JOINT CIRCULAR No. 2880/KCM-TM PROVISIONALLY REGULATING THE IMPORT OF WASTE MATERIALS

JOINT CIRCULAR
Temporary Provisions on the Importation of Waste Materials

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To meet the raw material needs for production, in addition to domestic sources, some establishments still need to import raw materials from abroad, including primary raw materials and sometimes secondary raw materials and waste materials such as old paper, used books, recycled aluminum cans, scrap plastic and metal, etc. (hereinafter referred to as waste materials).

In recent times, the importation of waste materials has generally met some production needs of certain industries. However, due to the lack of detailed guidelines on this matter, there have been instances of substandard waste materials being imported, mixed with impurities, not complying with contractual provisions, causing environmental pollution, affecting the health of workers, and violating the Environmental Protection Law.

In order to strictly implement the Environmental Protection Law and Decree 175/CP of the Prime Minister guiding the implementation of the Environmental Protection Law; at the same time, to contribute to alleviating some practical difficulties faced by domestic industries in accordance with the spirit of the Prime Minister's directive in Document No. 69/TB dated May 21, 1994 of the Government Office regarding the establishment of a list of prohibited and permitted secondary raw materials imports, the Ministry of Science, Technology, and Environment and the Ministry of Trade issue this Joint Circular providing temporary regulations on the importation of waste materials.

PART I

GENERAL PROVISIONS

1. Only essential waste materials directly serving urgent production requirements shall be imported; waste materials shall not be imported for resale or other purposes. Strictly prohibit the importation of waste under the guise of "waste materials."

2. The waste materials referred to in this Circular include secondary raw materials and waste materials.

Secondary raw materials are raw materials that, when produced, do not meet the standards for primary raw materials but can still meet domestic production requirements.

Waste materials are raw materials separated during the production process of primary raw materials and do not meet the above secondary raw material standards, or products discarded after use, such as:

- Fragmented or deformed materials, but still retaining their basic properties.

- Processed or used products (not meeting primary or secondary raw material standards) that can be used as raw materials for production.

3. For waste materials that are processed, manufactured, and used products, permission for importation will be considered on a case-by-case basis.

4. Impurities are substances with different characteristics from those of waste materials that are mixed within them. The impurity ratio must not exceed 3%. Impurities must not contain prohibited substances (as stipulated in Point 5 of this Circular). In cases where impurities in waste materials fall under the category requiring environmental permits upon importation, the necessary environmental permit procedures must be followed.

5. The waste materials mentioned in this Circular are divided into three categories:

a) Prohibited waste materials (Annex 1).

b) Waste materials that do not require environmental permits upon importation (Annex 2). For this category of waste materials, the following conditions must be met upon importation:

- Follow the current import procedures as prescribed by relevant ministries and sectors.

- If national standards exist for waste materials, comply with the quality and environmental requirements specified therein (for example, for waste materials from paper production and processing, cardboard boxes must meet the requirements set out in Vietnam Standard VN 5946-1995, page 355, Volume II).

- If no national standards exist, rely on industry standards to monitor quality and environmental conditions during importation.

- If no national standards exist, for waste materials imported, quality monitoring must be thorough to prevent adverse effects on the environment.

c) All waste materials not listed in Annexes 1 and 2 of this Circular must obtain environmental permits upon importation.

6. Only enterprises with production facilities or production facilities that have been granted direct export licenses by the Ministry of Trade, with appropriate import items, may import waste materials. In cases where production facilities have not yet been granted direct import/export licenses, they may entrust importation through the aforementioned units after obtaining approval for importation from the Ministry of Science, Technology, and Environment (Environmental Protection Department) via a written endorsement.

Chapter II

ENVIRONMENTAL PERMIT PROCEDURES FOR IMPORTED WASTE MATERIALS
(Point 5.c Chapter I)

The procedures for obtaining environmental approval before importing waste materials include:

1.1- Application form of the enterprise (according to the model in Annex 3)

1. Documents:

1.2- Sample of the imported waste material.

