[Legal Consulting] Are international scrap imports required to have an environmental permit?

[Legal Consulting]

Question: The company plans to import containers of paper scrap from Europe to pack agricultural products, in this case, does it have to apply for an environmental permit?

In response to your question, A Chau Environment supports - consults as a pleasure:

Pursuant to Clause 2, Article 71 of the Law on Environmental Protection No. 72/2020/QH14 dated November 17, 2020, organizations and individuals may only import scrap from abroad as production materials for their production facilities that must require environmental protection: 

a) Having production facilities with technology and equipment for recycling and reuse, warehouses and yards dedicated to scrap collection meeting requirements on environmental protection; have a plan to deal with the accompanying impurities suitable for imported scrap;

b) Having an environmental permit

c) An environmental protection deposit as prescribed in Article 137 of this Law before the time when the scrap is unloaded at the port, in the case of import through a sea border gate, or before the time of import into Vietnam, for the following cases: other cases;

d) There is a written commitment to the re-export or treatment of the scrap in case the imported scrap does not meet the requirements for environmental protection.

For this reason, Article 71 stipulates that scrap imported from abroad into Vietnam must meet environmental technical regulations and be on the List of scrap permitted to be imported from abroad for use as production materials approved by the Prime Minister.

Hence, based on regulations, to import scrap as raw production materials, your company must have an environmental license and fully meet the conditions as prescribed.

Legal basis and implementation details

Pursuant to the Law on Environmental Protection No. 72/2020/QH14 dated November 17, 2020, of the National Assembly of the Socialist Republic of Vietnam

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Source: A Chau Environment