Quyết định 16/2015/QD-TTg

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

GENERAL PROVISIONS

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.  

2. Recall of discarded products refers to the act of receiving and collecting discarded products for management and treatment in accordance with legal regulations.

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.

2. The list of discarded products and schedule of recall and treatment are submitted to the Prime Minister by the Ministry of Natural Resources and Environment for any amendment or supplementation to be considered to ensure conformity with conditions in Vietnam for specific periods.

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

RESPONSIBILITY AND RIGHT CONCERNING RECALL AND TREATMENT OF DISCARDED PRODUCTS

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. 

7. Manage the transportation of discarded products from points of recall to intermediate stations (if available) and treatment establishment in accordance with regulations on waste management.

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;

b) List of points of recall and discarded product treatment stations;

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.

4. Recall of discarded products with different trademarks but same types shall make up the recall efficiency of such manufacturer.

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:

a) Carrying discarded products to points of recall at their own expense;

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:

a) Comply with regulations on waste management while recalling and treating discarded products as agreed upon with manufacturers;

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.

3. Transportation of hazardous discarded products from consumers to points of recall does not require the permit for hazardous waste transportation but is not allowed to exceed load limits defined in the technical regulations on environment in terms of collection, storage and transportation of discarded products. 

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

1. Propagate, raise awareness of organizations or individuals so that they get involved in discarded product recall and treatment.

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./.

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)