Thông tin chuyên ngành

The role of waste management policies and decrees

The role of waste management policies and decrees

The issue of waste management over the years has always received special attention, especially for the manufacturing business community. After the shocking incident of Formosa 2016, this issue received even more attention.

Each manufacturing enterprise needs to enhance the role of waste management policies and regulations to protect a clean living environment for the community, especially households living near industrial parks.

1. What is waste management?

Pursuant to Clause 15 Article 3 of the Law on Environmental Protection promulgated on 23/06/2014, “Waste management is the process of preventing, reducing, monitoring, classifying, collecting, transporting, reusing, recycling and treating waste.”

Currently, we can identify and classify waste as follows:

· By hazard level: Non-hazardous waste and hazardous waste. Hazardous waste means waste containing toxic, radioactive, infectious, flammable, explosive, corrosive, poisoning, or hazardous elements (according to the Law on Environmental Protection 2014).

· By origin of waste: Solid waste from domestic and services, construction waste, industrial waste, medical waste.

Pursuant to Article 7 of the 2014 Law on Environmental Protection, prohibited acts related to the discharge of garbage into the environment include:

· Transporting and burying toxins, radioactive substances, wastes and other hazardous substances in contravention of technical procedures on environmental protection.

· Discharge untreated wastes in accordance with environmental technical regulations; toxins, radioactive substances and other hazardous substances entering soil, water sources and air.

· Introduce into water sources toxic chemicals, waste, untested microorganisms and other toxic agents to humans and organisms.

· Discharge of smoke, dust, gases with toxic substances or odors into the air; release of radiation, radioactivity, ionizing substances exceeding environmental technical regulations.

· Causing noise, vibration exceeding environmental technical regulations.

· Import and transit of waste from abroad in any form.

2. Policies on waste management and waste treatment technology.

2.1. When the main waste is a resource

Waste is a useful resource and needs to be utilized in the most optimal way to bring many benefits in production and protect our living environment because waste in one area may be a raw material for production in another.

Therefore, the classification of waste is extremely important, which will help us determine what waste will become raw materials and materials for other production activities. This process also helps to promote circulation, recycling as well as waste reuse.

To do that, ministries and departments need to strictly comply with regulations on waste management, conformity with standards and regulations on the use of waste as raw materials for production. Specify and clearly define the responsibilities of owners of establishments, production, business zones, concentrated services, agencies, organizations, generating common industrial solid waste, households and individuals generating domestic solid waste should be responsible for classifying solid wastes at source. This will make reuse, recycling, energy recovery and disposal more convenient and easier.

2.2. Domestic solid waste arising from households and individuals

Regulations have been introduced in the classification and management of domestic waste into 04 categories including: solid waste capable of recycling (such as paper, plastic, metal, rubber, plastic, glass …), food waste (such as leftovers, vegetables, tubers, fruits, other leftovers …),bulky waste, other common solid waste.

In the recent draft Law, there are also clear regulations on responsibility to contribute and partially support funds in collecting, transporting and treating domestic solid waste according to the principle based on the volume of solid waste generated in daily activities.

In addition, it also promotes the classification of SOLID WASTE that can be recycled by setting criteria, if you classify and manage waste in accordance with regulations, you will not have to pay costs related to waste collection, transportation and treatment. Besides, based on experiential learning in leading countries in waste treatment and management in the world.

The draft Law also introduces “mandatory” regulations with the aim of motivating people to be active in the classification of solid waste in daily life. Such as requiring organizations, individuals and households to buy bags, packaging, storage equipment for domestic solid waste. And clearly stipulate that organizations and individuals collecting and transporting have the right to “refuse” the collection and transportation of households and individuals who do not classify domestic solid waste according to regulations.

2.3.  Current domestic solid waste treatment technology

In the recent draft Law, it has also stipulated that domestic solid waste treatment technologies need to be appraised, using advanced technologies, ensuring environmental friendliness. And now, best-rated technology (BAT) must be applied process technologies combined with energy recovery.

In particular, minimize and discourage the use of solid waste landfill technologies in daily life, except for specific cases prescribed by the Prime Minister. This aims to limit and overcome the use of landfill technology as well as increase environmental protection criteria in waste treatment and management.

2.4.  Common Industrial  Solid Waste

The draft Law also deals with the treatment and management of conventional industrial solid waste. Specifically, organizations and establishments that generate common industrial solid waste must be responsible for sorting at source for reuse, recycling, energy recovery and treatment or transfer to facilities with appropriate functions. To recycle, reuse as well as recover energy in a process.

Agencies, organizations, or establishments that generate ordinary industrial solid waste with a volume of 300kg per day or less are allowed to choose  the form of management of domestic solid waste as prescribed by households and individuals.

In addition, the draft Law also clearly stipulates the classification of ordinary industrial solid waste including ordinary solid waste arising from domestic activities, offices, agricultural production, healthcare, construction and other production, business and service activities.

2.5. Plastic waste treatment

In order to solve and overcome environmental pollution caused by plastic waste. This is an extremely urgent issue today.