1.3- Quality analysis and inspection results (physical composition, chemical components, impurities, etc.) issued by authorized Vietnamese agencies for the sample.

1.4- Confirmation of the quality and environmental conditions of the imported waste material (physical composition, chemical composition, impurity ratio, toxicity level, etc.) issued by authorized organizations in the exporting country.

1.5- Opinion of the competent authority at the ministry, ministerial-level department, general bureau, or provincial/municipal people's committee.

* The above documents and samples are submitted to the Pollution Control Room of the Environmental Protection Department, Ministry of Science, Technology, and Environment (address: 39 Tran Hung Dao Street, Hanoi).

2. The Minister of Science, Technology, and Environment authorizes the Director of the Environmental Protection Department to review and resolve the enterprise's application within 15 working days from the date of receipt of all required documents and samples as stipulated in Point 1, Chapter II.

IMPORTATION PROCEDURES

Chapter III

1. Enterprises and production facilities wishing to import waste materials for production, after receiving written approval from the Ministry of Science, Technology, and Environment (Environmental Protection Department) as provided in Chapter II above, shall proceed to the customs office to complete the necessary procedures according to current regulations.

1. An enterprise or production facility that wishes to import waste materials for production purposes, after being approved in writing by the Ministry of Science and Technology and Environment (Environmental Administration) in accordance with the provisions set out in Chapter II above, shall proceed to the customs authority to complete the procedures in accordance with current regulations.

2. Customs at border gates shall conduct inspections and supervision on the quality and quantity of imported waste materials in accordance with current laws. In certain necessary cases, customs at border gates shall closely cooperate with provincial Science, Technology, and Environment Departments and other relevant agencies to jointly inspect and supervise.

Chapter IV

IMPLEMENTATION

1. Entities importing and using waste materials must comply with environmental protection regulations and be subject to inspection and supervision by central and local environmental management agencies.

2. The General Department of Customs shall direct Provincial Customs Bureaus under the Central Government to implement inspections and supervision on imported waste materials at border gates in accordance with current state regulations and the contents of this Circular.

3. Provincial Science, Technology, and Environment Departments, and Provincial Commerce Departments shall have the responsibility to:

- Coordinate with relevant agencies (Customs, Measurement - Quality Control, Vinacontrol...) to monitor and inspect the quality and quantity of imported waste materials, as well as the transportation and storage of imported waste materials before processing and manufacturing.

- Supervise the use of imported waste materials during production (considering environmental protection aspects, including pre-production environmental assessment).

- Conduct periodic and spot checks on the use of imported waste materials during production and report periodically to the People's Committees of provinces and centrally-administered cities, the Ministry of Science, Technology, and Environment, and the Ministry of Commerce on the results of monitoring and inspection.

- Coordinate with relevant agencies to disseminate this Circular to production and business establishments within their jurisdiction.

4. Violations of environmental protection regulations during the importation or use of imported waste materials for production must be promptly and strictly handled according to current laws. Forms of handling may include forced re-exportation, suspension of subsequent imports, and fines pursuant to Article 10 and 11 of Decree No. 26/CP dated April 26, 1996 of the Government on administrative penalties in the field of environmental protection, or criminal prosecution if the violation is serious.

5. The Ministry of Science, Technology, and Environment, and the Ministry of Commerce shall be responsible for checking the implementation of this Joint Circular and reporting to the Prime Minister.

This Circular replaces related documents previously issued and takes effect from January 1, 1997.

During the implementation of this Circular, if difficulties or obstacles arise, relevant agencies and enterprises must promptly reflect them to the Ministry of Science, Technology, and Environment and the Ministry of Commerce for research and supplementation as appropriate.

Deputy Minister                                                                        Vice Minister

Organization and Scientific Personnel, and the Heads of related units are responsible for implementing this Decision./.                                                                  Nguyen Xuan Quang   

(Signed)