CIRCULAR

MANAGEMENT, COLLECTION AND TREATMENT OF WASTES FROM SHIPS WITHIN SEAPORT WATERS

Pursuant to the Law on Environmental Protection dated June 23, 2014;

Pursuant to the Vietnam Maritime Code dated November 25, 2015;

Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 10, 2017 defining functions, tasks, rights and organizational structure of the Ministry of Transport;

Pursuant to the Government’s Decree No. 38/2015/ND-CP dated April 24, 2015 on management of wastes and discarded materials;

Pursuant to the Government’s Decree No. 58/2017/ND-CP dated May 10, 2017 on guidelines for some articles of the Vietnam Maritime Code on management of maritime operations;

At the request of the Director of Department of Environment and Director General of the Vietnam Maritime Administration;

The Minister of Transport hereby adopts a Circular on management, collection and treatment of wastes from ships within seaport waters.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Circular provides for management, collection and treatment of wastes from ships within seaport waters.

2. The collection and treatment of ozone depleting substances generated from ships shall be compliant with regulations of the law on management of ozone depleting substances and shall not be regulated in this Circular.

Article 2. Regulated entities

1. Organizations and individuals related to the collection and treatment of wastes from ships within seaport waters.

2. Vietnamese and foreign ships operating within Vietnamese seaport waters.

Article 3. Definitions

For the purposes of this Circular, the terms below shall be construed as follows:

1. “wastes from ships” include rubbish, dirty water, oil residue-containing water and other noxious liquid substances discharged during operation of ships.

2. “rubbish” includes domestic wastes, industrial solid wastes and hazardous solid wastes generated during operation of ships. Where:

a) Domestic wastes are used foods and cooking oils and other solid wastes generated from daily-life activities of crew members and passengers on board ships.

b) Hazardous solid wastes are solid wastes that are generated during operation of ships and contain hazardous components such as oil-containing mop, paint debris, exhaust gas, residues of dangerous goods and other solid wastes on the list of hazardous wastes provided in the Appendix 1 enclosed with the Circular No. 36/2015/TT-BTNMT dated June 30, 2015 of the Minister of Natural Resources and Environment on management of hazardous wastes.

c) Industrial solid wastes are wastes generated during cargo handling and operation, maintenance and repair of ships, except for hazardous solid wastes.

3. “dirty water” is the water whose characteristics and nature are changed and that is discharged from rest rooms; washbasins, bathtubs, drainage holes in the medical chamber; chambers containing live animals on ships and other water mixtures when mixed with the abovementioned types of water.

4. “oil residue-containing water” is a liquid waste containing oil discharged from machinery bilges, water used for cleaning the hold of the oil tanker, water used for cleaning fuel oil tank, waste oil, waste oil residues, leaking oil, water from ballast tanks containing oil, cargo hold bilge water containing oil.

5. “other noxious liquid substances” are noxious liquid residues and liquid wastes discharged during cargo tank cleaning or ballast discharge on ships carrying category X, Y or Z noxious liquid substances in bulk in accordance with Appendix 6, Appendix II of the International Convention for the Prevention of Pollution from Ships, 1973, and its amendment of 1978 and 1997 (hereinafter referred to as “MARPOL Convention”).

6. “collection and treatment of wastes from ships” are the activities related to the collection, temporary storage, transport and treatment of wastes from ships.

7. “reception facilities” are specialized facilities established for the purpose of collecting and temporarily storing wastes from ships in accordance with regulations of Vietnam’s law on waste management and regulations on standard discharge connection of the MARPOL Convention.

8. “oil” means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products  and includes the substances listed in the Appendix I of this Circular.

