Vietnam Vietnam oblige producers to pay to Environmental Protection Fund under EPR scheme

Vietnam oblige producers to pay to Environmental Protection Fund under EPR scheme

On January 10, 2022, the Vietnamese government established the Decree No. 08/2022/ND-CP Detailing a Number of Articles of Law on Environmental Protection 2020 (hereinafter “the Decree”), which came into effect on the same day. Articles 77–86 of the Decree provide for detailed rules on treatment of discarded products and packaging materials under the Extended Producer Responsibility (EPR) scheme as stipulated in Articles 54 and 55 of the Law on Environmental Protection 2020. The Decree sets out a list of regulated products, details of the Environmental Protection Fund, and the obligation to disclose product information.

On the same day, the Vietnamese Ministry of Natural Resources and Environment also established the Circular No. 02/2022/TT-BTNMT on Implementation Rules for a Number of Articles of the Law on Environmental Protection (hereinafter “the Circular”). The Circular stipulates formats of application forms required to perform treatment responsibilities.

These regulations can be downloaded at:

The Decree No. 08/2022/ND-CP:
https://monre.gov.vn/VanBan/Pages/ChiTietVanBanPhapQuy.aspx?pID=277

The Circular No. 02/2022/TT-BTNMT:
https://monre.gov.vn/VanBan/Pages/ChiTietVanBanPhapQuy.aspx?pID=276

 

Regulated products and containers/packaging

Producers and importers of products and packaging materials specified in Annex XXIII of the Decree are required to pay into the Vietnam Environmental Protection Fund for the purpose of supporting waste treatment activities. The specific products subject to such responsibility and details of the payment are as follows. Note that the responsibility of treatment for products and packaging materials are applied on and after the effective date of the Decree.

No. Regulated products and containers/packaging Payable amount to support waste treatment
1 Packages of pesticide VND 20–250 (approx. 0.001–0.011 USD)/unit depending on shape, volume and size
2 Disposable battery cells For producers: 1% of the total sales amount of the products

For importers: 1% of the total price of the imported products

3 Diapers, sanitary napkins, and disposable wet hand towels
4 Chewing gum
5 Cigarettes VND 60 (approx. 0.003 USD)/20 cigarettes
6 Products using plastic:

Cups, spoons, muddlers, straws, cotton swabs, disposable razors, clothes, bags, shoes, sandals, any types of toys, any types of interior finishing supplies, any types of construction materials, and plastic bags (non-biodegradable, 50cm x 50cm or smaller, and 50µm thick or less)

VND 1,500 (approx. 0.066 USD) per kg of plastic used

Responsibilities of producers and importers

Producers and importers of the above-mentioned products and containers/packaging must, by March 31 of each year, calculate the payable contribution to the Fund based on the production and import volumes of products and containers/packaging that were put onto the market during the previous year, and submit a declaration form to the Fund. Producers and importers are also required to disclose information on products and containers/packaging they produced or imported (i.e., ingredients of raw materials, fuels, and components; guidelines on classification, collection, reuse, recycling, and treatment of such products and containers/packaging; and risk warnings for recycling, reuse, and treatment thereof).