Decision No. 16/2015/QD-TTg on the recovery and handling of discarded products

Pursuant to …;

Article 24regarding the recovery and disposal of discarded productsỏ

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Environmental Protection Law on June 23, 2014;

Pursuant to Decree No. 38/2015/NĐ-CP dated April 24, 2015 of the Government on waste management;

At the proposal of the Minister of Natural Resources and Environment,

The Prime Minister issues this Decision to regulate the recovery and disposal of discarded products.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. Applicability:

This Decision regulates the recovery and disposal of discarded products on the territory of the Socialist Republic of Vietnam.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

This Decision applies to manufacturers, consumers, and other organizations and individuals related to the recovery and disposal of discarded products on the territory of Vietnam.

Discarded products generated from production, business, and service establishments not subject to this Decision shall be implemented according to the provisions of Government Decree No. 38/2015/NĐ-CP dated April 24, 2015, on waste management and scrap materials.

Article 2. Interpretation of Terms

In this Decision, the following terms shall be understood as follows:

1. Discarded products are wastes originating from products that have exceeded their useful life or products discarded after use and included in the list attached to this Decision.

2. Recovery of discarded products refers to receiving and collecting discarded products for management and disposal in accordance with the law.

3. Manufacturer is a general term for production, business, and service establishments as follows:

a) Production establishments producing products listed in the list attached to this Decision within Vietnam;

b) Establishments performing the role of official importer or official distributor (also known as first-level distributors) of products listed in the list attached to this Decision produced abroad or by export processing enterprises or enterprises in tax-free zones.

4. Distribution establishment is a wholesale, retail, or agency selling products listed in the list attached to this Decision (excluding official importers or official distributors).

5. Collection point is a location established directly by the manufacturer or jointly with distribution establishments to accept discarded products.

6. Consumer is the final user of the product before discarding, including: Households; individuals; administrative offices; schools.

7. Collecting organization or individual is an organization or individual directly collecting discarded products from consumers to transfer to collection points.

Article 3. List of Discarded Products and Time of Recovery and Disposal

1. The list of discarded products and time of recovery and disposal is issued in the Appendix attached to this Decision.

2. The list of discarded products and time of recovery and disposal of discarded products will be reviewed and supplemented by the Ministry of Natural Resources and Environment for submission to the Prime Minister for consideration in accordance with Vietnam's conditions at each period.

Article 4. Methods of Recovery and Disposal of Discarded Products

1. Discarded products are recovered through the following forms:

a) Manufacturers directly implement or cooperate with each other through collection points or a system of collection points;

b) Manufacturers cooperate or authorize suitable waste transportation and treatment units to implement;

c) Suitable waste transportation and treatment units directly implement recovery in accordance with waste management regulations without cooperation or authorization from manufacturers.

2. Collection points for discarded products are uniformly carried out based on product type and may not depend on brand or manufacturer.

3. Transfer, collection, storage, and transportation of discarded products that are hazardous waste generated by consumers to collection points do not require a Hazardous Waste Treatment Permit but must comply with environmental technical standards for collection, storage, and transportation of discarded products.

4. Discarded products after recovery must be managed and disposed of in accordance with waste management regulations.

Chapter II

RESPONSIBILITIES AND RIGHTS IN THE RECOVERY

DISPOSAL OF DISCARDED PRODUCTS

Article 5. Responsibilities of the manufacturer

1. Organize the recall of products that have been discarded which were sold into the Vietnamese market by themselves.

2. Establish points or systems of points for recalling discarded products in the following forms:

a) Establish independently or cooperate with other manufacturers to establish;

b) Establish at separate locations or cooperate with distribution facilities to establish at the location of the distribution facility.

3. The recall point must meet technical environmental standards regarding the collection, storage, and transportation of discarded products.

4. Shall accept their own discarded products; encourage accepting similar products that they have sold into the market regardless of brand or manufacturer.

5. Accept and process their own discarded products that have been put on the market and recovered by other manufacturers upon request.

6. Develop and implement reasonable policies, incentives, and promotional activities for consumers or organizations and individuals collecting and transferring discarded products at the acceptance point.

7. Organize the transportation of discarded products from the recall points to transfer stations (if any) and treatment facilities according to waste management regulations.

8. Organize the processing of recalled discarded products according to waste management regulations in the following forms:

a) Direct processing;

b) Transfer to domestic units capable of treating waste;

c) Export abroad for processing;

d) Reuse;

đ) Other forms as prescribed.

9. When transferring hazardous waste from recall points established directly by themselves to units capable of handling it, they must declare and use hazardous waste documentation as the representative of the hazardous waste source according to regulations.

10. Annually report to the General Department of Environment the following information:

a) Quantity of products produced and imported sold into the Vietnamese market;

b) List of recall points and places for processing discarded products;

c) Results of recalling and processing discarded products;

d) Cases of refusing to accept discarded products and reasons for refusal.

11. Report to the provincial Department of Natural Resources and Environment about recall points located outside distribution facilities and within the premises of the manufacturer.

12. Publicize information about lists of recall and processing points for discarded products; results of recalling and processing discarded products on the General Department of Environment's electronic portal and their own website (if available).

13. The Ministry of Natural Resources and Environment shall stipulate signage, identification marks, and management procedures for recall points.

