In order to be allowed to import plastic scrap as production materials, enterprises should meet the conditions for being allowed to import, and conditions on scrap that can be imported.
Scrap is a product or material discarded from the production or consumption process that is collected to be used as raw materials for production.
Organizations and individuals may only import scrap from abroad as raw production materials for their investment projects or production facilities, and must satisfy the necessary conditions for environmental protection [1].
I. Some specific requirements and conditions on environmental protection are specified as follows
1. Having technologies and equipment for recycling or reusing scrap meets environmental protection requirements as prescribed
2. Having technologies and equipment for treating impurities accompanying scrap meeting environmental technical regulations. If there is no technology or equipment for treating the accompanying impurities, these shall be transferred to a licensed unit for treatment
3. Conditions on warehouse or storage yard for imported scrap
- Warehouse for imported scrap:
- Having a separate rainwater collection system; a system for collecting and treating types of wastewater generated during the storage meeting technical regulations on the environment as prescribed;
- Having a foundation which is high enough to avoid flooding; design the floor in the storage area to prevent or avoid rainwater from overflowing from outside; build the floor which ensures tightness, is waterproof and durable enough to tolerate the maximum amount of scrap as properly calculated;
- Having walls and partitions made of fire-resistant materials; build sunproof and rainproof roofs for the entire area of storage which is made of fire-resistant materials; propose any measure or design to restrict wind from getting inside.
- Storage yard for imported scrap:
- Having a system for collecting and treating overflowing the storage yard of imported scrap and types of wastewater generated during the storage of scrap meeting environmental technical regulations as prescribed;
- Having a foundation that is high enough to avoid flooding; build the floor which ensures tightness, is waterproof and durable enough to tolerate the maximum amount of scrap as properly calculated;
- Take measures to minimize dust generated from the storage yard of scrap.
4. Obtaining an environmental license which covers the use of scrap imported as raw materials for production or component environmental license (which is the certificate of eligibility for environmental protection during import of scrap as raw materials for production[2])
An exception for the case can be found in Article 168,[3] as well as regarding import of scrap generated from activities of non-tariff zones, export-processing zones and export processing enterprises.
5. Environmental protection deposits stated in Article 46 of Decree 08/2022/ND-CP
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 the production establishment using imported scrap is located or at the production establishment using the imported scrap
7. Assessing conformity with environmental technical regulations for imported scrap as raw production materials
8. Organizations and individuals importing scrap from abroad for use as raw production materials shall declare information, submit electronic dossiers and documents and carry out import procedures in accordance with the laws on customs
9. Organizations and individuals that import and use imported scrap as raw production materials are responsible
(i) Import scrap with the permitted type and quantity specified in the environmental license or component environmental license;
(ii) Use all the imported scrap usable as raw materials for production to manufacture products and goods as prescribed in Decree 08/2022/NĐ-CP;
(iii) Identify and classify waste generated during the process of using imported scrap to propose an appropriate waste treatment plan;
(iv) Take legal responsibility for import and use of imported scrap used as raw materials for production; cooperate with industry associations in conducting environmental protection activities as prescribed; pay all costs incurred in connection with treatment of imported scrap involved in violations.
II. Conditions for imported scrap (according to Article 71 of Decree 08/2022/ND-CP)
Scrap imported from abroad into Vietnam must meet environmental technical regulations (QCVN 32:2018/BTNMT) and on the list of scrap permitted to be imported from abroad as production materials promulgated by the Prime Minister.
Plastic scraps that are allowed to be imported include (according to Decision 28/2020/QD-TTg):
- Waste, parings and scrap of plastics of polymers of ethylene (PE): of non-rigid cellular products
- Waste, parings and scrap of plastics of polymers of ethylene (PE): Other.
- Waste, parings and scrap of plastics of polymers of styrene (PS): Other.
- Waste, parings and scrap of plastics of polymers of vinyl chloride (PVC): Other.
Waste, parings and scrap of other plastics: Polyethylene Terephthalate (PET); Polypropylene (PP); Polycarbonate (PC); Polyamide (PA); Acrylonitrile Butadiene Styrene (ABS); High Impact Polystyrene (HIPS); Polyoxymethylene (POM); Poly Methyl Methacrylate (PMMA); Expanded Polystyrene (EPS); Thermoplastic Polyurethanes (TPU); Ethylene Vinyl Acetate (EVA); Refuse of silicon plastics, not used.
[1] according to Article 71 of the Law on Environmental Protection and by Article 45 of Decree 08/2022/ND-CP
[2] Point d clause 2 Article 42 of the Law on Environment Protection
[3] Clause 18 of Article 168 of Decree 08/2022/ND-CP
