Vietnam has issued a new decree that sets out its new regulations on paper, plastics and metals imports.
Decree No. 08/2022/ND-CP sets out both the responsibilities of importing companies, but also those exporting to there also.
The decree is valid from the date of signing, which was 10 January 2022.
For those exporting, the emphasis is on the importing company to provide evidence and pay the required deposit.
However, exporters will need to provide the importing company with evidence of the quality of the material. This will be presented to Vietnamese Customs Authorities at the port including assessment of conformity with Vietnam’s environmental technical regulations for imported scrap by a recognised foreign assessment organisation and the certificate of assessment, photo of the materials or a description.
Those companies importing paper, cardboard or scrap plastics will need to pay a deposit and a written confirmation that they will return any material that does not meet specification back to its origin destination.
For an import volume of less than 100 tonnes, a deposit of 15% of the total value of the shipments must be made, for 100 tonnes to less then 500 tonnes a deposit of 18% must be provided and above 500 tonnes it is 20%. This must be provided to the Vietnam Environmental Protection Fund, provincial environmental protection funds or a credit institution.
For scrap iron and steel, the deposit is 10% for less than 500 tonnes, 15% for 500 to less than 1,000 tonnes and 20% for 1,000 tonnes or more.
The full regulations related to paper, plastics and metal imports in this decree are:
Article 45. Requirements on environmental protection and responsibilities of organizations and individuals importing scrap from abroad as raw production materials
Organizations and individuals may only import scrap from abroad as raw production materials for their investment projects or production facilities and must satisfy the requirements for environmental protection specified in Clause 2, Article 71. Law on Environmental Protection . Some specific requirements and conditions for environmental protection are specified as follows:
1 . Having a production facility with technology and equipment for recycling and reusing scrap that meets environmental protection requirements as prescribed.
2 . Having technology and equipment to handle impurities accompanying imported scrap meeting environmental technical regulations. In case there is no technology or equipment to deal with impurities, it must be transferred to a unit with appropriate functions for handling.
3 . Conditions for warehouse or storage yard for imported scrap:
a ) Warehouse for storing imported scrap:
Having its own rainwater collection system; have a system to collect and treat all kinds of wastewater generated during the storage of scraps to ensure that they meet environmental technical regulations on wastewater as prescribed;
Having a high ground level to ensure that there is no flooding; the floor surface in the scrap storage area is designed to prevent rainwater from overflowing from the outside; the floor is sealed, waterproof, can withstand the load of the highest amount of scrap according to the calculation;
Having walls and partitions made of non-combustible materials; there is a roof to cover the sun and rain for the entire waste storage area made of non-combustible materials; take measures or designs to limit the direct entry of wind into the interior;
b ) Imported scrap storage yard:
Having a system to collect and treat rainwater that overflows through the imported scrap yard and other types of wastewater generated in the process of storing scrap, ensuring that it meets environmental technical regulations on wastewater as prescribed;
Having a high ground level to ensure that there is no flooding; the floor is sealed, waterproof, can withstand the load of the highest amount of scrap according to the calculation;
There are measures to minimize dust generated from the scrap storage yard.
4 . Having an environmental permit, which contains the content of using imported scrap as raw production materials, or the component environmental permit, which is a certificate of eligibility for environmental protection in the import of scrap as raw production materials. Exported according to the provisions of Point d, Clause 2, Article 42 of the Law on Environmental Protection, except for the case specified in Clause 18, Article 168 of this Decree and the case of import of scrap arising from the operation of a non-tariff zone or processing zone. export, export processing enterprises.
5 . Deposit for environmental protection as prescribed in Article 46 of this Decree.
