Legal Document
Circular 41/2015/TT-BTNMT guides order, procedures for issuance, re-issuance and revocation of certification of eligibility for environmental protection in import of scrap for use as raw production materials; the appointment of organizations to be involved in certification of conformity with environmental technical regulation of scrap imported for use as raw production materials.
The Circular applies to state management organs, domestic and foreign organizations or individuals related to the import of scrap from foreign countries as raw production materials; import of scrap for testing as raw production materials; entrusted import for organizations or individuals using scrap from foreign countries as raw production materials.
This Circular replaces all forms of application for licensing the import of scrap provided in Joint Circular No.34/2012/TTLT-BCT-BTNMT dated November 15, 2013; amends the authority to issue certification of eligibility for environmental protection in import of scrap under a tighter manner.
Accordingly, the Ministry of Natural Resources and Environment shall issue the certification for cases of importing scrap with a large volume (based on Annex I of this Circular) and import under entrustment. The Departments of Natural Resources and Environment only issue the certification for cases of importing scrap in small quantity instead of licensing for the import of scrap regardless of volumes.
Additionally, Article 9 of this Circular said that the import of scrap not included in the list of scrap permitted for import for testing as raw production materials is permitted if the conditions specified in Clause 1, Article 56 of Decree No.38/2015/ND-CP are satisfied.
Circular No. 41/2015/TT-BTNMT becomes effective from October 27, 2015 and annuls Joint Circular No. 34/2012/TTLT-BCT-BTNMT dated November 15, 2015.
List Measures/Standards
| Name | Description | Status | Measures/Standards | Measure Class |
|---|---|---|---|---|
| Using imported scrap as raw material production must have certification for environmental protection | State management organs, domestic and foreign organizations or individuals related to the import of srap from foreign countries as raw production materials; import of scrap for testing as raw production materials; entrusted import for organizations or individuals using scrap from foreign countries as raw production materials have to apply for Certification of eligibility for environmental protection in import of scrap for use as raw production materials | Active | Measure | Goods |
| Import of scrap samples not included in the List of scraps permitted for import for analysis must have approval from MONRE | The organizations or individuals wish to import scrap not included in the List of scrap permitted for import as stipulated by the competent authorities for testing as raw production materials shall send as raw production materials written request for import of scrap for analysis under the form specified in Annex 9 issued with this Circular to the Ministry of Natural Resources and Environment for consideration and approval in writing. The written approval is the ground for the customs authorities to consider and permit the import of scrap sample into Vietnam | Active | Measure | Goods |
| Import of scraps not included in the List of scraps permitted for import for testing as raw production materials must have written permission of the Prime Minister | Organizations or individuals directly using scrap imported for use as raw production materials should: Import the correct type and quantity of scrap permitted for import specified in the Certification; Use all scrap imported for use as raw production materials at their production facility | Active | Measure | Goods |
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