Decision 1316/QD-TTg on strengthening management of plastic wastes in Vietnam

DECISION

Approving the scheme for strengthening management
of plastic wastes in Vietnam

^{_____________}

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

Pursuant to the Law on Environmental Protection dated November 17, 2020;

Pursuant to Resolution No. 36-NQ/TW dated October 22, 2018, of the eighth plenum of the XII^th Party Central Committee, on the strategy for sustainable development of Vietnam’s marine economy up to 2030, with a vision toward 2045;

Pursuant to the Government’s Decree No. 38/2015/ND-CP dated April 24, 2015 on management of wastes and scraps;

Pursuant to the Government’s Decree No. 40/2019/ND-CP dated May 13, 2019 amending and supplementing a number of articles of the decrees detailing and guiding the implementation of the Law on Environmental Protection;

Pursuant to the Prime Minister’s Decision No. 491/QD-TTg dated May 7, 2018 approving the adjusted national strategy on integrated management of solid wastes up to 2025, with a vision toward 2050;

Pursuant to the Government’s Resolution No. 01/NQ-CP dated January 1, 2019 on major tasks and solutions for the implementation of the 2019 socio-economic development plan and state budget estimates;

Pursuant to the Government’s Resolution No. 09/NQ-CP dated February 3, 2019 on the Government’s regular meeting in January 2019;

Pursuant to the Prime Minister’s Decision No. 1746/QD-TTg dated December 4, 2019 promulgating the National Action Plan on marine plastic debris management;

Pursuant to the Prime Minister’s Directive No. 33/CT-TTg dated August 20, 2020 on strengthening management, reuse, recycling, treatment and reduction of plastic wastes;

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

DECIDES:

Article 1. To approve the scheme for strengthening the management of plastic wastes in Vietnam (hereinafter referred to as the scheme) with the following main contents:

I. OBJECTIVES

1. General objectives

a) To strengthen the management of plastic wastes at all levels, contributing to the successful implementation of the national strategy on integrated management of solid wastes up to 2025, with a vision toward 2050 approved by the Prime Minister at the Decision No. 491/QD-TTg dated May 7, 2018; the Prime Minister’s Decision No. 1746/QD-TTg dated December 4, 2019 promulgating the National Action Plan on marine plastic debris management; the Prime Minister’s Directive No. 33/CT-TTg dated August 20, 2020 on strengthening management, reuse, recycling, treatment and reduction of plastic wastes.

b) To contribute to building a circular economy in Vietnam with the orientation of reducing the use of single-use plastic products and non-biodegradable plastic bags; increasing the reuse, recycling and treatment of plastic wastes.

2. Specific objectives

a) To improve mechanisms, policies and laws on management of plastic wastes; production and consumption of non-biodegradable domestic plastic bags; single-use domestic plastic products (including single-use tumblers, cups, bowls, plates, spoons, forks, straws, plastic packaging or food containers, plastic wrap and single-use plastic tableware, etc.).

b) To strive to the target by 2025: 100% of environmentally friendly plastic bags and packaging will be used at shopping centers and supermarkets for domestic purposes as replacement for non-biodegradable plastic bags; 85% of generated plastic wastes will be collected, reused, recycled and disposed of; 50% of marine plastic wastes will be reduced; 100% of tourist attractions, tourist accommodation establishments and hotels will not use non-biodegradable plastic bags and single-use plastic products; the production and use of non-biodegradable plastic bags and single-use plastic products will be gradually reduced in daily life.

c) To raise the awareness of agencies, organizations, enterprises, communities and people in the production, consumption and treatment of plastic wastes, non-biodegradable plastic bags and single-use plastic products in daily life.

II. TASKS AND SOLUTIONS

1. To investigate, survey and assess the situation of generation, collection and treatment of plastic wastes, and improve policies and regulations on management of plastic wastes

a) To investigate, survey and assess the situation of generation, collection, recycling and treatment of plastic wastes

- To conduct the overall assessment of production and use of plastic products, environmentally friendly products, single-use plastic products and non-biodegradable plastic bags.

