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| Procedure Name | Granting eligibility certification for environmental protection cases for organizations and individuals directly using imported scrap as raw material production |
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| Description |
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Category
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Procedure for granting certification
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Responsible Agency
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Ministry of Natural Resources and Environment
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Legal basis of the Procedure
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Decree No. 38/2015/ND-CP dated April 22, 2015 of the Government on the management of wastes and scraps
Circular No. 41/2015/TT-BTNMT dated September 9, 2015 of the Ministry of Natural Resources and Environment on environmental protection in import of scraps for use as raw production materials
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Processing time
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- Responding time depends on the validity of dossier: 05 working days
- Time for notification of results: 40 working days.
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Fee
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Not prescribed
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Required documents
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No
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Type of documents
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1
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A (01) written request for the Certificate of eligibility in environmental protection in import of scraps for use as raw production materials
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2
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Seven (07) reports of conditions in environmental protection in import of scraps for use as raw production materials using the Form prescribed in Annexes 3a and 3b of Circular No. 41/2015/TT-BTNMT.
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3
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Certificate of Business Registration or Certificate of Business Registration; Certificate of Registration of Tax Code.
One of the following documents: Decision to approve the Report on environmental impact assessment and Decision to approve the Report on supplementary environmental impact assessment (if any); Certificate of THE Registration of meeting requirements in environmental protection; Certification of the Registration of commitment on environmental protection; Decision to approve the Scheme on environmental protection; Certificate of the Registration of Scheme on environmental protection; Decision to approve the Scheme on environmental protection (in detail); Certificate of the Registration of Scheme on environmental protection scheme (simple form); Certificate of Registration of environmental protection plan; Written notice of acceptance of the Registration of commitment on environmental protection.
The contract of transfer and handling of impurities and waste with an agency with appropriate functionals (in case there is no technology/equipment for handling associating impurities or arising waste)
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4
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Principle entrusted import contracts signed with the organization/individual using imported scraps as raw production materials who has been granted the certificate;
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5
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Certificate of validity of the organizations/individuals directly using imported scraps as raw production materials;
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6
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A commitment on re-export or handling of imported scraps using the Form prescribed in Annex 4b attached to this Circular
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Process Steps
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Step 1:
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The enterprise (investor) shall submit the dossier online or via Post office
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Step 2:
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The competent authority shall examine the dossier; if the dossier is incomplete, within five (05) working days, send a written notice to the investor requesting the completion of dossier.
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Step 3:
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The competent authority shall decide to set up the Inspection Team using the form prescribed in Annex 5 attached to this Circular and conduct the inspection of conditions of environmental protection in importing scraps as raw production materials; where necessary, the authority shall conduct sampling, analyses, or provide consulting services to the relevant organizations/individuals. Inspection Team members give comments using the form prescribed in Annex 6 attached to this Circular. Inspection results on conditions of environmental protection shall be put in a written document using the form prescribed in Annex 6 attached to this Circular. The competent authority shall not set up the Inspection Team the the case where the enterprise entrusted with importing scraps as raw production materials does not have warehouse/depot facilities for storing the imported scraps.
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Step 4:
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If the enterprise meets all the requirements of environmental protection according to applicable regulations, the competent authority shall consider to grant the Certificate; if the organization/individual has not met all the requirements of environmental protection according to applicable regulations, the competent authority shall send a written notice to the enterprise requesting the completion of dossier and requirements of environmental protection.
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Step 5:
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The enterprise shall properly comply with the requirements of the written notice, complete the requirements, re-send the completed dossier to the competent authority for consideration; where necessary, the competent authority shall examine the conditions of environmental protection and consider to grant the Certificate. In case of not granting the Certificate, the competent authority shall notify in writing and clearly state relevant reasons.
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Step 6:
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The investor shall receive the Certificate at the "Single Window Unit" of the Department of Natural Resources and Environment.
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Remark: Decision 1588 / QD-BTNMT on simplication of administrative procedure stipulates
1. Increase the validity term of the certificate of satisfaction of environmental protection conditions in the import of discarded materials for use as raw materials for production from 2 years to 3 years.
2. Reduce the composition of each administrative case: No component number required
3. Removing dossiers of application for business registration certificates or enterprise registration certificates; Certificate of tax code registration
4. This administrative procedure can be implemented through the National Single Window
5. Required document: One (01) report on conditions for environmental protection - regulated in Circular 03/2018/TT-BTNMT I/O 07 reports.
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| Category | Procedure |
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The following form/s are used in this procedure
This procedure applies to the following measures
