Part 4: What are the EPR duties for disposable batteries?

Manufacturers and importers are required to implement Extended Producer Responsibility - EPR regulations for disposable batteries, which extend beyond battery production and include responsibility for managing battery waste post-use. 

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.

EPR regulations for disposable batteries from manufacturers and importers. (Photo: A Chau Environment Co., Ltd)

EPR restrictions apply to disposable batteries. 

Producers of disposable battery stuff introduced into the Vietnamese market must make financial payments to the Vietnam Environmental Protection Fund to assist waste treatment initiatives, save in 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 with revenue from sales and service provision of less than 30 billion VND in the previous 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 disposable batteries

Every 05 years, the level of financial donation to the Vietnam Environmental Protection Fund for waste treatment operations is changed to rise by eco-protection regulations progressively. 

The Prime Minister decided to adjust and promulgate increased financial contributions as proposed by the Ministry of Natural Resources and Environment (MONRE). Administrative management costs serve the management, supervision, and support of implementing waste collection and treatment responsibilities for producers.

A Chau Environment's battery recovery box (waste).

Time and procedure for battery

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

Manufacturers and importers self-declare and submit a financial contribution declaration to the Vietnam Environmental Protection Fund by March 31 of each year under MONRE's instruction form. The declaration of financial contributions is based on the amount of items and packaging produced, marketed, and imported in the preceding year. 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 make a one-time donation to the Vietnam Environmental Protection Fund to assist in recycling, or they can pay in 02 instalments, the first of which is the maximum. At least half of the entire sum before April 20 and the second payment of the remaining amount by October 20 of the same year. 

If the claimed volume of packaging items is less than what is actually produced, sold, and imported, the difference must be paid the following year. If the number of items and packaging stated exceeds the amount actually manufactured and brought to market or imported, the difference will be removed the following year. 

Recycle and handle properly - a sustainable solution for used batteries (old batteries)

Treatment is one of the most necessary procedures now in use for old batteries created by organisations/individuals. The Government has outlined waste collection and treatment obligations for producers in the Law on Environmental Protection 2020, which goes into effect on January 1, 2022. 

View more: https://moitruongachau.com/vn/thu-hoi-pin-cu-pin-thai-pin-da-qua-su-dung.html

Collect - shipping - treatment procedure (batteries waste) (Photo: A Chau Environment)

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 1900 545450 – 033 835 1122 or leave a request at www.moitruongachau.com.

Source: A Chau Environment