Waste management gap of Natural Resources and Environment sector

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Form Appendix 11 Circular 41 of the Ministry of Natural Resources and Environment. Photo: T.B.

Issuing a document with not enough conditions!

According to the provisions of Clause 1, Article 10 of Circular 41/2015/TT-BTNMT of September 9, 2015 of the Ministry of Natural Resources and Environment: Before carrying out the import procedures for waste shipment, the organizations or individuals sends the written notice of imported waste consignments made according to the form prescribed in Appendix 11 to the competent agencies.

When carrying out procedures (import), in addition to the customs dossiers according to current law provisions, the organizations and individuals using directly imported waste as production raw materials shall additionally fill some relevant documents to the Customs offices, including a written notice of the shipment of imported waste for inspection and clearance (copy).

According to the form in Appendix 11 (photo above), in order to be issued a written notification of imported waste shipment, the enterprises must have a certificate of eligibility for waste import.

In the case of Trung Thanh Company, it is known that the Dong Thap Department of Natural Resources and Environment granted 3 Certificates of eligibility for importing waste materials certificate No. 2010 dated December 31, 2013, certificate No. 2221 dated December 19, 2014 and certificate No. 557 dated March 11, 2016.

Certificate No. 2221 expired on December 19, 2015 while Certificate no. 557 must signed on March 11, 2016. During the period from December 20, 2015 to March 10, 2016, the Trung Thanh Company did not have a certificate of eligibility. However, during this time, a Deputy Director of Dong Thap Department of Natural Resources and Environment still signed notices on imported waste shipments for Trung Thanh Company

The leadership of Dong Thap Department of Natural Resources and Environment issued a written notification of imported waste shipment to the Trung Thanh Company when the enterprise had not obtained a certificate of eligibility. But that did not comply with the provisions of Circular 41 of the Ministry of Natural Resources and Environment, revealing a "gap" in the responsibility of managing waste resources of the Natural Resources and Environment Authority in localities when issuing notices to the enterprises without certificates

Deputy Director of the Department licensed to import waste for enterprises without factories

In addition to this incident, which has recently attracted the attention of public opinion, the process of investigating violations in importing waste has discovered some officers of the Natural Resources and Environment sector committed violations.

An investigation of a case occurred at the Hong Viet Construction Service Business Production Co., Ltd. (Ward 4, District 4, HCMC), on November 3, 2018, the Police Investigation agency issued a decision to prosecute and arrested and remanded in custody two people: Doan Van Phuc - former Deputy Director of Ben Tre Department of Natural Resources and Environment and Truong Van Em, Head of Ben Tre Environmental Protect Sub-Department on charges of "abusing positions and powers while on duty".

Prevent containers of ineligible waste, scraps VCN – Implementing Prime Minister’s Directive No. 27 / CT-TTg dated September 7th, 2018, on urgent solution ...

The investigation found that: On January 12, 2015, the Ben Tre Department of Natural Resources and Environment granted a certificate of eligibility for importing waste No. 69/CN-STNMT to the Hong Viet Company. Vietnam. But this company did not have a factory, machinery, production lines and recycling materials in accordance with the law. From November 2015 to February 2017, the Company took advantage of certificates of eligibility for waste imports and 76 notices of consignments of imported waste materials granted by the Ben Tre Department of Natural Resources and Environment to illegally import more than 5,000 waste containers into Vietnam.