- To survey and assess the production and import of products containing micro-plastics and the impact of micro-plastics on the environment.

- To investigate, survey and assess the situation of generation, collection, recycling and treatment of plastic wastes and propose solutions to improve management efficiency.

- To investigate, inventory, classify and assess the situation of generation, collection, treatment and management of plastic wastes generated from activities on Vietnam’s seas and islands.

- To assess the implementation of collecting export and import tax for plastic products and collecting environmental protection tax for the production of non-biodegradable plastic bags.

b) To devise and improve policies and regulations on management of plastic wastes

- To devise and implement policies to promote the development of a circular economy in the domain of production and consumption of plastic products; to regulate the responsibility for recycling of manufacturers and importers of plastic products and plastic packaging.

- To improve mechanisms and policies to curb the production and use of non-biodegradable plastic bags and single-use plastic products. To research and propose a roadmap to restrict the production and import of single-use plastic products, non-biodegradable plastic packaging, and products and goods that contain micro-plastics.

- To review and improve mechanisms and policies to provide incentives and support in the production of environmentally friendly products, substitutes for single-use plastic products and non-biodegradable plastic bags; to encourage the reuse and recycling of plastic wastes in service of commodity production, production of building materials and reuse of plastic wastes in traffic works.

- To research and propose a roadmap to increase environmental protection tax for non-biodegradable plastic bags; to add environmental protection tax for single-use plastic products for domestic purposes.

- To promulgate and implement regulations in agencies and offices to minimize the use of non-biodegradable plastic bags and single-use plastic products in organizing events and daily activities.

- To formulate synchronous policies to carry out at-source sorting, collection, recycling and treatment of plastic wastes in conformity with the conditions of each locality, aiming to increase the reuse and recycling of plastic wastes.

- To review and improve law regulations on management of marine plastic wastes; management of plastic wastes generated from aquaculture and fishing activities.

2. To implement training, communication and international cooperation on plastic waste management

- To promote training and communication programs to raise awareness about the adverse impacts of plastic products, single-use plastic bags and plastic products on the environment, ecosystems and human health; to raise awareness and change the habit of using single-use plastic products and non-biodegradable plastic bags to using environmentally friendly products.

- To disseminate and mobilize enterprises to produce and distribute environmentally friendly products in replacement of plastic products and non-biodegradable plastic bags.

- To organize training courses to raise awareness and change the behavior of discharging plastic wastes, fishing gear, plastic products into the sea and ocean environment for enterprises, coastal residents, fishermen, sailors and tourists.

- To establish a network of disseminators for guiding the sorting, collection, recycling, treatment and management of wastes in general and plastic wastes in particular in localities. To organize training and refresher courses on knowledge and professional skills in information and communication on environmental protection and plastic waste management for officials, reporters and editors of news and press agencies and officials engaged in grassroots information work. To promptly commend and reward organizations and individuals with valuable activities, solutions and initiatives on plastic waste management.

- To formulate and integrate contents on the management of plastic wastes, non-biodegradable plastic bags and single-use plastic products into training programs of different educational levels with appropriate forms and contents.

- To strengthen international cooperation and attract foreign organizations and individuals to participate in training, research and technology transfer, information and experience sharing to improve the efficiency of plastic waste management and treatment in Vietnam.

- To mobilize and attract financing sources from countries and international organizations in investing, developing and receiving technologies for recycling and treatment of plastic wastes and production of environmentally friendly products in replacement of single-use plastic products and carry out transition toward a circular economy and green growth.

- To strengthen the participation and supervision of socio-political organizations and news and press agencies in the implementation of mechanisms and policies to restrict the use of non-biodegradable plastic bags and single-use plastic products.

