DECISION

PRESCRIBING RETRIEVAL AND DISPOSAL OF DISCARDED PRODUCTS

Pursuant to December 25, 2001 Law on organization of Government;

Pursuant to the Law on environmental protection dated November 29, 2005;

Pursuant to the Government’s Decree No. 80/2006/ND-CP dated August 09, 2006, detailing and guiding implementation of a number of Articles of the Law on environmental protection; 

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

The Prime Minister promulgates Decision prescribing retrieval and disposal of discarded products,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation and Subjects of application

1. Scope of regulation

This Decision prescribes liabilities, rights and benefits, retrieval and disposal of discarded products on Vietnam’s territory.

2. Subjects of application

This Decision applies to producers, importers, consumers and organizations and individuals relating to retrieval and disposal of discarded products on Vietnam’s territory.

Article 2. Interpretation of terms

In this Decision, the following terms will be construed as follows:

1. The discarded products are products expired for use or products discharged after the course of use.

2. Retrieval of discarded products mean retrieval of products expired for use or products discharged after the course of use by producers and importers.

3. Disposal of discarded products mean course of reusing, recycling, destroying products expired for use or products discharged after the course of use.

4. The retrieval location means place receiving discarded products in accordance with law on environmental protection.

5. Facilities of collection and disposal of discarded products mean enterprises operate in accordance with law on environmental protection.

Article 3. List of discarded products, time of retrieval and disposal

List of discarded products, time of retrieval and disposal are promulgated at Annex enclosed with this Decision.

Chapter 2.

LIABILITIES, RIGHTS AND BENEFITS OF PRODUCERS, IMPORTERS, CONSUMERS, DISTRIBUTION FACILITIES, FACILITIES FOR COLLECTION AND DISPOSAL OF DISCARDED PRODUCTS

Article 4. Liabilities of producers, imports

1. Setting up of points for retrieval of discarded products.

2. Receiving the discarded products which have been sold in market of Vietnam by them.

3. Making agreements with consumers about method of transferring and receiving discarded products at retrieval location.

4. Transporting discarded products from retrieval locations to disposal facilities.

5. Disposing the discarded products.

6. Having written notification to the Ministry of Natural Resources and Environment about retrieval locations and facilities for disposal of discarded products.

7. Publicizing information related to retrieval locations and facilities for disposal of discarded products on website of the Ministry of Natural Resources and Environment and producers, imports.

8. Annually, reporting quantity of products produced or imported which have been sold on market of Vietnam; results of retrieval and disposal of discarded products in accordance with guide of the Ministry of Natural Resources and Environment.

Article 5. Liabilities of consumers, distribution facilities, facilities for collection and disposal of discarded products

1. Consumers are responsible for transferring the discarded products at retrieval location.

2. Distribution facilities are responsible for participating in retrieval of the discarded products.

3. The facilities of collecting and disposing the discarded products that perform contracts with producers, importers for retrieval and disposal of discarded products must comply with provisions of law on environmental protection.

Article 6. Rights and benefits of producers, importers, consumers, facilities for collection and disposal of discarded products

1. Producers, importers, consumers, facilities for collection and disposal of the discarded products are enjoyed incentive policies and supports as prescribed by law.

2. Producers and importers which set up the retrieval location to receive the discarded products being hazardous waste shall be exempted from register for owner of hazardous waste source.

3. Producers and importers which directly retrieve and transport the discarded products being hazardous waste shall be exempted from register for practicing hazardous waste management, but must meet the following conditions:

a) Having registered the business trades of products belonging to list of the discarded products promulgated enclosed with this Decision;

b) Having report on direct collection and transport of the discarded products and certified by the Ministry of Natural Resources and Environment;

c) There are equipment, technical measures to control pollution and environmental protection at retrieval locations;

d) There are means, specialized devices to collect and transport the discarded products;

e) There are technical staff specialized in retrieval and transport of the discarded products;

4. Producers and importers may link with other producers and importers to perform the retrieval and disposal of discarded products.

5. Producers and imports may contract with facilities of collection and disposal which are eligible for operation in accordance with law for retrieval and disposal of the discarded products.

Chapter 3.

RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES FOR RETRIEVAL AND DISPOSAL OF DISCARDED PRODUCTS

Article 7. Responsibilities of the Minister of Natural Resources and Environment

1. To assume the prime responsibility for, and coordinate with relevant Ministries, sectors to submit the Prime Minister for amending and supplementing List of the discarded products, time for retrieval and disposal promulgated together with this Decision.

2. To assume the prime responsibility for, and coordinate with relevant Ministries and sectors in formulating, promulgating documents guiding and detailing this Decision.

3. To propagate, raise awareness of community about activities of retrieving and disposing discarded products.

4. To set up and manage data about retrieval and disposal of the discarded products.

5. To inspect, examine and handle organizations and individuals conducting acts breaching provisions on retrieval and disposal of the discarded products.

Article 8. Responsibilities of Ministries and sectors

Ministries and sectors shall, within function, tasks and powers, coordinate with the Ministry of Natural Resources and Environment in formulating documents on guide, preference or support for activities of retrieval and disposal of the discarded products. 

Article 9. Responsibilities of People’s Committees of provinces, central-affiliated cities

1. To propagate, raise awareness for consumers to participate in activities of retrieving and disposing discarded products.

2. To support producers and importers for setting up of points for retrieval of discarded products at suitable places on their geographical areas.

3. To implement management over the discarded products in accordance with law on environmental protection.

Chapter 4.

PROVISIONS OF IMPLEMENTATION

Article 10. Organization of implementation

The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with Ministries, sectors and People’s Committees of provinces, central-affiliated cities in organizing implementation of this Decision.

Article 11. Effect

1. This Decision takes effect on September 25, 2013.

2. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, chairpersons of People’s Committees of provinces and central-affiliated cities, and other relevant organizations and individuals shall implement this Decision.

ANNEX

LIST OF THE DISCARDED PRODUCTS, TIME FOR RETRIEVAL AND DISPOSAL
(Promulgated together with the Decision No. 50/2013/QD-TTg, dated August 09, 2013 of the Prime Minister)