THE PRIME
MINISTER
-------
|
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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|
No. 16/2015/QĐ-TTg
|
Hanoi, May 22,
2015
|
DECISION
PROVIDING
REGULATIONS ON RECALL AND TREATMENT OF DISCARDED PRODUCTS
Pursuant to the Law on Government Organization
dated December 25, 2001;
Pursuant to the Law on Environmental Protection
dated June 23, 2014;
Pursuant to the Government’s Decree No.
38/2015/NĐ-CP dated April 24, 2015 on waste and scrap management;
After considering the request of the Minister of
Natural Resources and Environment,
The Prime Minister hereby grants the Decision on
providing regulations on recall and treatment of discarded products.
Chapter I
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Article 1. Scope of application
and applicable entities
1. Scope of application:
This Decision
provides regulations on recall and treatment of discarded products throughout
the Socialist Republic of Vietnam.
2. Applicable entities:
This Decision shall apply to manufacturers,
consumers and other organizations or individuals involving recall and treatment
of discarded products in Vietnam.
Discarded products discharged from production,
trading and service establishments that do not belong to the applicable
entities defined in this Decision shall be governed by regulations laid down in
the Government’s Decree No. 38/2015/NĐ-CP dated April 24, 2015 on providing
regulations on waste and scrap management.
Article 2. Interpretation of
terms
Terms used herein shall be construed as follows:
1. Discarded product refers to wastes derived from
products of which the useful life has expired or products discarded after being
used in the list annexed to this Decision.
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3. Manufacturer refers to the generic name of
production, trading and service establishments, including:
a) Production establishments that belong to the
list annexed to this Decision and are located within Vietnam;
b) Any establishment fulfilling the role as an
official importer or official distributor (also known as level-one distributor)
of products made in foreign countries or manufactured by exporting and
processing enterprises or those operating in free tariff zone in the list
annexed hereto.
4. Distributor refers to wholesaling and retailing
establishments or sales agent defined in the list annexed hereto (except for
official importers or official distributors).
5. Point of recall refers to the station where
discarded products are collected and which is established directly by
manufacturers, or by manufacturers in association with distributors.
6. Consumer refers to the end user of products
before these products are discarded, including: Household families;
individuals; offices of State administrative agencies; educational
institutions.
7. Collecting organization or individual refers to
any organization or individual carrying out operations of direct collection of
discarded products from consumers and transportation of these products to the
point of recall.
Article
3. List of discarded products and schedule of recall or treatment
1. The list of discarded products and schedule of
recall and treatment shall be defined in the Appendix attached hereto.
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Article 4. Method for recall
and treatment of discarded products
1. Discarded products shall be recalled in the
following manners:
a) Direct manufacturers carry out or enter into
cooperation with one another to carry out the recall through the point of
recall or a system of points of recall;
b) Manufacturers work with or authorize waste
transportation or treatment organizations with appropriate competence to carry
out the recall;
c) Waste transportation and treatment organizations
with appropriate competence directly carry out the recall in accordance with
regulations on waste management without any of the manufacturer’s collaboration
or authorization.
2. The point of recall shall recall discarded
products by types in a consistent manner without possible reliance on
trademarks or manufacturers.
3. Transfer, collection, storage and transportation
of hazardous products discharged from consumers to points of recall shall not
require the permit for hazardous waste management but must conform to the
technical regulations on environment which govern collection, storage and
transportation of discarded products.
4. Discarded products after being discarded must be
managed and treated in accordance with legal regulations on waste management.
Chapter II
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Article 5. Responsibility of
manufacturers
1. Manage collection of discarded products sold out
to Vietnam's market.
2. Establish points or system of points of recall
by taking the following forms:
a) Establish at their own expense or collaborate
with other manufacturers in establishing this kind of point of recall;
b) Establish this kind of point of recall in the
separate area or collaborate with distributors in establishing points of recall
at the facility of distributors.
3. Points of recall must conform to technical
regulations on environment which govern collection, storage and transportation
of discarded products.
4. Take responsibility to accept their own
discarded products; encourage receipt of discarded products of the same type as
theirs sold out to the market, regardless of trademarks or manufacturers.