And in the recent draft Law has added as well as concretized regulations on reducing, reusing, recycling and treating plastic waste. As follows:

· Stipulate that organizations and individuals that generate plastic waste absolutely must not be disposed of directly into the natural environment

· All need to be responsible for reducing, sorting and disposing of single-use plastic waste and persistent plastic bags according to regulations of authorities to protect and improve the natural environment

· Limit the use of disposable plastic products and plastic bags that are difficult to decompose in daily life as well as production.

The State encourages people to use and recycle plastic waste in service of the production of goods, construction materials and traffic works. Invest and build a national database on plastic waste reuse, recycling and treatment. With the goal of reducing environmental pollution and promoting the recycling and waste treatment market.

2.6. Hazardous waste treatment

The draft has also integrated hazardous waste treatment by declaring and registering waste source owners in the content of environmental permits, environmental registration, and non-licensing of hazardous waste transport vehicles. It also encourages waste management and disposal using BAT technology.

Centralized processing by zone, region or province is encouraged and should be clearly specified in the case of co-processing. And in the draft Law has added regulations on the management of hazardous WASTE arising from domestic activities and hazardous solid waste arising from individual households (such as batteries, waste fluorescent bulbs, batteries …) managed as for solid waste capable of recycling.

And the transportation of hazardous waste to treatment facilities is carried out by waste source owners or organizations that have prescribed environmental permits in accordance with the type of waste to be treated.

2.7. Wastewater treatment

Provincial-level People’s Committees, investors and urban development projects need to be responsible for collecting and treating wastewater up to prescribed standards. Wastewater sources from households and small production and service businesses in urban areas or concentrated residential areas must invest and install on-site treatment equipment according to construction design technical regulations and fully meet local environmental protection requirements before being discharged into the common drainage system. In order to reduce water pollution and gradually improve water quality nationwide, improve the living environment.

2.8. Environmental audit

The draft Law has also added regulations on environmental audit for organizations, production, business and service establishments. For the purpose of improving the efficiency of waste management, rational and economical use of resources as well as preventing and minimizing environmental pollution.

In addition, the draft Law also stipulates that the Government promulgate a mechanism to encourage establishments to conduct their own environmental audits or hire independent audit units to conduct them.

3. Waste management laws and decrees

Currently, laws, strategies and decrees on waste management, medical waste management, hazardous waste management … In our country include:

· Law on Environmental Protection – Law No. 72/2020/QH14 was promulgated on November 17, 2014

· National Environmental Protection Strategy to 2020

· Vision to 2030 (Decision No. 1216/QD-TTg dated 05/09/2012)

· National strategy on integrated solid waste management to 2025, vision to 2050 (Decision No. 2149/QD-TTg dated 12/12/2009)

· Solid waste development strategy in Vietnam’s urban areas and industrial parks to 2020 (Decision No. 152/1999/QD-TTg dated 10/7/1999)

· Decree detailing the implementation of a number of articles of the Law on Environmental Protection (No. 19/2015/ND-CP dated February 14, 2015)

· Decree on waste and scrap management (Decree No. 38/2015/ND-CP dated 24/4/2015)

· Decree on production and supply of public utility products and services (Decree No. 130/2013/ND-CP dated October 16, 2013)

· Decree on construction, assessment, appraisal and management of urban planning (Decree No. 37/2010/ND-CP)

· Decree on policies to encourage socialization with activities in education, vocational training, health, culture, sports and environment (Decree No. 69/2008/ND-CP dated 30/5/2008)

· Decree on investment in the form of public-private partnership (Decree No. 15/2015/ND-CP dated February 14, 2015)

· Solid waste treatment investment program 2011-2020

· Announcement of estimated norms for collection, transportation and treatment of urban solid waste (Decision No. 529/QD-BXD dated 30/5/2014 of the Ministry of Construction)

The above are the legal bases revolving around solid waste management, medical waste management … with the aim of improving and enhancing the natural environment of our country.

4. Frequently Asked Questions

What are the principles and solutions to reduce solid waste generated in environmental protection?

Pursuant to Article 56 of Decree 08/2022/ND – CP has set out clear regulations to reduce and manage solid waste by applying measures to increase production or effective use of products.

In addition, the use of solid waste generated in production, business, service and consumption activities needs to strictly comply with the principle of making the most of the value of waste products and solids.

Waste management and treatment solutions are in the following order of priority:

· Take advantage of recycling and reuse discarded products

· Upgrade and improve to help the life of used products increase their service life

· Optimizing as well as leveraging reusable parts of discarded products

· Use solid waste recycling methods to create raw materials, fuels and materials to serve production activities in accordance with the provisions of law

· Optimum solid waste treatment and combined energy recovery in accordance with current regulations

· Carry out solid waste treatment and landfill in accordance with the latest provisions of law

With the participation of businesses and stakeholders in the waste and recycling industry, the Waste and Recycling Vietnam 2023 exhibition will provide an opportunity for the company to learn, exchange and apply solutions to reduce waste and reuse waste effectively. At the same time, the international exhibition also provides businesses with a platform to expand relationships and apply the most modern waste treatment technology trends.