Decree No. 08/2022/ND-CP

The Decree was promulgated to elaborate on several provisions of the Law on Environmental Protection, 2020 (LEP).

The Decree imposes liability on the producers and importers of specified products (including batteries and cells) to recycle them according to mandatory recycling rates and specifications. It defines ‘mandatory recycling rate’ to mean the ratio of the minimum weight of a product that must be recycled to the total weight of a product manufactured, put on the market and imported in the year in which the responsibility is fulfilled. 

Producers and importers have the option to select any one of the methods specified in Article 54(2) of the LEP to meet this obligation – by organizing recycling or by making a financial contribution to the Vietnam Environment Protection Fund. They may ‘organise recycling’ by carrying it out themselves, hiring a recycling service provider, or authorizing an intermediary organization, or a combination of the above. The Decree also sets out the formula for determining the quantum of financial contribution required to be made by the producers and importers to meet their obligations. 

Producers and importers of batteries and cells had until 1 January 2024 to comply with their recycling obligations.

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