5. Receive their discarded products in the market
recalled by other manufacturers for the purpose of treatment as requested.
6. Establish and implement appropriate,
preferential and communicative policies for consumers or collecting
organization or individual so that they transfer discarded products to
receiving stations.
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8. Manage treatment of discarded products which
have been recalled in accordance with regulations on waste management in the
following forms:
a) Direct treatment;
b) Transfer of discarded products to domestic waste
treatment with appropriate competence;
c) Outward export of discarded products for
treatment;
d) Recycling;
dd) Other forms in accordance with regulations.
9. When hazardous discarded products are
transferred to organization competent to carry out the treatment from points of
recall directly established by themselves, they are required to provide and use
hazardous waste documents in the name of the representative of the owner of
hazardous discharge in accordance with regulations.
10. Submit the annual report to Vietnam Environment
Administration on the following information:
a) Amount of manufactured or imported products
which have been sold in Vietnam's market;
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c) Result of
recalling and treating discarded products;
d) Circumstances under which discarded products are
refused and reasons for this refusal.
11. Report to the Department of Natural Resources
and Environment on points of recall outside of distribution facilities and the
precincts of manufacturing establishments.
12. Publicly communicate information about the list
of points of discarded product recall and treatment; result of discarded
product recall and treatment through the website of Vietnam Environment
Administration and their own website (if available).
13. The Ministry of Natural Resources and
Environment shall provide regulations on warning signs and symbols as well as
procedures for management of points of recall.
Article 6. Right of
manufacturers
1. If they decide to recall and treat discarded
products at their own expense, they will be given supportive and preferential
policies in accordance with legal regulations.
2. Have access to partnership with other
manufacturer in order to recall and treat discarded products with different
trademarks but same types.
3. Appoint manufacturers’ association of which they
are member to act on their behalf to recall and treat their discarded products.
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5. Request other manufacturers to take their
discarded products in the market back for treatment after being recalled by the
requesting manufacturer.
6. Sign a contract with waste transportation and
treatment organizations with appropriate competence in accordance with regulations.
7. Recall discarded products which are not directly
manufactured by themselves but are considered as constituents of products made
by themselves and sold in the market.
8. Establish intermediate stations used for
transporting discarded products from points of recall to storage facilities
before taking them to treatment facilities.
9. Refuse to receive discarded products under the
following circumstances:
a) Discarded products are delivered by waste
transportation and treatment organization without any authorization or
cooperation;
b) Discarded products with same types but different
trademarks are made by other manufacturers.
Article 7. Responsibility of
consumers, distribution facilities, waste transportation and treatment organizations,
and collecting organizations or individuals
1. Consumers shall assume responsibility to
transfer discarded products in the following forms:
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b) Transferring discarded products to collecting
organizations or individuals to transport them to points of discarded product
recall;
c) Handing discarded products over to waste
transportation and treatment organizations with appropriate competence;
d) Bringing discarded products back to
organizations or individuals specializing in repair, maintenance and
replacement of products. Receiving organizations or individuals are required to
assume their responsibilities as the owner of discharge in accordance with
regulations.
2. Distribution facilities shall assume the
following responsibilities:
a) Coordinating with manufacturers in establishing
points of recall and receiving discarded products at their own facilities as
requested by manufacturers;
b) Storing discarded products at points of recall
in accordance with regulations;
As for transfer of hazardous discarded products,
they are required to provide and use hazardous waste documents in the name of
the representative of the owner of hazardous discharge in accordance with
regulations;
d) Providing information used for manufacturers’
reporting to the Ministry of Natural Resources and Environment by completing
the given form.
3. Waste transportation and treatment shall take
the following responsibilities:
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b) Do not carry hazardous discarded products to
points of recall after collecting them from production, trading and service
facilities without any authorization or cooperation confirmed by manufacturers;
c) Upon receiving discarded products from points of
recall, they must transfer them to appropriate waste treatment facilities in
accordance with regulations on waste transportation.
4. Collecting organizations or individuals must,
after receiving discarded products from consumers, transfer them to points of
recall in accordance with regulations.
