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6. Issuing certificate of eligibility to importing wasted materials as production materials_page 1

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6. Issuing certificate of eligibility to importing wasted materials as production materials
6. Issuing certificate of eligibility  to importing wasted materials as production materials
6.1. Implementing steps:
- Step 1: Individuals/organizations make a request for a certificate of eligibility to protect the environment during the importation of wasted materials, then submit fully, valid request at one –stop shop of Department of Natural Resources and Environment.
Officer in charge at one –stop shop of Department of Natural Resources and Environment admits the documents upon issuing receipt note, registers, updates in file for supervision , then sends it to Environment Protection Bureau for processing  as per required.
-Step 2:  Within 05 working days from the reception of the fully valid dossier, the Department of Natural Resources and Environment establishes a team of examiners. If the dossier is not fully valid, the Department of Natural Resources and Environment gives a notice to the project owner for edition and completion of the dossier  .
- Step 3 : The  team of examiners checks conditions of environment protection during the importation of wasted materials as production materials; if necessary, take samples, analyze, consult with involved individuals/ organizations. Members of the team give opinions and comments.
- Step 4: Organizations/ individuals are to meet enough requirements for environment protection as per required, the Department of Natural Resources and Environment reviews, issues a certificate; if the organizations/ individuals don’t meet enough requirements for environment protection as per required, the Department of Natural Resources and Environment gives a written notice to the organizations/ individuals for edition and completion of the dossier  and conditions of environment protection as per required.
- Step 5: Organizations/ individuals follow the requirements in the notice received and complete the dossier, send the completed one to the Department of Natural Resources and Environment for consideration; if needed, the Department of Natural Resources and Environment double-checks all the conditions of environment protection, considers and gives a certificate. In case the certificate is not given, the Department of Natural Resources and Environment gives a written notice and announces reasons.
6.2. Implementing methods:
Directly, at the one-stop shop of the Department of Natural Resources and Environment
11.3. Dossier Components, quantity :
a) Dossier consists of:
1- One  (01) request for issuing a certificate of eligibility to environment protection during the importation of wasted materials;
2- Seven  (07) reports on conditions of environment protection during the importation of wasted materials as production materials.
3- Certificate of business registration or Certificate of firm registration; Certificate of tax code registration;
4- One  (01) of the following documents: Decision on approval of EIA and added decision on approval of EIA (if any); Certificate of environment standard registration; Certificate of registering environment protection commitment ; Decision on approval of the detailed project of environment protection; Certificate of registering simple project of environment protection; Certificate of registering plan for environment protection; Written Report on admitting registration of environment protection commitment
5- One  (01) of the following documents: Certificate of completing projects, measures of environment protection as per required by law on environment protection applied to establishments and projects; Certificate of completing carrying out the detailed projects of environment protection  or equivalent documents, papers (if any).
6- Contract of transfer , impurities and waste treatment with functionally-suited agencies (in case there is no technology, accompanying devices of impurities treatment, waste arising);
7- Report the result of periodically supervising the establishment environment ( if there is no result applied to projects, devices of waste treatment during production, recycling, reusing wasted materials, add the report);
8- Commitment to re-export or treat imported wasted materials
 
b) Quantity: 01 (set).
6.4. Time limit:
Within 30 working days from the reception of the fully valid dossier, if the dossier needs edition and addition, follow the requirements of  the Department of Natural Resources and Environment (not including time for edition and addition by the organizations/individuals)
6.5. Target group: Organizations/individuals.
6.6. Implementing agencies : the Department of Natural Resources and Environment.
6.7. Output: Certificate of eligibility to environment protection during importation of wasted materials
6.8. Names of application formats, declaration formats
1. Proposal of certificate of eligibility to environment protection during importation of wasted materials (Appendix 2a);
2. Form of Cover, extra cover of the report on the conditions of environment protection during the importation of wasted materials as production materials. (Appendix 3a);
3. Form of a report on the conditions of environment protection during the importation of wasted materials as production materials. (Appendix 3b, 3c);
4. Form of Commitment to re-export or treat imported wasted materials (Appendix 4a, 4b);
5. Form of written report on loads of imported wasted materials (Appendix 11).
(Circular No 41/2015/TT-BTNMT dated 09/9/2015 by the Ministry of  Natural Resources and Environment).
6.9 Fees, duty: N/A
6.10 Legal basis :
- Law on Environment protection  year 2014;
- Decree No 38/2015/NĐ-CP dated  24/4/2015 on managing waste and wasted materials by the Government;
- Circular No 41/2015/TT-BTNMT dated 09/9/2015 by the Ministry of  Natural Resources and Environment on protecting the environment during the importation of wasted materials as production materials.
 
