so that the State can invest in developing concentrated waste treatment complexes in regional centers, in order to limit the transportation on too long routes, difficult to control and overlap in licensing activities of waste collection, transportation and treatment leading to unfair competition, limiting the collection, transportation and treatment of hazardous waste. On the basis of these regional waste treatment complexes,
is the premise to promote socialization of industrial waste collection, transportation and treatment activities.
- Instead of not granting transportation licenses as at present, it is necessary to strengthen the decentralization of the authority to grant licenses for hazardous waste management to the People's Committees at the district level; encourage organizations and individuals with sufficient means to grant licenses to transport hazardous waste to waste treatment complexes, ensuring that all generated hazardous waste is collected and treated safely.
3.8.1.2. Institutional improvement and development
- It is necessary to clearly define the main responsibility for environmental protection as belonging to the Department of Natural Resources and Environment; the Government needs to assign the Department of Natural Resources and Environment to coordinate with the Department of Construction and the Department of Science and Technology in waste and hazardous waste management from planning to appraisal of waste treatment technology, only then can the current situation of shifting responsibility to each other in waste treatment activities be limited.
- Strengthening the staff is the key to state management of environmental protection at the grassroots level that needs to be given the first attention: If we have a complete legal system but do not have qualified and capable people to implement it, the provisions of the law will be difficult to fully implement, so it is necessary to strengthen the staff of environmental management officers at the provincial level, especially at the district and commune levels. This can only be done when and only when the environmental civil servant staff is specifically regulated in the Law on Civil Servants and the Law on Environmental Protection with a minimum number of 02 people at the commune level and 02 people at the district level, and a minimum of 03 people in provincial cities/towns.
- In environmental protection work, waste collection and treatment activities, especially hazardous waste, are extremely important and these activities often take place everywhere, at all times, and violations also occur every day, every hour at the grassroots level. Therefore, it is necessary to have specialized inspection forces at the district and commune levels to promptly handle violations. This is an important, indispensable and highly coercive tool, effectively supporting environmental management work at the grassroots level.
3.8.2. Perfecting State management of industrial hazardous waste in Binh Duong province
3.8.2.1. Management organization
- First of all, it is necessary to complete the environmental management organization system from the Ministry of Natural Resources and Environment to the commune level in the direction of stabilizing the organization of the Department of Waste Management and Environmental Improvement at the General Department of Environment, establishing the Solid Waste Management Department under the Department of Environmental Protection - Department of Natural Resources and Environment; the Environmental Management Department under the District-level Department of Natural Resources and Environment and supplementing the staff of environmental management officers at the commune level.
- It is necessary to speed up the investment progress in building concentrated solid waste and hazardous waste treatment complexes in regional centers according to the Master Plan for Solid Waste Management and Treatment of Binh Duong Province to 2030 approved by the Provincial People's Committee.
- It is necessary to review and eliminate cumbersome, unnecessary and procedural regulations to limit and prevent negative impacts arising in inspection, examination and supervision activities of environmental protection and solid waste management.
3.8.2.2. Management method
To effectively manage hazardous waste, it is necessary to continue to improve management methods based on the following two basic contents:
a. Strengthening information for management: Through completing the reporting form and requiring all waste source owners to strictly implement the hazardous waste management reporting regime, ensuring correct, complete and accurate reporting of information related to the situation of hazardous waste generation and treatment of facilities in Binh Duong province.
b. Continue to improve the process of hazardous waste management: Because hazardous waste can retain its toxicity for a long time, sometimes for centuries, it is necessary to reduce the amount of hazardous waste generated as soon as possible. Reducing the amount of hazardous waste can be done through the application of clean production, changing to environmentally friendly raw materials and fuels, and treating, recycling or reusing waste. It is necessary to treat waste before disposal to minimize its impact on the environment and
Dispose
human health. Therefore, the most important issue is to continue to improve the process of managing hazardous waste according to the following 5 stages/processes:
Collection and transportation
Intermediate processing
Handle
Source of origin
Currently, we have been applying the above-mentioned hazardous waste management process and have stipulated that the waste source owner must be responsible from the time of generation to the safe treatment of hazardous waste; strict implementation of the above hazardous waste management process is very suitable for reality. However, reality also shows that there is no single process in the above process that can thoroughly treat hazardous waste, but must include a set of the above treatment processes and complement each other to achieve the best hazardous waste management efficiency, which needs to be completed for each specific stage below.
- Waste source management: Hazardous wastes often originate from different sources, they cannot be reduced, recovered, regenerated and reused and need to be treated and disposed of in a certain order. Source management requires mastering and managing information about hazardous waste sources: What are the sources of emissions in the locality? What is the amount of emissions? What are the components and toxic properties of those wastes?
Many times, environmental management agencies conduct surveys, measurements, and analyses of specific hazardous waste sources to ensure that information on hazardous waste sources is accurate, and also check compliance with hazardous waste management laws by waste source owners, requiring all waste source owners to classify and separate hazardous waste from regular waste.
To properly manage hazardous wastes, it is necessary to propagate and educate people to develop the habit of voluntarily separating hazardous wastes and putting them in special plastic bags. It is necessary to disseminate information about hazardous wastes, raise awareness about the harmful effects on public health, and make all owners of hazardous waste sources fully aware.
responsibility and know how to manage hazardous waste right from the source, apply measures to reduce hazardous waste and do not dump hazardous waste with regular waste.
- Isolation, collection and transportation: This stage carries out the task of collecting all hazardous wastes generated from different waste sources and transporting them to the treatment and disposal area or to the transfer station or to the temporary storage place. Hazardous wastes must be classified before being treated to reduce the cost of further treatment. The first task is to divide them into 2 types: Normal waste and hazardous waste. In facilities that discharge hazardous waste sources, there must be enough specialized equipment for these types of hazardous wastes right from the start. Then, hazardous wastes are divided into types based on technology to achieve high treatment efficiency.
To limit the harmful effects on the health of workers, it is necessary to have safety measures in the collection and classification (masks, gloves, sharp sticks, boots, hats, separate clothes...). The isolation and collection of hazardous waste must be applied immediately when the waste is generated. The collection and treatment of hazardous waste requires safe storage equipment and means.
- Intermediate treatment: During this stage, waste is treated to reduce volume, stabilize, reduce or eliminate toxicity, and make it more suitable for final disposal.
- Transporting hazardous waste for further treatment: Solid waste after treatment in stage 3 can be transported to other places for further treatment for different purposes based on the existing economic and technical conditions at each place and time.
- Waste disposal: Waste that can no longer be reused for any purpose will be disposed of by landfill or incineration.
On the basis of completing the process of managing hazardous waste, we will continue to supplement and complete related legal regulations, closely following the process of managing hazardous waste to create a solid legal basis, specifying in legal documents on environmental protection and