Article 8. Right of consumers,
collecting organizations or individuals and distribution facilities
1. Consumers, collecting organizations or
individuals, when carrying discarded products to points of recall, shall have
the following rights:
a) Enjoy benefits specified in the manufacturer’s
policy;
b) Have the right to request manufacturers to
accept discarded products launched in the market by such manufacturers;
c) Report to the Ministry of Natural Resources and
Environment or the local Department of Natural Resources and Environment on any
refusal of manufacturers to receive discarded products.
2. Distribution facilities that belong to the
entities stipulated at Point 3, Appendix IV of the Government's Decree No.
18/2015/NĐ-CP on providing regulations on environmental protection planning,
strategic environment assessment, environmental impact assessment and environmental
protection plan, are not required to establish the environmental protection
plan when participating in collection of distributed products.
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Chapter III
RESPONSIBILITY OF
REGULATORY AGENCIES FOR COLLECTION AND TREATMENT OF DISCARDED PRODUCTS
Article 9. Responsibility of
the Ministry of Natural Resources and Environment
1. Issue documents providing guidance on
implementation of this Decision and technical regulations on environment in
terms of collection, storage and transportation of discarded products; provide
instructions on and manage implementation.
2. Develop and manage data about recall and
treatment of discarded products; publicly announce the list of points of recall
which conform to technical environmental requirements in accordance with
regulations.
3. Propagate, raise awareness of organizations or
individuals so that they get involved in discarded product recall and
treatment.
4. Examine, inspect, monitor and impose penalties
on organizations or individuals that commit violations against regulations on
discarded product recall and treatment.
5. Preside over, cooperate with relevant
Ministries, departments in submission of report to the Prime Minister to seek
any amendment and supplementation to the List of discarded products and
schedule of recall and treatment annexed hereto.
Article 10. Responsibility of
provincial People’s Committees
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2. Introduce policies, support and provide
favorable conditions for manufacturing enterprises to establish points of
recall and manage discarded product recall and treatment within their areas in
accordance with regulations laid down in the Government’s Decree No.
19/2015/NĐ-CP dated February 14, 2015 on providing specific provisions on
implementation of several articles of the Law on Environmental Protection.
3. Manage, inspect and examine recall and treatment
of discarded products within their areas in accordance with legal regulations
on environmental protection.
4. Direct the People’s Committees at all levels to
carry out recall and treatment of discarded products within their jurisdiction.
Chapter IV
IMPLEMENTARY PROVISIONS
Article 11. Effect
1. This Decision shall come into force from July
15, 2015.
2. The Decision No. 50/2013/QĐ-TTg of the Prime
Minister dated August 9, 2013 on providing regulations on recall and treatment
of discarded products shall be abolished from the effective date of this
Decision.
3. Ministers, Heads of ministerial-level agencies,
Heads of Governmental agencies, the President of the People’s Committees of
centrally-affiliated cities or provinces and related organizations or
individuals, shall be responsible for implementing this Decision./.
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THE PRIME
MINISTER
Nguyen Tan Dung
APPENDIX
LIST OF DISCARDED PRODUCTS AND SCHEDULE OF RECALL AND
TREATMENT
(Issued together with
the Decision No. 16/2015/QĐ-TTg of the Prime Minister dated May 22, 2015)
No.
DESCRIPTION
SCHEDULE OF
RECALL AND TREATMENT
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ACCUMULATOR AND BATTERY
1
Accumulators of all types
01/7/2016
2
Batteries of all types
01/7/2016
II
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1
Compact light; fluorescent light
01/7/2016
2
Desktop or laptop; computer monitor; CPU (micro
processor)
01/7/2016
3
Printer; fax machine; scanner
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4
Photo camera; movie camera
01/7/2016
5
Cell phone; tablet computer
01/7/2016
6
DVD, VCD, CD recorder and other tape or disc
player
01/7/2016
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Photocopier
01/7/2016
8
Television; refrigerator
01/7/2016
9
Air conditioner; laundry machine
01/7/2016
III
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01/7/2016
IV
INNER TUBE, TYRE
1
Inner tubes of all kinds
01/7/2016
2
Tires of all kinds
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V
VEHICLE
1
Motorcycles, motorbikes of all kinds
01/01/2018
2
Automobiles of all kinds
01/01/2018
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