Decision No. 50/2013/QD-TTg dated August 9, 2013 of the Prime Minister providing the retrieval and disposal of discarded products

THE PRIME MINISTER

Decision No. 50/2013/QD-TTg of August 9, 2013, providing the retrieval and disposal of discarded products

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 29, 2005 Law on Environmental Protection;

Pursuant to the Government’s Decree No. 80/2006/ND-CP of August 9, 2006, detailing and guiding 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 this Decision providing the retrieval and disposal of discarded products.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. Scope of regulation

This Decision prescribes the responsibility and right to retrieve and dispose of and the retrieval and disposal of discarded products in the territory of the Socialist Republic of Vietnam.

2. Subjects of application

This Decision applies to manufacturers, importers, consumers, and organizations and individuals engaged in the retrieval and disposal of discarded products in the territory of the Socialist Republic of Vietnam.

Article 2. Interpretation of terms

In this Decision, the terms below are construed as follows:

1. Discarded product means an expired product or a product discarded after being used.

2. Retrieval of discarded products means a manufacturer or importer recovers expired products or products discarded after being used.

3. Disposal of discarded products means a process of reuse, recycle and destruction of expired products or products discarded after being used.

4. Retrieval site means a place where discarded products are received in compliance with the law on environmental protection.

5. Discarded product collecting or disposing establishment means a business licensed to operate in compliance with the law on environmental protection.

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

The list of discarded products and the time of retrieval and disposal are specified in the Appendix to this Decision.

Chapter II

RESPONSIBILITIES AND RIGHTS OF MANUFACTURERS, IMPORTERS, CONSUMERS, DISTRIBUTORS AND DISCARDED PRODUCT COLLECTING OR DISPOSING ESTABLISHMENTS

Article 4. Responsibilities of manufacturers or importers

1. To set up discarded product retrieval sites.

2. To receive discarded products sold by manufacturers or importers in the Vietnamese market.

3. To reach agreements with consumers on the methods of delivery and receipt of discarded products in retrieval sites.

4. To transport discarded products from retrieval sites to disposing establishments.

5. To dispose of discarded products.

6. To notify in writing discarded product retrieval sites and disposing establishments to the Ministry of Natural Resources and Environment.

7. To publicize information related to discarded product retrieval sites and disposing establishments on the websites of the Ministry of Natural Resources and Environment and manufacturers or importers.

8. Annually, to report on the volume of manufactured or imported products sold in the Vietnamese market; and results of discarded product retrieval and disposal under the guidance of the Ministry of Natural Resources and Environment.

Article 5. Responsibilities of consumers, distributors and discarded product collecting or disposing establishments

1. Consumers shall hand over discarded products in retrieval sites.

2. Distributors shall participate in the retrieval of discarded products.

3. Discarded product collecting or disposing establishments which perform contracts with manufacturers or importers on retrieval or disposal of discarded products shall comply with the law on environmental protection.

Article 6. Rights of manufacturers, importers, consumers and discarded product collecting or disposing establishments

1. Manufacturers, importers, consumers and discarded product collecting or disposing establishments are eligible for incentives and supports as provided by law.

2. Manufacturers or importers which set up retrieval sites to receive discarded products being hazardous wastes are exempt from registration of hazardous waste generators.

3. Manufacturers or importers which directly retrieve or transport discarded products being hazardous wastes are exempt from registration of hazardous waste management practice, but must satisfy the following conditions:

a/ Having registered business lines of trading in products on the list of discarded products promulgated together with this Decision;

b/ Having reports on direct retrieval and transportation of discarded products certified by the Ministry of Natural Resources and Environment;

c/ Having technical equipment and solutions to control pollution and protect the environment in retrieval sites;

d/ Having special-use means and equipment for retrieving and transporting discarded products;

dd/ Having technicians in charge of the retrieval and transportation of discarded products.

4. Manufacturers or importers may cooperate with others in performing the retrieval and disposal of discarded products.

5. Manufacturers or importers may enter into contracts with collecting or disposing establishments which satisfy the operation conditions as prescribed by law to retrieve and dispose of discarded products.

Chapter III

RESPONSIBILITIES OF STATE MANAGING AGENCIES FOR RETRIEVAL AND DISPOSAL OF DISCARED PRODUCTS

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

1. To assume the prime responsibility for, and coordinate with related ministries and sectors in, submitting to the Prime Minister for amendment and supplementation the list of discarded products, the time of retrieval and disposal promulgated together with this Decision.

2. To assume the prime responsibility for, and coordinate with related ministries and sectors in, elaborating and promulgating documents to detail this Decision.

3. To conduct public information to raise the public awareness about retrieval and disposal of discarded products.

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

5. To inspect, examine and handle organizations and individuals that violate the regulations on retrieval and disposal of discarded products.

Article 8. Responsibilities of other ministries and sectors

Other ministries and sectors shall, within the ambit of their functions, tasks and powers, coordinate with the Ministry of Natural Resources and Environment in elaborating documents guiding incentives and supports for retrieval and disposal of discarded products.

Article 9. Responsibilities of provincial-level People’s Committees

1. To conduct public information to raise the awareness of consumers to participate in retrieval and disposal of discarded products.

2. To support manufacturers or importers in setting up discarded product retrieval sites in suitable locations in their localities.

3. To manage discarded products in compliance with the law on environmental protection.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 10. Organization of implementation

The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with ministries, sectors and provincial-level People’s Committees in, implementing this Decision.

Article 11. Effect

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

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decision.-

Prime Minister
NGUYEN TAN DUNG

Appendix

THE LIST OF DISCARDED PRODUCTS, TIME OF RETRIEVAL AND DISPOSAL

(To the Prime Minister’s Decision No. 50/2013/QD-TTg of August 9, 2013)

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