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PROCEDURES FOR IMPORTING WASTE PAPER!

Service: Other

Expiry date: 31-12-2035 Ref #19126

Procedures and conditions for importing scrap

1. Legal basis:
- Decision No. 73/2014/QD-TTg dated December 19, 2014 of the Prime Minister
- Joint Circular No. 34/2012/TTLT-BTC-BTNMT dated November 15, 2012 of the Ministry of Industry and Trade - Ministry of Natural Resources and Environment;
- Circular No. 01/2013/TT-BTNMT dated January 28, 2013 of the Minister of Natural Resources and Environment
2. Some concepts
- Scrap: is a product or material discarded from the production or consumption process that is recovered for use as raw materials for production.
- Traders directly using imported scrap as raw materials for production: are traders with production facilities, using imported scrap as raw materials to produce products at their production facilities.
- Import consignment trader: is a trader who imports scrap according to an import consignment contract signed with a trader who directly uses imported scrap as raw materials for production.
(Pursuant to Article 3, Joint Circular No. 34/2012/TTLT-BTC-BTNMT)
- Import entrusting trader: is a trader who directly uses scrap as raw materials for production but does not directly import scrap but entrusts another trader to import it for him as raw materials for production.
- Certificate of eligibility to import scrap: is a Certificate issued to traders who meet the conditions as prescribed in Joint Circular No. 34/2012/TTLT-BTC-BTNMT having a production facility using imported scrap as raw materials for production at their production facility.
(Pursuant to Article 3, Joint Circular No. 34/2012/TTLT-BTC-BTNMT)
3. Subjects and conditions for importing scrap
3.1. Subject
3.1.1. Traders directly using imported scrap as raw materials for production must meet the following conditions:
+ Have a warehouse (owned or co-owned, or rented) dedicated to the collection of scrap that ensures environmental protection conditions;
+ Have technology and equipment to recycle imported scrap as raw materials for production;
+ Have plans and solutions for handling imported scrap that meet environmental protection requirements; ensure that all waste from the production process is treated to meet environmental technical standards;
+ Have complied well with the provisions of the law on environmental protection
(Pursuant to Point 1, Article 4, Joint Circular No. 34/2012/TTLT-BTC-BTNMT)
3.1.2. Entrusted importers must meet the following conditions:
+ Have an import authorization contract signed with a trader who has been granted a Certificate.
+ The contract for importing scrap must clearly state the type of imported scrap and the composition of imported scrap in accordance with the issued Certificate.
+ Scrap must be on the List of scrap permitted to be imported as raw materials for production issued by the Ministry of Natural Resources and Environment.
+ The scrap import contract must clearly state the origin and composition of the imported scrap in accordance with the import authorization contract and commit to re-exporting the scrap in case the imported scrap arrives at the border gate but does not meet the requirements as prescribed in Joint Circular 34/2012/TTLT-BCT-BTNMT.
(Pursuant to Point 2, Article 4, Joint Circular No. 34/2012/TTLT-BTC-BTNMT)
3.2. Conditions for imported scrap:
- Scrap must be on the List of scrap permitted to be imported as raw materials for production issued by the Ministry of Natural Resources and Environment and must meet the National Technical Regulations on the environment for imported scrap or the requirements for the description of scrap corresponding to the List of scrap permitted to be imported.
- For new types of scrap arising due to the need to use them as raw materials for production but not yet included in the List of scrap permitted for import, the Ministry of Natural Resources and Environment will consider each specific case to add them to the List of scrap permitted for import.
(Pursuant to Article 5, Joint Circular No. 34/2012/TTLT-BTC-BTNMT)
4. Application for certificate of eligibility to import scrap (Department of Environmental Protection of Dong Nai province)
- Application for Certificate (according to form in Appendix 1)
- Business registration certificate (or Enterprise registration certificate) and Tax code registration certificate (copy certified and stamped as a true copy of the original by the trader).
- One of the following documents: Decision approving the Environmental Impact Assessment Report; Certificate of registration of environmental standards; Certificate or Notice of acceptance of registration of environmental protection commitment; Decision approving or Certificate of environmental protection project (copy certified and stamped as a true copy of the original by the trader).
- The results of the most recent environmental quality monitoring of the production facility, but not more than six (06) months from the date of request for the Certificate (a copy certified and stamped as a true copy of the original by the trader). 4. Application for the Certificate
(Pursuant to Article 7, Joint Circular No. 34/2012/TTLT-BTC-BTNMT)
5. In addition to customs documents according to current regulations on customs law, scrap importers note:
- Imported scrap has been cleaned to remove waste;
- Materials, items and goods prohibited from import according to the provisions of Vietnamese law; international treaties to which the Socialist Republic of Vietnam is a member;
- Selected and classified separately according to HS code, scrap name, scrap description, quality requirements in accordance with regulations in the Lists, including:
+ List of scrap allowed to be imported from foreign countries for production materials issued together with Decision No. 73/2014/QD-TTg dated December 19, 2014 of the Prime Minister;
+ List of scrap collected during the production process of export processing enterprises and enterprises in non-tariff zones that are allowed to be imported into the domestic market as raw materials for production is issued in Appendix II attached to Circular No. 01/2013/TT-BTNMT dated January 28, 2013 of the Minister of Natural Resources and Environment.
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