As we all know, the environment plays a very important role for the life of humans and all living things. According to Vietnam’s current regulations, the law allows organizations and individuals to import scrap for use as raw production materials but must ensure environmental protection conditions.
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Specifically, according to Clause 1 Article 56 of the Decree No. 38/2015/NĐ-CP and Clause 29 Article 3 of the Decree No. 40/2019/NĐ-CP of Vietnam’s Government, organizations and individuals directly importing discarded materials as raw material for production must meet the following conditions:
* Conditions on storage warehouse/area of imported discarded materials
Storage warehouse of imported discarded materials
- Have rainwater collection system; collection systems and treatment measures of wastewater generated in the process of storage of discarded materials meeting national technical regulation on environment.
- Have a foundation high level that is not flooded; the floor in storage area of discarded materials designed to prevent rainwater runoff from the outside; ensure tight floors with no cracks made from waterproofing materials which are durable enough to withstand the load of the highest volumes of waste as calculated.
- Have walls and partitions of incombustible materials. Be covered from rain and shine for the entire region storing incombustible discarded materials; Have measures or designs to restrict the direct inward wind.
Conditions on storage area of imported discarded materials shall be as follows
- Have rainwater collection system; treatment measures of first phase rainwater flowed over the imported discarded material area and wastewater generated in the process of storage of discarded materials meeting national technical regulation on environment.
- Have a foundation high level that is not flooded; the floors ensuring tightness with no cracks made from waterproofing materials which are durable enough to withstand the load of the highest volumes of waste as calculated.
- Have measures to minimize dust generating from storing areas of discarded materials.
* Technology, equipment of recycling, reuse of discarded materials must meet technical requirements and management process as prescribed;
* There are technologies and equipment for treatment of impurity accompanying the discarded materials meeting environmental standards. Where there is no technology and equipment for treatment of impurity, they must be transferred to the unit with appropriate functions to treat;
* Imported discarded materials must be deposited under the provisions of Decree No. 38/2015/NĐ-CP must be paid;
* There is a written commitment on the re-export or treatment of discarded materials in case the imported discarded materials do not meet the requirements of environmental protection.
* The manufacturer may only import scrap as production materials in conformity with its design capacity to produce goods. It is prohibited to import scrap for pre-processing and resale of scrap purposes only. From January 01, 2025, a facility using imported scrap used as production materials may only import scrap up to 80% of its design capacity and purchase the remaining scrap locally to use as production materials.
It is only permitted to import scrap plastic to be used as production materials of products, goods (excluding commercial recycled plastic), except for projects obtaining approvals for investment policies, investment certificates and ongoing facilities permitted to import scrap plastic to produce commercial recycled plastic until December 31, 2024.
It is only permitted to import scrap paper to be used as production materials of products, goods (excluding commercial recycled pulp).
* Conclude contracts directly with foreign providers of imported scrap used as production materials.
Moreover, Article 56 of Decree No. 38/2015/NĐ-CP of Vietnam’s Government also stipulates conditions on environmental protection in discarded material import for organizations and individuals entrusted import in Clause 2.
Nguyen Trinh