Article 6. Rights of the manufacturer

1. When recalling and processing discarded products themselves, they shall enjoy preferential policies and support as prescribed by law.

2. May collaborate with other manufacturers to jointly recall and process discarded products of the same type but different brands.

3. May authorize industry associations of which they are members to represent them in recalling and processing their discarded products.

4. The recall of discarded products of the same type but different brands shall be counted towards the manufacturer’s recall efficiency.

5. Have the right to request other manufacturers to accept back and process their discarded products that were put on the market and recovered by themselves.

6. May contract with units capable of transporting and treating waste to transport and process discarded products according to regulations.

7. May recall discarded products not directly produced by themselves but are components of products they produce and sell into the market.

8. May establish transfer stations to transport discarded products from recall points to storage before sending them to treatment facilities.

9. Have the right to refuse to accept discarded products in the following cases:

a) Discarded products brought by waste transportation and treatment units without authorization or cooperation;

b) Discarded products of the same type but different brands from other manufacturers.

Article 7. Responsibilities of Consumers, Distribution Bases, Transport and Waste Treatment Units, and Organizations and Individuals Collecting

1. Consumers shall be responsible for transferring waste products through the following methods:

a) Delivering to collection points on their own;

b) Handing over to organizations or individuals collecting for transportation to waste product collection points;

c) Handing over to transport and waste treatment units with appropriate functions;

d) Returning to organizations or individuals repairing, maintaining, or replacing products. The receiving organizations or individuals must fulfill responsibilities as waste sources according to regulations.

2. Distribution bases shall be responsible for:

a) Cooperating with manufacturers to establish collection points and accept waste products at their premises upon the manufacturer's request;

b) Storing waste products at collection points as prescribed;

c) When transferring hazardous waste from collection points, they must declare and use hazardous waste certificates as representatives of hazardous waste sources according to regulations;

d) Providing information for manufacturers to prepare reports to be submitted to the Ministry of Natural Resources and Environment according to the prescribed format.

3. Transport and waste treatment units shall be responsible for:

a) Adhering to waste management regulations when performing contracts with manufacturers for waste product recovery and treatment;

b) Not permitted to transfer waste products that are hazardous waste to collection points when collecting from production and service businesses without the authorization or coordination of the manufacturer;

c) Upon accepting waste products from collection points, they must transfer them back to appropriate waste treatment facilities according to waste transportation regulations.

4. Organizations and individuals collecting must deliver waste products received from consumers to collection points as prescribed.

Article 8. Rights of Consumers, Organizations and Individuals Collecting, and Distribution Bases

1. Consumers and organizations or individuals collecting when transferring waste products to collection points have the following rights:

a) Enjoy benefits according to the manufacturer's policy;

b) Have the right to request the manufacturer to accept waste products that were introduced to the market by that manufacturer;

c) Report to the Ministry of Natural Resources and Environment or the provincial Department of Natural Resources and Environment if the manufacturer refuses to accept waste products.

2. Distribution bases subject to Point 3, Appendix IV of Decree No. 18/2015/NĐ-CP of the Government on environmental planning, strategic environmental assessment, environmental impact assessment, and environmental protection plans are not required to develop an Environmental Protection Plan when participating in the recovery of distributed products.

3. Transporting hazardous waste from consumers to collection points does not require a Hazardous Waste Transportation Permit but must not exceed the quantity specified in technical standards for waste collection, storage, and transportation.

Chapter III

RESPONSIBILITIES OF NATIONAL MANAGEMENT AUTHORITIES FOR RECOVERY,

DISPOSAL OF DISCARDED PRODUCTS

Article 9. Responsibilities of the Ministry of Natural Resources and Environment

1. Issuing guidance documents to implement this Decision and technical environmental standards for waste collection, storage, and transportation; organizing guidance and management of implementation.

2. Establishing and managing data on recovery and treatment of waste products; publishing lists of collection points meeting technical environmental requirements as prescribed.

3. Promoting awareness among organizations and individuals involved in waste product recovery and treatment activities.

4. Inspecting, monitoring, and handling organizations and individuals violating regulations on waste product recovery and treatment.

5. Leading and coordinating with relevant ministries and sectors to submit to the Prime Minister for amending and supplementing the list of waste products and the time for recovery and treatment issued together with this Decision.

Article 10. Responsibilities of the Provincial People's Committee

1. Promoting awareness among organizations and individuals involved in waste product recovery and treatment activities.

2. Issuing policies, implementing support, and creating conditions for enterprises to establish collection points and implement waste product recovery and treatment activities in accordance with Decree No. 19/2015/NĐ-CP dated February 14, 2015 of the Government detailing certain provisions of the Law on Environmental Protection.

3. Implementing management, inspection, and supervision of waste product recovery and treatment activities in accordance with environmental protection laws.

4. Directing People's Committees at all levels to implement waste product recovery and treatment activities within their authority.

Chapter IV

IMPLEMENTING PROVISIONS

Article 11. Effective Date

1. This Decision takes effect from July 15, 2015.

2. Decision No. 50/2013/QĐ-TTg dated August 9, 2013 of the Prime Minister on the recovery and treatment of waste products ceases to be effective from the date this Decision takes effect.

3. Ministers, Heads of Ministries equivalent to Ministries, Heads of agencies under the Government, Chairmen of Provincial People's Committees, and organizations and individuals concerned are responsible for implementing this Decision./.