THE PRIME MINISTER
Decision No. 16/2015/QD-TTg dated May 22, 2015 of the Prime Minister on 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/ND-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 adjustment and subject of application
1. Scope of adjustment:
This Decision provides regulations on recall and treatment of discarded products throughout the Socialist Republic of Vietnam.
2. Subject of application
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/ND-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.