6 . Organizations and individuals importing scrap may choose to carry out customs procedures at the customs office managing the import border gate or the customs office where the production facility using imported scrap is located; may choose a location for quality inspection of imported scrap at the border gate of importation or at the customs office where there is a production establishment using imported scrap or at a production establishment using imported scrap. Imported scrap is only allowed to be unloaded at the port when it meets the following requirements:
a ) Organizations and individuals receiving goods on the Manifest of Goods (E-Manifest) have an environmental permit or an environmental permit for the components specified in Clause 4 of this Article which is still valid and has a remaining volume of imported scrap. ;
b ) The organization or individual receiving goods on the E-Manifest has a written certification of having deposited the imported scrap as security for the scrap stated on the E-Manifest according to the provisions at Point b, Clause 3, Article 46 of this Decree.
The customs authority is responsible for checking the information specified at Points a and b of this Clause before allowing scrap to be unloaded at the port.
7 . Assessment of conformity with environmental technical regulations for imported scrap as raw production materials
a ) Organizations assessing the conformity with environmental technical regulations for imported scrap for use as raw production materials include: Appointed assessment organizations according to the provisions of law; recognized foreign assessment organizations according to the provisions of law;
b ) An environmental technical regulation conformity assessment organization may provide services in the Vietnamese territory after satisfying the conditions prescribed by law on product and goods quality and regulations of the State. The Government on business conditions assesses the conformity and the provisions of the law on specialized inspection.
8 . Organizations and individuals importing scrap from abroad as raw production materials shall declare information, submit electronic documents and carry out import procedures in accordance with the law on customs. In addition to the documents prescribed by law on customs, the import scrap dossier must contain the following documents:
a ) Quality certificate of the exporting country (if any); certificate of origin (if any); scrap photo or description;
b ) A written confirmation of the security deposit for imported scrap (scanned from the original with authentication of the electronic signature of the importing organization or individual);
c ) Certificate of quality assessment of imported scrap shipments;
d ) A written commitment on the re-export or treatment of scrap in case the imported scrap fails to meet the requirements for environmental protection, made according to the form specified in Appendix XXI issued with this Decree.
9 . Organizations and individuals that import and use imported scrap as raw production materials have the following responsibilities:
a ) Importing the right type and volume of scrap permitted for import specified in the environmental permit or the environmental permit with the components specified in Clause 4 of this Article;
b ) Using all imported scrap as raw production materials to produce products and goods as prescribed in this Decree;
c ) Identifying and classifying waste generated from the process of using imported scrap in order to have a suitable waste treatment plan;
d ) To take responsibility before law for the import and use of imported scrap as raw production materials; coordinate with professional associations in carrying out environmental protection work according to regulations; pay all costs of handling imported scrap in violation.
1. The Ministry of Natural Resources and Environment provides technical guidance on conformity assessment and certifies and acknowledges organizations that assess conformity with environmental technical regulations, and assesses the quality of imported scrap as raw production materials. out the provisions of this Article.
Article 46. Environmental protection deposit in the import of scrap from abroad as raw production materials
1 . Purpose and method of deposit for environmental protection in importing scrap from abroad as raw production materials:
a ) Deposit for environmental protection in the import of scrap from abroad as raw production materials to ensure that organizations and individuals importing scrap are responsible for handling risks and risks of environmental pollution that may arise. generated from a shipment of imported scrap;
b ) Organizations and individuals importing scrap shall deposit at the Vietnam Environmental Protection Fund or the provincial environmental protection fund or the credit institution where the organization or individual opens a trading account (below: referred to as deposit receiving organization). The deposit is made according to each shipment or each contract with information and value of the imported scrap shipment;
c ) The deposit shall be paid and refunded in Vietnam Dong and enjoy the agreed interest rate in accordance with the law.
