2026 marks a significant tightening of industrial waste management in Vietnam. Decree 110/2026/ND-CP (effective 25 May 2026) imposes mandatory Extended Producer Responsibility (EPR); Circular 09/2026 tightens storage conditions for industrial solid waste and shortens environmental procedures; Decree 48/2026 (amending Decree 08/2022/ND-CP) authorizes unannounced inspections. Manufacturers and importers should review their compliance obligations now to avoid penalty risks.
1. Mandatory Extended Producer Responsibility — Decree 110/2026/ND-CP
Decree 110/2026/ND-CP, effective 25 May 2026, sets out the extended responsibility of producers and importers for products and packaging:
- Two compliance options: organize recycling at mandatory rates and specifications; or make financial contributions to the Vietnam Environment Protection Fund.
- Scope: applies only to organizations and individuals listed in Appendix I of the Decree — businesses must check Appendix I directly and should not extend the scope to products outside the list.
- Quantitative figures (mandatory recycling rates, contribution levels) must be cited directly from the original text of Decree 110/2026/ND-CP and its guiding documents.
2. Tighter waste storage conditions — Circular 09/2026
- Industrial solid waste storage: stricter requirements on warehouses, sorting, and storage duration.
- Hazardous waste: dedicated sealed containment tanks meeting detailed technical standards — businesses generating hazardous waste must invest in compliant storage infrastructure.
- Environmental procedures: processing time shortened from 45 days to 32 days — easier for businesses, but files must be complete and accurate from the outset.
3. Unannounced inspections — Decree 48/2026
Decree 48/2026/ND-CP (amending Decree 08/2022/ND-CP) introduces unannounced environmental inspections without prior notice to businesses. Environmental dossiers, waste storage facilities, and treatment systems must therefore remain compliant at all times.
4. Administrative penalties
Penalties for environmental violations are set out in Decree 45/2022/ND-CP. Before citing any specific fine level, businesses and advisors should verify the current validity of Decree 45/2022/ND-CP, as the penalty framework may have been amended.
5. Recommendations for businesses
- Check Appendix I of Decree 110/2026/ND-CP to determine whether mandatory EPR applies; if so, choose between recycling or financial contribution.
- Review and upgrade solid waste storage and hazardous waste containment to the standards in Circular 09/2026.
- Standardize environmental dossiers to stay ready for unannounced inspections under Decree 48/2026.
- Verify the validity of Decree 45/2022/ND-CP before assessing penalty exposure.
Frequently asked questions
Which businesses are subject to EPR under Decree 110/2026?
Only organizations and individuals manufacturing or importing products and packaging listed in Appendix I of Decree 110/2026/ND-CP. Check Appendix I directly; do not extend the scope.
How long do environmental procedures take now?
Under Circular 09/2026, processing time is shortened from 45 days to 32 days.
Can authorities conduct unannounced environmental inspections?
Yes. Decree 48/2026/ND-CP (amending Decree 08/2022/ND-CP) authorizes unannounced environmental inspections without prior notice.
Cited legal instruments
- Decree 110/2026/ND-CP (effective 25 May 2026)
- Circular 09/2026
- Decree 48/2026/ND-CP (amending Decree 08/2022/ND-CP)
- Decree 45/2022/ND-CP (verify validity before citing fine levels)
See also: Corporate Legal Services.
Legal notice
The legal content of this article is reviewed by the FLAW AI Legal Council and submitted to the owner for approval; it is not an opinion of a licensed lawyer and does not replace legal advice for specific cases.
Need an environmental compliance review for your factory? Contact FLAT Law Firm for support.
Related articles
- Land rent exemption and reduction for investment projects: 2026 conditions
- Tax on Facebook and Google ads: contractor tax withholding for cross-border services
- Out-of-network health insurance treatment: latest reimbursement rates
- New plant variety protection: conditions for granting protection titles
- VAT input deduction: invoice conditions and cashless payment requirements