3. To research on, apply technologies and deploy models and activities related to the management of plastic wastes and the production of environmentally friendly products

- To formulate plans and synchronously deploy nationwide models of shopping centers and supermarkets that do not use plastic bags or that use environmentally friendly plastic bags in replacement of non-biodegradable plastic bags; to establish and expand organizations engaged in waste recycling and movements against plastic wastes.

- To formulate plans and synchronously deploy models of tourist attractions, tourist accommodation establishments and service establishments nationwide, especially in coastal areas, which do not use single-use plastic products and non-biodegradable plastic bags.

- To develop programs and plans on the collection of plastic wastes discharged  into the environment (including collection, recycling and treatment of plastic wastes discharged into river basins, coastal areas, beaches, tourist areas, boat locks and coastal fish markets, etc.).

- To strengthen the inspection and supervision of the implementation of regulations on the collection and treatment of plastic wastes generated from activities of marine tourism, marine shipping, and aquaculture and fishing; to minimize the discharge and loss of fishing gear.

 - To organize the inspection and supervision of environmental protection tax collection for the production and consumption of non-biodegradable plastic bags in areas under the management of the locality; to ensure the correct and sufficient collection of environmental protection tax.

 - To research on and apply advanced and modern technologies in the collection, recycling and treatment of plastic wastes; technologies for recycling plastic wastes into fuels, building materials and other plastic products.

- To boost up the investment in and development of technologies for producing environmentally friendly products in replacement of plastic products; to research on, design and produce optimal plastic packaging and products in order to minimize the norm of plastic materials or products.

 - To promote research on and production of equipment for collecting and transporting plastic wastes discharged in rivers, streams, canals and sea areas.

- To improve the capacity of key laboratories to meet the requirements of research, testing, assessment and certification of quality of packaging products in replacement of plastic products, environmentally friendly biodegradable plastic bags in accordance with Vietnam’s regulations.

 - To apply information technology in monitoring and management of production, collection, transportation, recycling and treatment of plastic wastes;  to promote the development of waste recycling and treatment market;  to build, update and integrate the database on plastic management into the national environmental database system.

 - To intensify the examination, inspection and handling of organizations and individuals that violate the law on environmental protection in the production and distribution of plastic products and collection, transportation and treatment of wastes, including plastic wastes.

 (The list of priority tasks and projects is specified in Appendix enclosed herewith)

III. IMPLEMENTATION FUNDS AND TIME

 1. Funds for implementing the scheme

 - Funds for implementing the scheme shall be allocated from the state budget and mobilized from other capital sources (own capital of enterprises, loans from credit institutions and international sponsors).

 - Funds for implementing tasks in service of state management, such as reviewing and improving the organizational system, mechanisms, policies and law regulations;  formulating standards and technical regulations;  training and developing human resources;  developing the market;  disseminating and raising awareness, etc., shall be allocated from the state budget through annual plans and programs of ministries, branches and localities.

- Funds for implementing the investment in and development of technologies for producing environmentally friendly products and equipment for plastic waste treatment shall be mobilized from enterprises, domestic and foreign loans, financing sources or partial support from the Vietnam Environmental Protection Fund and local Environmental Protection Funds, local Development Investment Funds, public-private partnership (PPP) and other lawful capital sources.

2. Implementation time of the scheme: 2021 - 2026.

IV. ORGANIZATION OF IMPLEMENTATION

1. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of People's Committees of provinces and centrally-run cities shall, within the ambit of their management responsibilities, proactively formulate plans and perform tasks in accordance with the functions and tasks assigned by the Government; and submit annual reports on the implementation results to the Ministry of Natural Resources and Environment for summarization and reporting to the Prime Minister.

