According to Mr. Phuoc’s understanding, the fabric processing corresponds to the definition mentioned in Clause 6, Article 3 of Decree No. 08/2022/ND-CP and will be managed according to Clause 1, Article 65 of Decree No. 08/2022/ND-CP; while the processing of copper-containing components aligns with the definition mentioned in Clause 7, Article 3 of Decree 08/2022/ND-CP.

Mr. Phuoc asked if his understanding is consistent with the law.

He also wants to know how scrap and regular industrial solid waste reused and recycled as raw materials for production are similar and different.

Additionally, he inquired whether the activity of co-processing waste to recover energy corresponds to the content mentioned in Clause 6, Article 3 of Decree No. 08/2022/ND-CP and if it will be managed according to Clause 1, Article 65 of Decree 08/2022/ND-CP.

The Ministry of Natural Resources and Environment responded as follows:

According to the provisions of Decree No. 08/2022/ND-CP dated January 10, 2022, which provides detailed regulations for some articles of the Law on Environmental Protection and related circulars, Mr. Phuoc’s understanding is accurate.

Clause 6, Article 3 of Decree No. 08/2022/ND-CP defines waste reuse as the direct use of waste or use after pre-processing. Waste pre-processing involves simple mechanical and physical measures to change the physical properties such as size, moisture, and temperature, creating favorable conditions for classification, storage, transportation, reuse, recycling, co-processing, and treatment by blending or separating waste components to fit different management processes.

Clause 7, Article 3 of Decree No. 08/2022/ND-CP defines waste recycling as the process of using technological and technical solutions to recover valuable components from waste.

Therefore, the process of transferring surplus fabric (identified as waste) to specialized units for pre-processing and blending to create synthetic fabric fibers is considered waste recycling as defined in Clause 7, Article 3 of Decree No. 08/2022/ND-CP.

Similarly, the transfer of non-hazardous components containing copper to specialized units for separation and smelting to recover pure copper is also considered waste recycling.

Both processes will be managed according to environmental protection laws.

Distinguishing Between Recyclable Scrap and Reused Industrial Solid Waste

According to the Law on Environmental Protection, Decree No. 08/2022/ND-CP, and Circular No. 02/2022/TT-BTNMT issued by the Minister of Natural Resources and Environment, which provides detailed regulations on the implementation of certain provisions of the Law on Environmental Protection:

Scrap is material recovered, classified, and selected from discarded products and materials during production, business activities, services, or consumption to be used as raw materials for another production process.

Industrial Solid Waste is waste generated from production, business activities, and services, which includes hazardous waste, controlled industrial waste, and ordinary industrial solid waste.

Ordinary Industrial Solid Waste that is reused and recycled as raw materials for production refers to the type of waste that is recovered, classified, and selected for direct reuse or used as raw materials in production according to Clause 1, Article 65 of Decree No. 08/2022/ND-CP.

Regulations on Co-Processing Waste

According to Clause 21, Article 3 of the Law on Environmental Protection, co-processing waste involves combining an existing production process to recycle, treat, or recover energy from waste, wherein the waste is used as raw materials, alternative materials, or fuels, or is treated.

Clause 6, Article 3 of Decree No. 08/2022/ND-CP defines waste reuse as the direct use of waste or use after pre-processing. Pre-processing waste involves simple mechanical and physical measures to change its physical properties, such as size, moisture, and temperature, to facilitate classification, storage, transportation, reuse, recycling, co-processing, or treatment by blending or separating waste components to fit different management processes.

Clause 1, Article 65 of Decree No. 08/2022/ND-CP states that ordinary industrial solid waste, which is recovered, classified, and selected for reuse, direct use as raw materials, fuels, or materials for production activities, is managed as a product or commodity.

The co-incineration of ordinary industrial waste to recover energy complies with Clause 8, Article 3 of Decree No. 08/2022/ND-CP.

Ordinary industrial waste, when considered as a fuel that can be co-incinerated, is managed according to Clause 1, Article 65 of Decree No. 08/2022/ND-CP.

(Source: Chinhphu.vn - Government Newspaper).