Activate taking responsibility for recycling.

From January 1, 2024, industries making and importing batteries and accumulators will choke many times; lubricants, tyres, tubes, and packaging must carry out product and do EPR (Extended Producer Responsibility) under the provisions of the Law on Environmental Protection 2020.

Subjects must carry out recycling responsibilities.

According to the Law on Environmental Protection 2020 and Decree No. 08/2022/ND-CP, from January 1, 2024, manufacturers and importers of the following products must do EPR, specifically: batteries (including lead batteries and other types) and rechargeable batteries (including batteries of all types used for vehicles and batteries of all types used for electronic devices); Lubricants for engines; tyres and tubes, all types of packaging (commercial packaging includes inner-outer packaging) of products.

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These types of packaging include food as food safety regulations; cosmetic production conditions; the provisions of pharmacy law; fertilisers, animal feed, the provisions of the law on fertilisers, animal feed, and veterinary medicine; detergents and preparations used in domestic, agricultural and medical fields; cement.

Also, according to regulations, in some cases, manufacturers and importers of products and packaging are not required to EPR, including manufacturing products and packaging for export; Temporary import and re-export of products and packaging; Production and import for research, study and testing purposes (not for commercial purposes); Packaging manufacturers with sales and service provision revenue of less than 30 billion VND in the previous year;

The packaging importer has a total import value (calculated by customs value) of less than 20 billion VND in the previous year.

Form of recycling.

Under the Law on Environmental Protection and Decree No. 08/2022/ND-CP, manufacturers and importers can choose one of two forms of product recycling: organise product and packaging recycling or contribute. Finance to the Vietnam Environmental Protection Fund to support the recycling of products and packaging. A production or import unit can only choose a form of recycling.

In case the manufacturer or importer chooses to organise the recycling of products and packaging, they can choose to do so in the following ways: Do the recycling themselves; Hire a recycling unit to carry out recycling; Authorize intermediary organisations to organise recycling; or combine all 3 methods mentioned above.

Also, according to regulations, when choosing a recycling organisation, the manufacturer or importer must register and report recycling results or authorise an intermediary organisation to register and report annual recycling results.

In choosing to make a financial contribution, the manufacturer or importer must declare and pay money to the Vietnam Environmental Protection Fund to support recycling within the prescribed time.

Conditions for recycling

Pursuant to Decree No. 08/2022/ND-CP, if a manufacturer or importer wants to carry out recycling themselves or hire a recycling unit to carry out recycling, the manufacturer, importer, or recycling unit hired must meet environmental protection requirements as prescribed by law.

In particular, businesses must have appropriate recycling technology and equipment to meet mandatory recycling specifications, such as having works and measures to protect the environment, having an environmental permit, and complying with regulations on monitoring and waste treatment. In addition, manufacturers and importers register plans and report annual recycling results.

In case an enterprise carries out the recycling on its own without meeting mandatory recycling specifications, Failure to comply with the provisions of the Law on Environmental Protection will be handled.

When a producer or importer wishes to appoint an intermediate company to organise recycling completely, the approved party must guarantee that it has legal standing and is created by law. It does not recycle directly and has no ownership tie with any recycling unit within the authorised area.

At least three manufacturers and importers have agreed to license the recycling group. The authorised party registers the plan and submits yearly recycling reports on behalf of the authorised manufacturer and importer.

Source: South Centre Environmental Monitoring (SCEM)