New Government Decree on control of scrap imports
The Government issued Decree No. 40/2019/ND-CP amending and supplementing a number of articles of the decrees detailing and guiding the implementation of the Law on Environmental Protection. In particular, Decree No. 40/2019/ND-CP amends and supplements regulations on the import of scrap as raw materials for production.
Specifically, Decree No. 40/2019/ND-CP amends and supplements Article 55 of Decree No. 38/2015/ND-CP dated April 24, 2015 on scrap imported as raw materials for production from foreign countries into Vietnam and subjects importing scrap as raw materials for production.
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Conditions for imported scrap
According to new regulations, imported scrap for production materials must meet the requirements specified in Clause 1, Article 76 of the Law on Environmental Protection.
Organizations and individuals importing scrap can choose to carry out customs procedures at the customs agency managing the import gate or the customs agency where the factory or production facility using imported scrap is located (production facility); can choose the location for quality inspection of imported scrap at the import gate or at the customs agency where the production facility using imported scrap is located or at the production facility using imported scrap.
Imported scrap is only allowed to be unloaded at the port when it meets the following requirements:
1- Organizations and individuals receiving goods on the E-Manifest have a valid Certificate of eligibility for environmental protection in importing scrap as raw materials for production and have a remaining volume of imported scrap;
2- Organizations and individuals receiving goods on E-Manifest must have a document confirming that they have deposited a guarantee for imported scrap for scrap listed on E-Manifest according to the provisions of Point b, Clause 3, Article 57 of Decree No. 40/2019/ND-CP.
The Customs authority is responsible for checking the above conditions before allowing the unloading of scrap at the port.
Import conditions
Decree 40/2019/ND-CP also clearly states that organizations and individuals with production facilities using imported scrap must meet the following requirements to be allowed to import scrap as raw materials for production:
1- Meet the requirements and responsibilities for environmental protection prescribed in Clauses 2 and 3, Article 76 of the Law on Environmental Protection;
2- Have an environmental impact assessment report approved by the Ministry of Natural Resources and Environment, which includes the use of imported scrap as production materials and is granted a certificate of completion of environmental protection works or a license for hazardous waste treatment, which includes the use of scrap as production materials for projects that have come into operation.
New construction projects must meet the requirements specified in Article 16b and Article 17 of Decree No. 18/2015/ND-CP.
3- Have a Certificate of eligibility for environmental protection in importing scrap as raw materials for production according to the provisions of law.
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