Chapter II

MANAGEMENT, COLLECTION AND TREATMENT OF WASTES FROM SHIPS WITHIN SEAPORT WATERS

Article 4. Management, collection and treatment of wastes from ships within seaport waters

1. Hazardous solid wastes, oil residue-containing water and other noxious liquid substances from ships must be managed, collected and treated as prescribed in Chapter II of the Government’s Decree No. 38/2015/ND-CP dated April 24, 2015 on management of wastes and discarded materials (hereinafter referred to as “Decree No. 38/2015/ND-CP”), Circular No. 36/2015/TT-BTNMT dated June 20, 2015 of the Minister of Natural Resources and Environment on management of hazardous wastes (hereinafter referred to as “Circular No. 36/2015/TT-BTNMT”) and relevant laws.

2. Domestic wastes from ships must be managed, collected and treated as prescribed in Chapter III of the Decree No. 38/2015/ND-CP and relevant laws.

3. Industrial solid wastes from ships must be managed, collected and treated as prescribed in Chapter IV of the Decree No. 38/2015/ND-CP and relevant laws.

4. Dirty water from ships must be managed, collected and treated as prescribed in Chapter V of the Decree No. 38/2015/ND-CP and relevant laws.

5. The seaport enterprise that collects and treats wastes from ships within seaport waters itself must comply with regulations of the Decree No. 38/2015/ND-CP, Circular No. 36/2015/TT-BTNMT and relevant laws.

6. The seaport enterprise that does not collect and treat wastes from ships within seaport waters itself must sign an agreement with waste collection and treatment service providers in accordance with regulations of the Decree No. 38/2015/ND-CP, Circular No. 36/2015/TT-BTNMT and relevant laws.

7. Wastes from ships within seaport waters must be collected within 04 hours since the regional port authority receives the request made by the declarant.

8. Prices of waste collection and management services shall be compliant with regulations of the applicable law on prices and relevant laws.

Article 5. Publishing of information relating to provision of waste collection and treatment services within seaport waters

1. The seaport enterprise shall publish and post the list of organizations and individuals that have signed a contract for provision of waste collection and treatment services and prices of waste collection and treatment services on its website and at its head office according to the Form No. 1 in the Appendix II hereof.

2. Waste collection and treatment services in the anchorage and transshipment area under the State's management shall be provided as follows:

a) The regional port authority shall publish information about demand for collection and treatment of waste in the anchorage and transshipment area under the State's management on its website;

b) The organization or individual wishing to provide waste collection and treatment services in the anchorage and transshipment area under the State's management shall send an application form made using the Form No. 2 in the Appendix II hereof to the port authority.

c) The regional port authority shall publish and post the list of organizations and individuals that have registered to provide waste collection and treatment services in the anchorage and transshipment area under the State's management and prices of waste collection and treatment services on its website and at its head office according to the Form No. 1 in the Appendix II hereof.

Article 6. Presenting demand for treatment of wastes from ships within seaport waters

1. In case of demand for treatment of wastes from ships within seaport waters, the declarant shall reach an agreement with the seaport enterprise or listed waste collection and treatment service provider and provide information about type of waste and quantity of waste in kilograms (hereinafter referred to as “kg”) or cubic meters (hereinafter referred to as “m3”), and reception facilities for the regional port authority as specified in the section 21 of the General Declaration made using the Form No. 42 enclosed with the Government’s Decree No. 58/2017/ND-CP dated May 10, 2017 on guidelines for some articles of the Vietnam Maritime Code on management of maritime operations (hereinafter referred to as “Decree No. 58/2017/ND-CP”).

2. In case dirty water, oil residue-containing water and other noxious liquid substances from ships have to be pumped for collection and treatment, in addition to complying with Clause 1 of this Article, the declarant shall submit a written request according to the Form No. 35 enclosed with the Decree No. 58/2017/ND-CP to the regional port authority.

3. If wishing to collect and treat wastes from ships operating for a long time within a maritime area under the management of a regional port authority, the declarant shall reach an agreement with the waste collection and treatment service provider and provide information about type of waste, quantity of waste in kg or m3, reception facility and organization or individual in charge of collecting and treating wastes and requesting waste pumping according to the Form No. 35 enclosed with the Decree No. 58/2017/ND-CP.