APPENDIX 2a
A FORM OF WRITTEN REQUEST FOR ISSUANCE OF CERTIFICATE OF ELIGIBILITY OF ENVIRONMENTAL PROTECTION IN IMPORT SCRAP FOR USE AS RAW PRODUCTION MATERIALS
(Issued together with Circular No. 41/2015/TT-BTNMT dated September 09, 2015 by The Ministry of Natural Resources and Environment)
 
(1)
-------
THE SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
-----------------------------
No: …………..
Regarding Request for issuance of Certificate of eligibility of environmental protection in import scrap for use as raw production materials
 
Location, date ...... month ..... year .....
 
To: .........................(2)............................
1. Name of requesting organization, individual...............................
Certificate of Business Registration no: ................................................................
Date of issue ............................................ Place of issue.......................................
2. Address of head office........................................................................................
3. Full name of the competent representative of organization, individual.............
Telephone: ...............................Fax..................................... Email.........................
4. We enclose with this document the dossier to request for issuance of Certificate of eligibility of environmental protection in import scrap for use as raw production materials
5. Form and quantity of imported scrap:
a) Directly using scrap as raw production materials
No. Type of imported scrap Quantity of scrap requested for import within 6 months after the issuance of Certification (ton) (*) Quantity of scrap requested for import within the duration of Certification (ton)  
  Name of scrap  HS code    
  1        
  2        
  ...        
                   
(*)Only applied to organizations or individuals importing scrap subject to the cases specified in Clause 6, Article 5 of this Circular.
b) Importing scrap with the entrustment
No. Type of imported scrap Quantity of scrap requested for import within 6 months after the issuance of Certification (ton) (*) Quantity of scrap requested for import within the duration of Certification (ton) Organizations or individuals entrusting the import of scrap
  Name of scrap  HS code        
  1            
  2            
  ...            
                 
(*)Only applied to organizations or individuals importing scrap subject to the cases specified in Clause 6, Article 5 of this Circular.
6. We undertake to abide, properly and with full responsibility, the regulations and requirements for environmental protection in import of scrap from foreign countries for use as raw production materials.
We kindly request (2) to consider and issue the Certification of eligibility for environmental protection in import of scrap from foreign countries for use as raw production materials
Recipient:
- As above
- ....
COMPETENT REPRESENTATIVE OF ORGANIZATION/ INDIVIDUAL(1)
 
Note:
(1) Organization or individual importing scrap
(2) Competent agency issuing the Certification
 
APPENDIX 3a
FORM OF COVER AND SUBPAGE OF COVER OF REPORT ON CONDITIONS FOR ENVIRONMENTAL PROTECTION IN IMPORT OF SCRAP FOR USE AS RAW MATERIALS
(Issued together with Circular No. 41/2015/TT-BTNMT dated 09/09/2015 by the Ministry of Natural Resources And Environment)
 
(NAME OF ORGANIZATION OR INDIVIDUAL IMPORTING SCRAP)
 
 
 
 
REPORT ON CONDITIONS FOR ENVIRONMENTAL PROTECTION IN IMPORT OF SCRAP FOR USE AS RAW MATERIALS
 
 
 
 
NAME OF ORGANIZATION OR INDIVIDUAL IMPORTING SCRAP (*)
(Competent representative’s signature, full name and seal)
CONSULTING AGENCY(if any) (*)
(Competent representative’s signature, full name and seal)
 
 
 
 
 
 
 
Month ... year......
Note
(*)Only presented on subpage of cover

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