Vietnam Brief report: Public consultation for new regulations on e-waste, ELV and packaging waste management of Vietnam (1)

Overview of the proposed EPR system

On June 16, 2021, the Vietnam Chamber of Commerce and Industry (VCCI), in collaboration with the Ministry of Natural Resources and Environment (MONRE), held a webinar on hearing comments for extended producer responsibility (EPR) rules in the draft Decree providing details of the Law on Environmental Protection (No. 72/2020/QH14) (LEP 2020). The webinar was organized by Mr. Du Anh Tuan, a Director of the Department of Legislation of VCCI and attended by various experts, representatives of international organizations, non-governmental organizations (NGOs), business associations and concerned companies.

 

Key points of the proposed EPR regulations under the Law on Environmental Protection of 2020

MONRE has prepared a draft Decree providing details of several provisions of LEP 2020 (hereinafter referred to as the draft Decree), including the provisions on the responsibility of producers and importers in the recycling and treatment of discarded products and packaging materials as stipulated in Articles 54 and 55 of LEP 2020. These details are provided in Articles 90-103 and Annexes 52-58 of the draft Decree. The draft Decree was also published on the MONREā€™s website on the same day (June 16, 2021), and the original text can be downloaded from the following URL:
https://monre.gov.vn/VanBan/Pages/ChiTietVanBanDuThao.aspx?pID=257

 

The products to be covered by the proposed EPR system and its implementation schedule are as follows:

Types Products and Packaging Schedule Responsibilities of Producers and Importers
Recycling Cells and batteries 01/01/2024 Implement recycling of products and packaging materials based on one of the following methods:

  • Recycle by themselves
  • Outsource to recyclers
  • Delegate to a third party
  • Pay to the Vietnam Environmental Protection Fund
Electrical and electronic equipment 01/01/2024
Lubricant oil 01/01/2023
Tires 01/01/2024
Vehicles
(including heavy machineries, such as construction machine)
01/01/2025
Packaging 01/01/2023
Treatment
  • Containers for pesticides, insecticides and disinfectants, and chemicals of all kinds
  • Chewing gum
  • Disposable diapers and sanitary napkins
  • Cigarettes
  • Plastic products and plastic packaging materials (cutlery, straws, shoes, sandals, toys, furniture, construction materials, etc.)
01/01/2023 Payment to the Vietnam Environmental Protection Fund to support related activities

 

 

If they choose to recycle products and packaging materials by themselves, producers and importers are required to submit a recycling plan for the year and a report on the results of the previous year to the authorities by March 31 of each year. In implementing recycling, producers and importers also must comply with the mandatory recycling ratios set by the government, and if they are able to recycle more than the ratios, they can retain the excess for three years. In addition, the recycling result report must undergo an external audit before submission.

 

On the other hand, if they choose the “Vietnam Environmental Protection Fund”, they are required to submit a report that contains the total amount of products and packaging materials to be sold by them to the Vietnam EPR Office by March 31 every year. The formula for calculating the amount of this payment is as follows, and its receipt is a necessary document for import customs clearance.

Total payment (F) =

Mandatory recycling ratio (R)

x

Quantity of products and packaging materials (V)

x

Constant of recycling cost (Fs)

+

Administrative fee (Fm)

 

The collected funds will be used for recycling and recyclers will be selected by open bidding.

*See more details about Q&A session of the public hearing in the following page:
Brief report: Public consultation for new regulations on e-waste, ELV and waste packaging regulations of Vietnam (2) Q&A on the proposed EPR system