Article 7. Procedures for collection and treatment of domestic wastes, industrial solid wastes and dirty water from ships within seaport waters

1. Regarding the seaport enterprise that collects and treats domestic wastes, industrial solid wastes and dirty water from ships within seaport waters itself:

a) The seaport enterprise shall provide a reception facility to collect wastes from ships; transport, temporarily store and treat wastes in accordance with regulations of the Decree No. 38/2015/ND-CP and relevant laws;

b) After collecting wastes from ships, the seaport enterprise shall make a confirmation of waste collection according to the Form No. 3 in the Appendix II hereof and send it to relevant parties.

2. In case the waste collection and treatment service provider collects and treats domestic wastes, industrial solid wastes and dirty water from ships within seaport waters:

a) The waste collection and treatment service provider shall provide a reception facility to collect wastes from ships; transport, temporarily store and treat wastes in accordance with regulations of the Decree No. 38/2015/ND-CP and relevant laws;

b) After collecting wastes from ships, the waste collection and treatment service provider shall make a confirmation of waste collection according to the Form No. 3 in the Appendix II hereof and send it to relevant parties.

3. The reception facility that receives dirty water from ships must be fitted with a standard discharge connection that can be connected to the discharge connection of the ship and must satisfy the following requirements:

a) The outside diameter is 210 mm;

b) The inner diameter is the same as the pipe outside diameter;

c) The bolt circle diameter is 170 mm;

d) The slots in the discharge connection : there must be 4 holes 18 mm in diameter equidistantly placed on a bolt circle of the above diameter, slotted to the flange periphery. The slot width is 18 mm;

dd) The thickness of the discharge connection is 16 mm;

e) Bolts and nuts: there must be 4, each is 16 mm with suitable length;

g) The flange is designed to accept pipes up to a maximum internal diameter of 100 mm and shall be of steel or other equivalent material having a flat face. This flange, together with a suitable gasket, shall be suitable for a service pressure of 600 kPa;

h) For ships having a moulded depth of 5 m and less, the inner diameter of the discharge connection may be 38 mm;

i) For specialized ships and passenger ferries, other appropriate discharge connections or quick connection couplings may be used to pump dirty water.

4. Domestic wastes, industrial solid wastes and dirty water collected from ships must be categorized, temporarily stored and transported by appropriate means of transport and equipment in accordance with regulations of the law on waste management.

Article 8. Procedures for collection and treatment of hazardous solid wastes, oil residue-containing water and other noxious liquid substances from ships within seaport waters

1. For the seaport enterprise that collects and treats hazardous solid wastes, oil residue-containing water and other noxious liquid substances from ships within seaport waters itself:

a) The seaport enterprise shall provide a reception facility to collect wastes from ships; transport, temporarily store and treat wastes in accordance with regulations of the Decree No. 38/2015/ND-CP, Circular No. 36/2015/TT-BTNMT and relevant laws;

b) After collecting wastes from ships within seaport waters, the seaport enterprise shall make a confirmation of waste collection according to the Form No. 3 in the Appendix II hereof, prepare hazardous waste documents in accordance with regulations of the Circular No. 36/2015/TT-BTNMT and send them to relevant parties;

c) After treating wastes from ships within seaport waters, the seaport enterprise shall send a copy of the Sheet No. 4 of hazardous waste documents to the regional port authority.

2. In case the waste collection and treatment service provider collects and treats hazardous solid wastes, oil residue-containing water and other noxious liquid substances from ships within seaport waters:

a) The waste collection and treatment service provider shall provide a reception facility to collect wastes from ships; transport, temporarily store and treat wastes in accordance with regulations of the Decree No. 38/2015/ND-CP, Circular No. 36/2015/TT-BTNMT and relevant laws;

b) After collecting wastes from ships within seaport waters, the waste collection and treatment service provider shall make a confirmation of waste collection according to the Form No. 3 in the Appendix II hereof, prepare hazardous waste documents in accordance with regulations of the Circular No. 36/2015/TT-BTNMT and send them to relevant parties;

c) After treating wastes from ships within seaport waters, the waste collection and treatment service provider shall send a copy of the Sheet No. 4 of hazardous waste documents to the regional port authority.

