Part 07 - EPR: Q&A is addressed by The EPR National Assembly regarding policy

Friday, 28/06/2024, 09:54 GMT+7

This article belongs to a series of articles sharing current legal regulations in implementing Extended Producer Responsibility - EPR as well as solutions under regulations in Vietnam, effective from January 1, 2024.

Q&A about the EPR policy for Producers, cited by A Chau Environment from the National EPR information portal

1. Which products and packaging are responsible for recycling?

Under Article 77 and Appendix XXII of Decree No. 08/2022/ND-CP detailing a number of articles of the Law on Environmental Protection (hereinafter referred to as Decree No. 08/2022/ND-CP), producers import packaging products which must carry out recycling duties:

EPR Roadmap in Viet Nam for producers to carry out their responsibility to recycle packaging products. (Photo: A Chau Environment) Roadmap for producers to carry out their responsibility to recycle packaging products. (Photo: A Chau Environment)

(1) 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 electrical and electronic devices);

(2) Lubricants for engines;

(3) tyres and tubes of all kinds;

(4) Electricity - electronics: including refrigerators, freezers, automatic equipment providing frozen products, vending machines; air conditioners; tablets, laptops; television and computer monitors, other types of screens; compact light bulbs; fluorescent light bulbs; electric stove, induction stove, infrared stove, oven, microwave; washing machine, dryer; cameras (including flash), camcorders; audio equipment (speakers, amplifiers); desktop; printers, photocopiers; mobile phone; solar panels;

(5) Vehicles: including two-wheeled motorbikes and three-wheeled motorbikes; Motorcycles, including electric motorbikes and electric bicycles; Cars (up to 09 seats); Vans (over 09 seats); trucks; self-propelled construction vehicles and machines of all kinds;

(6) Packaging (product packaging includes direct and outer packaging) of products: food by the provisions of Law on food safety; cosmetics according to the provisions of Law on cosmetic production conditions; medicines according to the provisions of Pharmacy Law; fertilisers, animal feed, veterinary drugs according to the provisions of Law on Fertilizers, animal feed, and veterinary medicines; detergents and preparations used in household, agricultural and medical fields; cement.

(Source: According to the National EPR Electronic Information Portal, "Summary of answers to frequently asked questions about Extended Producer Responsibilities", see link: https://epr.monre.gov.vn/vi/bai-viet/qa-ve-trach-nhiem-tai-che-xu-ly-chat-thai-cua-nha-san-xuat-nhap-khau/, accessed June 28, 2024)

2. When do manufacturers and importers of packaging products have to recycle?

According to Clause 4, Article 77 of Decree No. 08/2022/ND-CP, manufacturers and importers of products and packaging are responsible for recycling products and packaging according to the following roadmap:

(1) Batteries and rechargeable batteries: implemented from January 1, 2024;

(2) Lubricants: implemented from January 1, 2024;

(3) Tyres and tubes: implemented from January 1, 2024;

(4) Packaging: implemented from January 1, 2024;

(5) Electricity - electronics: implemented from January 1, 2025;

(6) Vehicles: implemented from January 1, 2027;

(Source: According to the National EPR Electronic Information Portal, "Summary of answers to frequently asked questions about extended responsibilities of manufacturers and importers", see link: https://epr.monre.gov.vn/vi/bai-viet/qa-ve-trach-nhiem-tai-che-xu-ly-chat-thai-cua-nha-san-xuat-nhap-khau/, accessed June 28, 2024)

3. How is a donation to the Vietnam Environmental Protection Fund determined?

According to the provisions of Article 81 of Decree No. 08/2022/ND-CP, manufacturers and importers who choose the form of a financial donation to the Vietnam Environmental Protection Fund to support recycling shall make financial donations to support recycling. Support recycling of each type of packaging product according to the formula:

F = R x V x Fs

• F is the total amount of money that producers must pay to the Vietnam Environmental Protection Fund for each type of packaging product (unit: VND);

• R is the required recycling rate of each type of packaging product (unit: %);

• V is the volume of products and packaging produced, marketed and imported in the year of implementation of recycling responsibility (unit: kg);

• Fs is a reasonable and valid recycling cost norm for a unit of product and packaging volume, including costs of segregation, collection, transportation, recycling of packaging products and costs. Administrative management supports the implementation of EPR. (unit: VND/kg).

