Rules made for waste imports

Enterprises are required to conform to certain conditions regarding waste import and the materials allowed to be imported, in order to obtain permission to import plastic waste as production material.

Discarded materials are known as the products or materials separated from the process of production or consumption, which are then recycled for use as raw materials for production.

Enterprises may independently and directly conduct the import of waste material or authorise a third party to undertake it through an import entrustment contract.

Enterprises directly utilising imported waste as production material must fulfil the following statutory conditions and hold a certificate:

" Having production facilities;

" Using imported waste to manufacture products at their production facilities;

" Having warehouses (with ownership, co-ownership, or lease contract) reserved for collecting waste in order to ensure environment protection;

" Having technology and equipment to turn imported waste into raw materials used in production;

" Having plans and solutions for handling imported waste materials to meet environment protection requirements; ensuring that all waste resulting from production processes are treated in compliance with environment and technical regulations;

" Abiding by environment protection regulations.

In addition, the following conditions apply to the authorised enterprises:

" They need to possess an import entrustment contract signed with a trader who has been granted a certificate.

" The contents of such an entrustment contract must include the following:

Types of imported waste and their components specified in accordance with the issued certificate;

The imported waste must be on the list of wastes permitted to be imported as materials for production;

The imported scraps must satisfy the national technical regulation on environment applying to imported plastic waste, QCVN 32:2010/BTNMT, promulgated by the natural resources and environment ministry.

" The following contents must be clearly stated in a waste import contract:

Source and components of the imported plastic waste in conformity with the entrustment contract;

Commitment to re-export in the event where the imported waste, although have been shipped to the border gates, fail to fulfil the prescribed requirements.

Conditions for imported waste:

" It is on the list of wastes permitted to be imported as materials for production;

" It has been cleaned in order to eliminate waste substances, materials, items and goods prohibited from import as provided for by Vietnamese law and international treaties to which Viet Nam is a signatory;

" It has been selected and classified separately under the HS code, name and description of waste, and quality requirement in conformity with provisions of law;

" It satisfies the national technical regulation on environment applying to imported plastic waste, QCVN 32:2010/BTNMT, promulgated by the natural resources and environment ministry;

" Recently produced waste (which is yet to be included in the list of wastes permitted to be imported) can still be imported if considered and approved by the natural resources and environment ministry.

Plastic waste that can be imported consist of the following:

" Waste, parings and scraps of polyethylene (PE) plastics: Spongy, unsolid.

" Waste, parings and scraps of polyethylene (PE) plastics: Other.

" Waste, parings and scraps of polystyrene (PS) plastics: Spongy, unsolid.

" Waste, parings and scraps of polystyrene (PS) plastics: Other.

" Waste, parings and scraps of polyvinyl chloride (PVC) plastics: Spongy, unsolid.

" Waste, parings and scraps of polyvinyl chloride (PVC) plastics: Other.

" Waste, parings and scraps of other plastics.

(Source: PFL – Law firm)