3. The collection and treatment of hazardous solid wastes, oil residue-containing water and other noxious liquid substances from ships within seaport waters must ensure no drop, spread or leak of wastes.

4. The reception facility and means of transport of hazardous solid wastes, oil residue-containing water and other noxious liquid substances from ships must satisfy regulations of the Decree No. 38/2015/ND-CP and technical requirements and management procedures in the Appendix 2 (B) enclosed with the Circular No. 36/2015/TT-BTNMT.

5. The reception facility that receives waste oil residues and oil-containing liquid substances from machinery bilges must be fitted with a standard discharge connection that can be connected to the discharge connection of the ship and must satisfy the following requirements:

a) The outside diameter is 215 mm;

b) The inner diameter is the same as the pipe outside diameter;

c) The bolt circle diameter is 183 mm;

d) The slots in discharge connection: there must be 6 holes 22 mm in diameter equidistantly placed on a bolt circle of the above diameter, slotted to the flange periphery. The slot width is 22 mm;

dd) The thickness of the discharge connection is 20 mm;

e) Bolts and nuts: there must be 6, each is 20 mm with suitable length;

g) The flange is designed to accept pipes up to a maximum internal diameter of 125 mm and shall be of steel or other equivalent material having a flat face. This flange, together with a suitable gasket, shall be suitable for a service pressure of 600 kPa;

Chapter III

RESPONSIBILITIES OF COMPETENT AUTHORITIES AND RELEVANT UNITS

Article 9. Responsibilities of the Vietnam Maritime Administration

1. Direct regional port authorities to organize the implementation of this Circular.

2. Organize the inspection of collection and treatment of wastes from ships within seaport waters.

3. Consolidate results of management, collection and treatment of wastes from ships into the marine environment protection report and submit it to the Ministry of Transport before December 10.

Article 10. Responsibilities of regional port authorities

1. Organize and supervise the collection and treatment of waste from ships in accordance with regulations of this Circular and Decree No. 58/2017/ND-CP.

2. Provide guidance and enable organizations, individuals and ships to collect and treat wastes from ships.

3. Retain documents about collection and treatment of wastes from ships and provide them at the request of competent authorities (in case of collection and treatment of wastes from ships in the anchorage and transshipment area under the State’s management).

4. Prepare and submit a consolidated report on management, collection and treatment of wastes from ships within seaport waters under their management according to the Form No. 4 in the Appendix II hereof and submit it to the Vietnam Maritime Administration before December  01.

Article 11. Responsibilities of seaport authorities

1. Comply with all regulations of this Circular.

2. Retain documents about collection and treatment of wastes from ships and provide them at the request of competent authorities.

3. Prepare and submit a consolidated report on management, collection and treatment of wastes from ships within seaport waters under their management according to the Form No. 4 in the Appendix II hereof and submit it to the regional port authority before November 15.

Article 12. Responsibilities of waste collection and treatment service providers

1. Comply with all regulations of this Circular and relevant laws on collection and treatment of wastes.

2. Retain documents about collection and treatment of wastes from ships and provide them at the request of competent authorities.

Article 13. Responsibilities of captains and ship owners

1. Comply with all regulations of this Circular.

2. Proactively collect and treat wastes from ship in case the capacity of the equipment or tank containing wastes fails to store wastes for the next itinerary.

Chapter IV

IMPLEMENTATION CLAUSE

Article 14. Effect

This Circular comes into force from January 01, 2018 and replaces the Circular No. 50/2012/TT-BGTVT dated December 19, 2012 of the Minister of Transport.

Article 15. Implementation

1. Chief of the Ministry Office, Chief of Ministry Inspectorate, Director General of Departments, Director General of the Vietnam Maritime Administration and relevant organizations and individuals are responsible for the implementation of this Circular.

2. In the cases where any of the legislative documents referred to in this Circular is amended or replaced, the newest one shall apply.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Transport for consideration./.

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