Part 3 - EPR: Pesticide and Medicine Packaging Manufacturers have to handle in Vietnam

Decree 08/2022/ND-CP establishes restrictions for product lists, packaging, and contribution levels to promote waste treatment. This order requires producers (manufacturers and importers) to declare and make financial payments to the Vietnam Environmental Protection Fund for each kind of product and packaging. 

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

Pesticide packaging must conform to EPR requirements. (Photo: A Chau Environment)

Subjects of application of EPR regulations for pesticide packaging

Businesses that bring pesticide-containing products and packaging to the Vietnamese market must make financial payments to the Vietnam Environmental Protection Fund for waste treatment initiatives, with the exception of the following cases: 

a) Manufacturers and importers of items and packaging for export, temporary import for re-export, manufacture, or import for research, study, or testing reasons; 

b) Manufacturers had sales and service incomes of less than 30 Billion VND in the preceding year. 

c) Importers whose total import value (determined using customs value) for the preceding year is less than 20 Billion VND. 

Financial donation level for pesticide packaging

The Vietnam Environmental Protection Fund's financial contribution to waste treatment operations is adjusted every five years to increase in line with environmental standards. 

The Prime Minister resolved to adapt and implement higher budgetary contributions, as requested by the Ministry of Natural Resources and Environment (MONRE). Administrative management expenditures support the administration, oversight, and implementation of waste collection and treatment duties for manufacturers and importers. 

Period for carrying out processing duties under EPR Policy

Beginning January 1, 2022, manufacturers and importers will pay financial contributions to the Vietnam Environmental Protection Fund to fund waste treatment initiatives. 

Producers self-declare and submit a financial contribution declaration to the Vietnam Environmental Protection Fund by March 31 of each year, in accordance with MONRE's instruction form. The declaration of financial contributions is calculated using the previous year's amount of product and packaging production, marketing, and imports. The manufacturer, importer, or authorised party is legally responsible for the accuracy of the information included in the declaration; 

Every year before April 20, producers and importers submit a one-time cash contribution to the Vietnam Environmental Protection Fund to assist in recycling, or they can pay in two instalments, with the first payment being the maximum. At least 50% of the entire price before April 20, and the second payment of the remaining amount before October 20 of the same year. 

If the claimed volume of items and packaging is less than the actual amount produced, sold, and imported, the difference must be paid in the following year. If the amount of items and packaging stated exceeds the amount actually produced, brought to market, or imported, the difference will be deducted the next year. 

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/NĐ-CP dated January 10, 2022, detailing a number of articles of the Law on Environmental Protection;
• Pursuant to Circular No 02/2022/TT-BTNMT ngày 10/01/2022, the Circular detailing a number of articles of the Law on Environmental Protection;

Solutions for pesticide packaging collection, transportation, and treatment. 

Model of a barrel/tank for storing pesticide packages (Photo: A Chau Environment Co., Ltd)

A Chau Environment solution includes surveys, overview evaluation consultations, and locally tailored specific solutions aimed at the criterion of "right regulation, practical fit, overall and cost-saving time," as well as assisting farmers in protecting the health and the environment in agricultural production activities. 

Implementation details:

1. A Chau Environment collects data and performs field surveys to analyse the current status. 

2. Create guidance solutions as they occur, instructions for gathering, instructions for storage, design for building of storage tanks, and convenient waste collection addresses on key paths with few people living; collection, transportation, and treatment; Collaborate with locals to organise communication and training activities; 

3. The waste from pesticide packaging is collected using appropriate methods and equipped with tools and GPS navigation systems. It is transferred to a unit for treatment using modern incinerators, strictly controlling temperature and emissions to meet Vietnamese Standards. 

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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.