2. The Ministry of Natural Resources and Environment shall:

a) Assume the prime responsibility for summarizing, assessing, examining and supervising the implementation of the scheme nationwide.

b) Review, research, propose or promulgate regulations on plastic waste management according to its competence; research and propose a roadmap to restrict the production and import of single-use plastic products, non-biodegradable plastic packaging, and products and goods containing micro-plastics in the Decree detailing a number of articles of the Law on Environmental Protection; propose regulations on the responsibilities for recycling of manufacturers and importers of plastic products and plastic packaging; propose regulations on eco-labels for environmentally friendly plastic bags and products as prescribed.

c) Research, develop and promulgate regulations or guidelines for the implementation of environmental regulations in the production of products and goods containing micro-plastics and environmentally friendly plastic bags.

d) Assume the prime responsibility for the implementation of the Prime Minister's Decision No. 1746/QD-TTg dated December 4, 2019 promulgating the National Action Plan on marine plastic debris management through 2030 and the Prime Minister’s Directive No. 33/CT-TTg dated August 20, 2020 on strengthening the management, reuse, recycling, treatment and reduction of plastic wastes.

dd) Coordinate in research, application and transfer of technologies for plastic waste recycling, production of environmentally friendly products in replacement of non-biodegradable plastic bags and single-use plastic products. Guide and implement Vietnam eco-label certification for environmentally friendly plastic bags and other environmentally friendly products in accordance with law provisions. Organize and guide the implementation of responsibilities for recycling of manufacturers and importers of plastic products and plastic packaging in accordance with law provisions.

e) Guide the implementation of the State’s preferential policies for investment projects to build plastic waste recycling facilities and projects to produce environmentally friendly products in replacement of non-biodegradable plastic bags and single-use plastic products.

g) Monitor and assess the situation of plastic wastes in a number of main estuaries, coastal areas, and on outpost islands with potential for tourism and marine economic development.

h) Organize the examination, inspection and handling of organizations and individuals that violate the law on environmental protection in the management of wastes in general and plastic wastes in particular.

i) Organize training and communication activities to raise awareness of producers, importers, distributors, consumers and concerned agencies on the reduction, recycling, reuse and treatment of plastic wastes. Expand communication campaigns to raise awareness of organizations and individuals on the reduction and management of plastic wastes in all provinces and centrally-run cities.

k) Detect, disseminate and grant environmental awards to models, solutions and initiatives on reducing, sorting, collecting, recycling and disposing of plastic wastes; research on and lay down criteria for reducing, sorting and collecting plastic wastes in the assessment and ranking of environmental protection performance results of provinces and centrally-run cities.

l) Develop a roadmap and guidelines for sorting domestic solid wastes and plastic wastes at source in conformity with local infrastructure and conditions, aiming to effectively reuse and recycle plastic wastes to the utmost; pilot the implementation of technological models, management models, and advanced plastic waste treatment models in Vietnam.

m) Organize the implementation of international cooperation activities in sustainable production and consumption; establish focal points to promote bilateral and multilateral cooperation in plastic waste management (promoting the Vietnam national plastics action partnership program to the World Economic Forum, and the ocean plastic waste reduction project in Vietnam to the WWF, etc.); establish focal points for participating in international conventions and treaties related to the management of wastes and ocean plastic wastes.

n) Gradually implement the building of a circular economy in line with the target of net-zero emissions; use modern technologies in the production of plastic products; optimize the use of raw materials and fuels in the production of plastic products; maximum the reuse and recycling of plastic wastes into raw materials and fuels for the production and people’s daily life; support the construction and formation of waste recycling market; build, update and integrate the database on plastic management into the national environmental database system.

3. The Ministry of Finance shall:

a) Review and improve financial mechanisms and policies to restrict the use of non-biodegradable plastic bags and single-use plastic products; encourage investment in the production and consumption of environmentally friendly products; research and propose competent authorities to amend the environmental protection tax rate for non-biodegradable plastic bags and add environmental protection tax for single-use plastic products for domestic purposes at the appropriate time.

b) Organize the inspection of environmental protection tax collection for the production of single-use plastic products and non-biodegradable plastic bags.