2 . The deposit for environmental protection in the import of scrap from abroad as raw production materials:
a ) Organizations and individuals importing scrap iron and steel must make an environmental protection deposit in the import of scrap from abroad as raw production materials with the amount specified as follows:
Import volume of less than 500 tons must make a deposit of 10% of the total value of imported scrap shipments;
Import volume from 500 tons to less than 1,000 tons must pay a deposit of 15% of the total value of imported scrap shipments;
Import volume of 1,000 tons or more must make a deposit of 20% of the total value of imported scrap shipments;
b ) Organizations and individuals importing scrap paper and scrap plastic must make an environmental protection deposit in importing scrap from abroad as raw production materials with the amount specified as follows:
Import volume of less than 100 tons must make a deposit of 15% of the total value of imported scrap shipments;
Import volume from 100 tons to less than 500 tons must make a deposit of 18% of the total value of imported scrap shipments;
Import volume of 500 tons or more must make a deposit of 20% of the total value of imported scrap shipments;
c ) Organizations and individuals importing scrap other than those specified at Points a and b of this Clause shall make an environmental protection deposit in the import of scrap from abroad for use as raw production materials with the specified amount. 10% of the total value of imported scrap shipments.
3 . The process of depositing for environmental protection in importing scrap from abroad as raw production materials:
a ) Organizations and individuals importing scrap must make an escrow deposit before the scrap is unloaded at the port, in the case of import through a sea border gate, or into the Vietnamese territory, in other cases;
b ) Immediately after receiving the deposit, the escrow-receiving organization shall certify the deposit of the scrap-importing organization or individual in the written request for deposit of the organization or individual. Contents of deposit confirmation must fully show the following information: blockade account name; the total amount of the deposit calculated according to the provisions of this Decree; the time limit for refund of the deposit shall be made immediately after the goods are cleared; account blockade period (if any);
c ) The organization receiving the deposit shall send 02 originals to the organization or individual importing scrap of the written certification of having deposited the security deposit for imported scrap. Organizations and individuals importing scrap shall send 01 original of the written certification of deposit payment to the customs office where customs clearance procedures are carried out.
4 . Management and use of the environmental protection deposit in the import of scrap from abroad as raw production materials:
a ) The organization receiving the deposit where the organization or individual importing scrap makes an environmental protection deposit in the import of scrap from abroad as raw production materials is responsible for freezing the deposit according to regulations. under the law;
b ) The organization receiving the deposit that has received the deposit is responsible for returning the deposit amount to the organization or individual importing the scrap after receiving the written request from the organization or individual importing the scrap enclosed with it. information on the number of the import customs declaration for a shipment of imported scrap that has been cleared or information on the cancellation of the import customs declaration by the customs authority or the completion of the decision to re-export or destroy according to the provisions of the law on waste management;
c ) In case the imported scrap is not cleared for customs clearance and cannot be re-exported, the deposit shall be used to pay the cost of handling and destroying the infringing scrap. If the deposit amount for importing scrap is not enough to pay all expenses for handling and destroying the infringing imported scrap, the organization or individual that imports scrap is responsible for paying the expenses. this. Products after treatment and destruction of infringing imported scrap with value will be confiscated according to the provisions of law (excluding the part of products made from other raw materials, additives or scraps mixed according to the provisions of the law). production process of the unit designated to handle the infringing imported scrap) and cannot be accounted into the cost of handling and destroying the infringing imported scrap.
The treatment and destruction of imported scrap in violation must comply with regulations on waste management. Violating organizations and individuals are responsible for reaching an agreement with competent units to treat and destroy infringing wastes and scraps; The unit handling and destroying imported scrap in violation must be recorded in the sanctioning decision of the person competent to sanction administrative violations as prescribed by law. In case it is not possible to identify the violating organization or individual importing scrap, the handling and destruction of the violating imported scrap shall be carried out by the State according to the provisions of law;
d ) In case the deposit is left over after payment to handle the shipment of imported scrap in violation, within 05 days from the date of receiving the written opinion on the completion of the handling process. , destroy scrap of the sanctioned competent authority in accordance with the law on sanctioning of administrative violations in the field of environmental protection, the organization receiving the deposit is responsible for returning the remaining deposit. to organizations and individuals importing scrap.
