Issuance of the list of waste permitted for import as production materials from 01/6/2023 in Vietnam

Issuance of the list of waste permitted for import as production materials from 01/6/2023 in Vietnam

On 22/5/2023, the Prime Minister promulgated the Decision 13/2023/QD-TTg on the list of waste permitted for import as production materials.

The list of waste permitted for import as production materials

- Waste of iron, steel and cast iron

+ Waste and scrap of cast iron (HS Code: 7204.10.00)

+ Waste and scrap of alloy steel: of stainless steel (HS Code: 7204.21.00)

+ Waste and scrap of alloy steel: other (HS Code: 7204.29.00)

+ Waste and scrap of tinned iron or steel (HS Code: 7204.30.00)

+ Other waste and scrap: Turnings, shavings, chips, milling waste, sawdust, filings, trimmings and stampings, whether or not in bundles (HS Code: 7204.41.00)

+ Waste and scrap: other types (HS Code: 7204.49.00)

- Waste and scrap of plastics:

+ From polymers of ethylene (PE): of non-rigid cellular products (HS Code: 3915.10.10)

+ From polymers of ethylene (PE): other (HS Code: 3915.10.90)

+ From polymers of styrene: other types: Polystyrene (PS), Acrylonitrile Butadiene Styrene (ABS); High Impact Polystyrene (HIPS); Expanded Polystyrene (EPS) (HS Code: 3915.20.90)

- Waste of paper

+ Unbleached kraft paper or paperboard or corrugated paper or paperboard (HS Code: 4707.10.00)

+ Other paper or paperboard made mainly of bleached chemical pulp, not coloured in the mass (HS Code: 4707.20.00)

+ Paper or paperboard made mainly of mechanical pulp (for example, newspapers, journals and similar printed matter) (HS Code: 4707.30.00)

- Waste of glass

+ Cullet and other waste and scrap of glass, except for cathode ray tube glass (CRT glass) or other active glass of heading 85.49 (HS Code: 70010000)

- Waste of non-ferrous metal

+ Copper waste and scrap (HS Code: 7404.00.00)

+ Nickel waste and scrap (HS Code: 7503.00.00)

+ Aluminium waste and scrap (HS Code: 7602.00.00)

+ Zinc waste and scrap (HS Code: 7902.00.00)

+ Tin waste and scrap (HS Code: 8002.00.00)

+ Manganese waste and scrap (HS Code: 8111.00.10)

What documents are included in the application for import of waste used as raw materials for production in Vietnam?

Pursuant to Clause 8 Article 45 of the Decree 08/2022/NĐ-CP stipulating the application for import of scrap used as raw materials for production in Vietnam as follows:

Requirements for environmental protection and responsibilities of organizations and individuals importing scrap from abroad as raw materials for production

...

8. The importer of scrap used as raw materials for production shall declare and submit an e-dossier on imported scrap to follow customs procedures in compliance with regulations of law on customs. Apart from the documents prescribed by regulations of law on customs, the dossier on imported scrap shall have the following documents:

a) A certificate of quality of the exporting country (if any); certificate of origin (if any); photos or description of scrap;

b) A confirmation of payment of deposit on imported scrap (a scan from the original bearing e-signature of the importer);

c) A certificate of inspection of quality of imported scrap shipment;

d) A commitment to re-export or dispose of scrap in a case where the imported scrap fails to meet environmental protection requirements according to the form specified in the Appendix XXI enclosed herewith.

9. Every import or user of scrap used as raw materials for production shall:

a) Import scrap with permitted type and quantity specified in the environmental license or component environmental license specified in clause 4 of this Article;

b) Use all of imported scrap usable as raw materials for production to manufacture products and goods as prescribed in this Decree;

c) Identify and classify waste generated during the process of using imported scrap to propose an appropriate waste treatment plan;

d) Take legal responsibility for import and use of imported scrap used as raw materials for production; cooperate with industry associations in conducting environmental protection activities as prescribed; pay all costs incurred in connection with treatment of imported scrap involved in violations.

10. MONRE shall provide technical guidance on assessment of conformity, and certification and accreditation of bodies carrying out assessment of conformity of environmental technical regulations and inspection of quality of imported scrap used as raw materials for production as specified in this Article.

As regulations above, the application for import of scrap used as raw materials for production in Vietnam includes:

- Submit an e-dossier on imported scrap to follow customs procedures.

In addition, the following documents are also required:

- A certificate of quality of the exporting country (if any); certificate of origin (if any); photos or description of scrap;

- A confirmation of payment of deposit on imported scrap (a scan from the original bearing e-signature of the importer);

- A certificate of inspection of quality of imported scrap shipment;

- A commitment to re-export or dispose of scrap in a case where the imported scrap fails to meet environmental protection requirements.

What are requirements for entities importing waste from foreign countries as production materials for their manufacturing establishments in Vietnam?

Pursuant to Clause 2 Article 71 of the Law on Environmental Protection in 2020 stipulating requirements for entities importing waste from foreign countries as production materials for their manufacturing establishments in Vietnam as follows:

Entities are only permitted to import scrap from foreign countries as production materials for their manufacturing establishments and must:

- have manufacturing establishments with technologies and equipment serving scrap recycling and reuse, warehouses and sites exclusively reserved for aggregation of scrap which satisfy environmental protection requirements; prepare a scheme to deal with impurities in the imported scrap;

- have environmental licenses;

- pay deposits on environmental protection as prescribed in Article 137 of this Law before scrap is unloaded in the case where it is imported through sea border checkpoint or before scrap is imported into Vietnam in other cases;

- have a written commitment to re-export or treatment of scrap if the scrap is imported without satisfying environmental protection requirements.

Best regards!