4. The Ministry of Industry and Trade shall:

a) Guide production establishments to change the design of plastic packaging and plastic products in the direction of minimizing the norm of plastic materials/plastic products; support and promote production establishments in order to gradually increase the proportion of recycled plastic materials in products.

b) Direct the organization and mobilization of production enterprises, shopping centers, supermarkets and retail stores to register for participation in the movement against plastic wastes; direct the building of models of shopping centers, markets and supermarkets that do not use single-use plastic products and non-biodegradable plastic bags.

c) Propose mechanisms and policies to develop the production and consumption of recycled plastic products as well as the production of plastic products using plastic scraps in association with the development of the environmental industry.

d) Assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, assessing the demand for using plastic scraps as raw materials for domestic production and the demand for importing plastic scraps from abroad as a basis for adjusting the list of scraps eligible for import into Vietnam according to each stage of the country’s development.

5. The Ministry of Science and Technology shall:

a) Continue to invest in and enhance the capacity of key laboratories, meeting the requirements of research, testing and assessment of environmentally friendly products in replacement of non-biodegradable plastic bags and single-use plastic products.

b) Deploy scientific research programs and projects on the recycling and treatment of plastic wastes into raw materials and fuels, and the production of environmentally friendly products in replacement of non-biodegradable plastic bags and single-use plastic products.

c) Assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, researching, receiving and transferring advanced and modern technologies in the recycling and treatment of plastic wastes.

6. The Ministry of Information and Communications shall:

a) Direct news and press agencies and grassroots information systems to disseminate and raise people’s sense of responsibility and awareness about the adverse impacts of non-biodegradable plastic bags and single-use plastic products on the environment, and encourage the use of environmentally friendly products.

b) Cooperate with the Ministry of Natural Resources and Environment in disseminating regulations on environmental protection, regulations on the reduction and treatment of plastic wastes, and the adverse impacts of plastic wastes on the environment and human through various types of press and grassroots information systems, aiming to raise people’s awareness and sense of responsibility.

7. The Ministry of Education and Training shall:

a) Formulate and integrate contents on the management of plastic wastes, non-biodegradable plastic bags and single-use plastic products into training programs of different educational levels with appropriate forms and contents.

b) Guide and set the reduction, sorting and collection of plastic wastes as a criterion for evaluating green, clean, beautiful and safe schools nationwide.

8. The Ministry of Agriculture and Rural Development shall:

a) Effectively implement the national target program on new rural construction, which adds criteria for management and treatment of plastic wastes. Complete guidance on the implementation and recognition of environmental standards in communes and districts in accordance with current regulations.

b) Formulate plans and implement activities of reduction, collection, recycling, treatment and management of plastic wastes in agricultural, forestry and fishery production activities.

c) Direct the inspection, supervision and management of discarded fishing gear in aquaculture and fishing activities.

9. The Ministry of Planning and Investment shall:

a) Assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment, the Ministry of Finance and localities in, allocating capital sources for plastic waste management in accordance with programs and plans approved by competent authorities; providing guidelines to restrict the implementation of investment projects in the production of single-use plastic products and non-biodegradable plastic bags.

b) Control and limit public investment capital for projects involved in the production of single-use plastic products and non-biodegradable plastic bags.

c) Direct the implementation of public-private cooperation in the domain of plastic waste reduction, recycling and treatment.

d) Assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment and People’s Committees of provinces and centrally run cities in, reviewing and proposing the establishment of industrial parks for waste and plastic waste recycling.

10. The Ministry of Health shall:

a) Direct the reduction, sorting, reuse, recycling and treatment of plastic wastes at medical establishments, pharmacies, and pharmaceutical manufacturing facilities.

b) Promulgate regulations on quality of recycled plastic products used as food packaging and beverage bottles in order to ensure that such products have no adverse impacts on human health.

c) Boost up investment, research and application of new and modern technologies in the development of environmentally friendly products and materials in replacement of single-use plastic products and non-biodegradable plastic bags in the health sector.

