New guidance on import procedure of scraps for use as raw production materials

Imported scraps. Photo: N.Linh

This was the guidance of General Department of Vietnam Customs to provincial customs departments relating to extending the certification of eligibility for environmental protection in import of scrap for use as raw production materials.

Previously, on October 29, the Ministry of Natural Resources and Environment issued Notice No. 76/TB-BTNMT on the extension of certification of eligibility for environmental protection in import of scrap from abroad for use as raw production materials in accordance with the content of the regular meeting resolution in August 2020, No. 129/NQ-CP of the Government dated September 11, 2020.

To reach agreement for implementation, the General Department of Vietnam Customs said it has made adjustments on extension for certifications until December 31, 2021 and the volume of scrap allowed to be imported within the time allowed to be extended on the Escrap import scrap management software (the time of adjustment is the starting date to be extended according to Notice No. 76/TB-BTNMT).

Provincial customs departments directed customs branches when implementing procedures for importing scrap under the certification of eligibility for environmental protection in import that is extended must be compared for information about quantity, category of scrap being extended between the Appendix 1 issued together with Notice No. 76/TB-BTNMT and the volume and type of scrap to be extended on the Escrap Import Scrap Management Software; in case of any disparity or inconsistency, they should report to the General Department of Vietnam Customs.

Notice No.76/TB-BTNMT stated that: Extending until the end of December 31, 2021 for certification of eligibility for environmental protection in import of scrap for use as raw production materials (referred to as certification) has been issued by the Ministry of Natural Resources and Environment to enterprises engaged in production belong to the cases specified in Clause 39, Article 3 of Decree No. 40/2019/ND-CP, and at the same time there is no need to make a report on the assessment of environmental impact which was approved if the location was not changed or scaled up as prescribed in Article 20 of the Law on Environmental Protection 2014. List of enterprises having extended certification is provided in Appendix 1 attached to Notice No. 76/TB-BTNMT.

Enterprises having certifications are in the cases specified in Clause 39, Article 3 of Decree No. 40/2019/ND-CP and Section 14 of Resolution No. 129/NQ-CP have submitted dossiers for issuance or re-issuance of the certifications and checked by a State agency (before the time of promulgating Resolution No. 129/NQ-CP), must complete contents in accordance with the notice of inspection result to be re-issued or extended the certification in accordance with the law.

Departments of Natural Resources and Environment of cities and provinces should review and extend the certification to the end of December 31, 2021 for the certification issued by the Department of Natural Resources and Environment to the enterprise directly manufacturing (except in the case where the application has been sent to the Ministry of Natural Resources and Environment for the re-issuance of the certification, has already conducted physical inspection, is in the process of completing the dossier or has been re-issued by the Ministry of Natural Resources and Environment) in the cases specified in Clause 39, Article 3 of Decree No. 40/2019/ND-CP (for the certification expired after July 1, 2019, when the Decree No. 40/2019/ND-CP has effective) and Section 14 of Resolution No. 129/NQ-CP.

The extension must ensure full information as guided in Appendix 2 attached to this notice. Documents applied for extending certification of the Department of Natural Resources and Environment of provinces should be sent to the national single window portal, the General Department of Vietnam Customs (the Ministry of Finance), the Ministry of Natural Resources and Environment and enterprises which are granted an extension of the certification; at the same time, it should ensure publicity and transparency on mass media to let enterprises know, implement and do not generate more administrative procedures in accordance with the spirit of Resolution No. 129/NQ-CP.

Enterprises with an extended certification must be responsible and fully satisfy environmental protection conditions in import of scrap for use as raw production materials; fully comply with the law on environmental protection, import and use of imported scrap; ensure quantity and normal operation of machinery and equipment for scrap production and recycling and environmental protection works; treated waste must satisfy technical standards on the environment, ensure no environmental pollution, and do not affect people's lives; only import and use imported scrap as raw production materials at the production establishment in accordance with demand and in accordance with capacity, production and recycling machinery and equipment; import the correct type and volume of scrap allowed during the extension period.