Written By PLF Law Firm

In order to obtain permission to import plastic refuse as production material, enterprises are required to conform to certain conditions on waste import and the materials allowed to be imported.”

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

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

Enterprises directly utilizing imported refuse as production materials must fulfill the following statutory conditions and hold a Certificate:

  • Having production facilities;
  • Using imported wastes as materials to produce products at their production facilities;
  • Having warehousing (with ownership, co-ownership, or leasing contract) reserved for refuse gathering in order to ensure the conditions on environmental protection;
  • Having the technology and equipment to recycle imported wastes into raw materials used in production;
  • Having plans and solutions on how to handle imported discarded materials to meet environmental protection requirements; ensuring that all wastes resulted from production processes are treated in compliance with environmental technical regulations;
  • Having abided by regulations on environmental protection.

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

  • Being in possession of an import entrustment contract signed with a trader that was granted a Certificate.
  • The contents of such entrustment contract must include the following:
  • Types of the imported wastes and their components specified in accordance with the issued Certificate;
  • The imported refuse 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 Ministry of Natural Resources and Environment.
  • The following contents must be clearly stated in a waste import contract:
  • Source and components of the imported plastic refuse in conformity with the entrustment contract;
  • Commitment to re-export in the event where the imported wastes, although have been shipped to the border gates, fail to fulfill the prescribed requirements.

Conditions for imported refuse:

  • Being on the List of wastes permitted to be imported as materials for production;
  • Having been cleaned in order to eliminate the waste substances, materials, items, and goods prohibited from import as provided for by Vietnamese law and international treaties to which Vietnam is a signatory;
  • Having been selected and classified separately under the HS code, name and description of wastes, and quality requirement in conformity with provisions of law;
  • Satisfying the National Technical Regulation on environment applying to imported plastic waste QCVN 32:2010/BTNMT promulgated by the Ministry of Natural Resources and Environment;
  • Recently arising scraps (which have yet to be included in the List of wastes permitted to be imported) can still be imported if considered and approved by the Ministry of Natural Resources and Environment.

Plastic refuse eligible to be imported consist of the following:

  • Wastes, parings and scraps of polyethylene (PE) plastics: Spongy, unsolid.
  • Wastes, parings and scraps of polyethylene (PE) plastics: Other.
  • Wastes, parings and scraps of polystyrene (PS) plastics: Spongy, unsolid.
  • Wastes, parings and scraps of polystyrene (PS) plastics: Other.
  • Wastes, parings and scraps of polyvinyl chloride (PVC) plastics: Spongy, unsolid.
  • Wastes, parings and scraps of polyvinyl chloride (PVC) plastics: Other. 
  • Wastes, parings and scraps of other plastics.

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