Part 2 - EPR and Solutions: Forms of implementing Extended Producer Responsibility in Vietnam!

The form of implementation of Extended Producer Responsibility - EPR is stipulated in the Law on Environmental Protection No. 72/2020/QH14, including responsibility for recycling products, packaging, collection and waste treatment.

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

Used pesticide packaging is on the list of products that must be handled responsibly. (Photo: A Chau Environment Co., Ltd)

Manufacturers and importers choose to carry out product recycling packaging under one of 02 forms of EPR as follows:

(1) Organize recycling of products and packaging

(2) Financial contributions to the Vietnam Environmental Protection Fund to support the recycling of products and packaging.

Producers only choose 1 of these forms: Choosing a recycling method means no financial contribution will be made; Choosing to make a financial contribution will not organise recycling.

In the case of 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 contribute financially to the Vietnam Environmental Protection Fund to support recycling.

(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 18, 2024)

Approaches for producers to choose forms of organisation to recycle products and packaging.

Packaging, tyres, lubricants, batteries, and batteries will take effect to implement the responsibility of expanding manufacturers and importers from January 1, 2024. (Photo: A Chau Environment)

In case the Producer choose to organise the recycling of products and packaging, they can choose to do so in the following paths:

(1) Carry out recycling.

(2) Hire a Unit to carry out recycling;

(3) Authorize an intermediary organisation to organise recycling;

(4) Combine all 3 methods.

a) Do the recycling or hire a Unit to do the recycling

If a producer wants to recycle themselves or hire a unit to implement, they must meet the environmental protection requirements under regulations. Provisions of Law such as:

+ Must have appropriate recycling technology and equipment to meet mandatory recycling specifications;

+ Comply with the provisions of environmental protection laws such as having works and measures to protect the environment; having an environmental permit;

+ Comply with regulations on waste monitoring and treatment.

b) Full authorisation for intermediary organisations to manage recycling

If a producer chooses to authorise an intermediary organisation to contain recycling fully, the authorised party must ensure:

(1) Has legal status and is established under the provisions of Law;

(2) Do not directly recycle and have no ownership relationship with any recycling unit related to the authorised scope;

(3) At least 03 producers agree to authorise the recycling organisation. The authorised party registers the plan and reports annual recycling results on behalf of the authorised manufacturer and importer.

Legal documents:

• 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;
• Pursuant to Decree No 08/2022/NĐCP dated January 10, 2022, detailing a number of articles of the Law on Environmental Protection;
• Pursuant to Circular No 02/2022/TTBTNMT dated January 10, 2022, the Circular detailing a number of articles of the Law on Environmental Protection;

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 – 033 835 1122 or leave a request at www.moitruongachau.com.

Nguồn: Môi Trường Á Châu