The Government on May 13, 2019 released Decree No. 40/2019/ND-CP amending and supplementing some of articles of the decrees detailing and guiding the implementation of the Law on Environmental Protection (“Decree 40”).

Question: What are the new regulations on scrap imports?

Answer: Under Decree 40, scrap imports are only allowed to be unloaded at the port when they meet the following requirements:

The person or organization as consignee on the e-manifest has the valid Certificate of Eligibility for Environmental Protection in importing scraps as raw materials with a particular allowed volume of scraps;

The person or organization as consignee on the e-manifest has the Letter of Confirmation on the deposit to ensure importing the volume of scraps indicated in the e-manifest.

Under Decree 40, only organizations and individuals with production facilities using scrap imports that meet the following requirements are eligible to import scraps as production materials:

(i) meeting the requirements and responsibility for environmental protection;

(ii) having the environmental impact assessment report approved by the Ministry of Natural Resources and Environment, in which there are the contents indicating the use of scrap imports as production materials and being granted the certificate for completion of the environmental protection work or hazardous waste disposal permits, including contents on using scraps as production materials for projects already in operation;

(iii) having the Certificate of Eligibility for environmental protection in importing scraps as production materials.

Decree 40 shall come into effect from 1 July, 2019./.