11. The Ministry of Culture, Sports and Tourism shall:

a) Formulate plans and organize the implementation of activities and movements against non-biodegradable plastic bags and single-use plastic products at tourist attractions, tourist accommodation establishments, and hotels nationwide.

b) Direct organizations and individuals not to use non-biodegradable plastic bags and single-use plastic products in culture, sports and tourism events nationwide.

12. People's Committees of provinces and centrally run cities shall:

a) Coordinate with ministries and branches in organizing the implementation of mechanisms, policies, laws and solutions on plastic waste management in their respective localities. Review, amend, supplement and formulate new regulations on the reduction, reuse, recycling and treatment of plastic wastes in accordance with current regulations and actual local conditions; guide the formulation of management regulations and conventions aimed at mobilizing the participation of the community in plastic waste management and environmental protection; provide for the management of fast food delivery services in the direction of minimizing the use of plastic packaging; promote the use of boxes and packaging made of reusable and environmentally friendly materials.

b)  Come up with solutions to curb the new investment in establishments producing single-use plastic products and non-biodegradable plastic bags for domestic purposes in areas under their management.

c) Develop a plan and roadmap to restrict and eventually ban the use of non-biodegradable plastic bags at shopping centers, supermarkets, and people’s markets; request supermarkets, shopping centers and convenience stores to publicly list the prices of plastic bags for customers; direct the synchronous implementation of solutions to the sorting, collection, recycling and treatment of plastic wastes for urban centers and concentrated rural residential areas; expand the scope of collection, transportation and treatment of domestic solid wastes in rural and mountainous communes in areas under their management.

d) Allocate annual local environmental budgets to support the collection and treatment of plastic wastes; build up and deploy effective models of management of wastes generated from the use of single-use plastic products and non-biodegradable plastic bags in conformity with local characteristics; review, inventory and publish a list of organizations and individuals that produce single-use plastic products, non-biodegradable plastic bags, biodegradable plastic bags and environmentally friendly products in areas under their management.

dd) Coordinate with the Ministry of Planning and Investment and the Ministry of Natural Resources and Environment in reviewing and allocating the land fund, and proposing the establishment of industrial parks and industrial clusters for recycling of wastes and plastic wastes in accordance with law provisions.

e) Direct tourist attractions, tourist accommodation establishments, hotels not to use non-degradable plastic bags and single-use plastic products in areas under their management; direct the collection and treatment of plastic wastes discharged into the environment (in rivers, streams, canals, beaches, coastal fishing ports and marine protected areas).

g) Implement preferential policies as prescribed for investment projects on the construction of plastic waste recycling and treatment facilities and projects on the production of environmentally friendly products in replacement non-degradable plastic bags and single-use plastic products.

h) Actively seek for and mobilize all economic sectors to invest in the field of waste sorting, collection, transportation and treatment in localities; guide and organize the sorting of domestic solid wastes and plastic wastes at source in conformity with specific natural and socio-economic conditions of each locality.

i) Organize training courses and dissemination activities to enhance the capacity and raise awareness and sense of responsibility of units that produce, distribute and consume plastic products as well as organizations and individuals that use and discharge plastic wastes; come up with solutions to encourage consumers to bring their bags and packages when shopping; promptly reward individuals and organizations with high achievements in the movement against plastic wastes or with valuable initiatives on plastic waste management.

k) Coordinate in the examination and supervision of environmental protection tax collection for the production of single-use plastic products and non-degradable plastic bags in their localities.

l) Intensify the inspection, examination and supervision of plastic waste collection, transportation and treatment units in their localities; take measures to monitor and handle shopping centers, supermarkets and convenience stores that provide free plastic bags to customers in their localities.

Article 2. This Decision takes effect on the date of its signing.

Article 3. The Minister of Natural Resources and Environment, ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People's Committees of provinces and centrally-run cities, and related organizations and individuals shall implement this Decision./.

For the Prime Minister

The Deputy Prime Minister

Le Van Thanh

* All Appendices are not translated herein.