Waste and scrap
- Document symbol
- G/LIC/N/3/VNM/2
- Original language
- English
- Published on
- 26/09/2014
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Steel scrap, plastic scrap, paper scrap for production; glass scrap, non-ferrous metal scrap, slag from iron or steel industry for production.
Q3. The system applies to goods originating in and coming from which countries?
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
Non-automatic licensing to protect human, animal or plant life and health; protect environment.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
Decision 73/2014/QD-TTg of the Prime Minister dated 19th December 2014 promulgating the list of import scraps for production; Decree 38/2015/ND-CP of the Government dated 24th April 2015 on the management of waste and scrap; Decree 40/2019/ND-CP of the Government dated 13th May 2019 amending and supplementing a number of articles of decrees on detailing and guiding the implementation of the Law on Environmental Protection (coming into force from 1st July 2019); Circular 41/2015/TT-BTNMT dated 9th September 2015 of the Minister of Natural Resources and Environment on environmental protection in scrap importing for production; Circular 08/2018/TT-BTNMT dated 14th September 2018 of the Minister of Natural Resources and Environment promulgating National Technical Regulations on Environment for imported steel scraps; imported plastic scraps; imported paper scraps for production; Circular 09/2018/TT-BTNMT dated 14th September 2018 of the Minister of Natural Resources and Environment promulgating National Technical Regulations on Environment for imported glass scrap; imported non-ferrous metal scraps; imported slag from iron or steel industry for production.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
N/A
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
N/A
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
N/A
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
N/A
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
N/A
Q6.V. What are the minimum and maximum lengths of time for processing applications?
N/A
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
N/A
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
N/A
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
N/A
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
N/A
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
N/A
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
N/A
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Q7.b. Can a licence be granted immediately on request?
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Ministry of Natural Resources and Environment