4. If the producer chooses to organise packaging product recycling, how can it be done?

According to Clause 2, Article 79 of Decree No. 08/2022/ND-CP, 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:

(1) Self-recycling;

(2) Hire unit to carry out recycling;

(3) Authorize an intermediary organisation to arrange recycling;

(4) Combine all 3 methods (1 + 2 + 3) mentioned above.

5. Which producers are subject to recycling duties?

According to Article 77 and Appendix XXII of Decree No. 08/2022/ND-CP detailing a number of articles of the Law on Environmental Protection (hereinafter referred to as Decree No. 08/2022/ND-CP), producers importing the following packaging products must carry out recycling duties:

(2) Lubricants for engines.

(3) Tyres and tubes of all kinds.

(4) Electricity - electronics: including refrigerators, freezers, automatic equipment providing frozen products, vending machines; Fixed and mobile air conditioners; tablets, laptops; television and computer monitors, other types of screens; compact light bulbs; fluorescent light bulbs; electric stove, induction stove, infrared stove, oven, microwave; washing machine, dryer; cameras (including flash), camcorders; audio equipment (speakers, amplifiers); desktop; printers, photocopiers; mobile phone; solar panels.

(5) Vehicles: including two-wheeled motorbikes and three-wheeled motorbikes; Motorcycles, including electric motorbikes and electric bicycles; Cars (up to 09 seats); Vans (over 09 seats); Trucks; Self-propelled vehicles and construction machines of all kinds.

(6) Packaging (product packaging includes direct and outer packaging) of products: food according to the provisions of Law on food safety; cosmetics according to the provisions of Law on cosmetic production conditions; medicines according to the provisions of Pharmacy Law; fertilisers, animal feed, veterinary drugs according to the provisions of Law on fertilisers, animal feed, and veterinary pills; detergents and preparations used in household, agricultural and medical fields; cement.

6. In what cases are recycling duties not required?

According to Clause 3, Article 77 of Decree No. 08/2022/ND-CP, in some cases, producers of packaging products are not required to carry out recycling tasks, including:

(1) Producing packaging products for export.

(2) Temporary import and re-export of packaging products;

(3) Production and import for research, study and testing purposes (not for retail purposes);

(4) Packaging manufacturers with sales and service provision revenue of less than 30 billion VND in the previous year;

(5) Packaging importers whose total import value (calculated by customs value) of the previous year is less than 20 billion VND.

7. Which producers are responsible for collecting and treating waste?

According to Article 55 of the Law on Environmental Protection, Article 83 and Appendix XXIII of Decree No. 08/2022/ND-CP detailing a number of articles of the Law on Environmental Protection (referred to as Decree No. 08/2022/ND-CP), organisations and individuals that produce and import some of the following types of products and packaging must take responsibility for waste treatment:

(1) Pesticide packaging;

(2) Disposable batteries of all kinds;

(3) Diapers, sanitary napkins, disposable wet towels;

(4) Gum;

(5) Tobacco;

(6) Other products containing synthetic plastic ingredients include:

Trays, bowls, chopsticks, cups, cups, knives, scissors, spoons, forks, straws, stirrers, containers, disposable food wrap;
Balloons, tape, earring tips, dental floss, toothbrushes, toothpaste, shampoo, conditioner, razors (post-use);
Pants, shirts of all kinds and accessories;
Leather textile of all kinds;
Kid's toys of all kinds;
Furniture of all kinds;
Construction materials of all kinds;
Plastic bags are difficult to biodegrade (size less than 50 cm x 50 cm and film thickness less than 50 µm)..

View more: https://epr.monre.gov.vn/vi/bai-viet/qa-ve-trach-nhiem-tai-che-xu-ly-chat-thai-cua-nha-san-xuat-nhap-khau/

This article belongs to a series of articles that share current legal regulations for implementing the responsibilities of manufacturers and importers - EPR. If Clients need in-depth advice, please get in touch with our official channels via hotline 1900 545450 - 033 835 1122 or leave a request at www.moitruongachau.com.

Source: A Chau Environment