Imported scrap is a vital raw material for recycling industries (paper, plastics, steel, non-ferrous metals…) — but also the most tightly controlled area of Vietnamese environmental law. Not everyone may import, not every scrap type may be imported, and each shipment must be backed by a deposit and quality inspection.
This article systematizes the conditions, dossier and responsibilities for importing scrap as production materials under 2026 law.
1. Current legal framework
- The 2020 Law on Environmental Protection (72/2020/QH14, effective 1 January 2022; amended by the 2025 Law amending 15 laws, effective 1 January 2026);
- Decree 08/2022/ND-CP, Article 45 (amended by Decree 05/2025/ND-CP): environmental requirements and responsibilities of scrap importers;
- The List of scrap permitted for import as production materials, issued by the Prime Minister (applicable from 1 June 2023).
2. Five mandatory conditions (Clauses 1–5, Article 45)
- (1) Qualified production facility: recycling/reuse technology and equipment, scrap storage warehouses/yards meeting environmental requirements; an appropriate impurity treatment plan;
- (2) Impurity treatment: technology and equipment for accompanying impurities meeting environmental technical standards — otherwise transfer to a qualified unit;
- (3) Compliant storage: rainwater collection and wastewater treatment systems; waterproof, load-bearing flooring; non-combustible walls/partitions; sun/rain roofing; dust and wind mitigation measures;
- (4) License: an environmental license or component environmental license (certificate of environmental eligibility for scrap import) — except Clause 18, Article 168 cases and scrap generated from non-tariff zones, export processing zones and export processing enterprises;
- (5) Environmental deposit: placed before scrap is unloaded at port (sea imports) or before import into Vietnam (other cases).
3. Only List-permitted scrap may be imported
Organizations and individuals may only import scrap on the List of permitted scrap issued by the Prime Minister, in the exact types and volumes stated in the environmental license. Wrong types or excess volumes constitute violations and shipments may be ordered for re-export.
4. Dossier for each shipment (Clause 8, Article 45)
Beyond ordinary customs documents, scrap import dossiers must include:
- Quality certificate from the exporting country (if any); certificate of origin (if any); photos or description of the scrap;
- Written confirmation of the placed scrap import deposit;
- Quality inspection certificate for the scrap shipment;
- Written commitment on re-export or treatment if the scrap fails environmental requirements (Form, Appendix XXI of Decree 08/2022/ND-CP).
5. Post-import responsibilities (Clause 9, Article 45)
- Import the exact permitted types and volumes;
- Use all imported scrap as production materials for manufacturing products and goods;
- Identify and classify waste generated from using the scrap for appropriate treatment;
- Bear legal responsibility for the import and use; pay all costs of handling violating scrap imports.
Hard rule: scrap may only be imported for one’s own production facility — not for scrap trading.
6. Frequently asked questions
Q: May individuals import scrap?
A: The law allows organizations and individuals — but all five conditions must be met, including a production facility and an environmental license. Small individuals can hardly qualify in practice.
Q: What if imported scrap fails standards?
A: Follow the commitment: re-export or treat as prescribed; all costs borne by the importer; the deposit secures this obligation.
Q: Does scrap from export processing enterprises need the license?
A: Scrap generated from non-tariff zones, export processing zones and export processing enterprises follows separate rules (no component environmental license required as in ordinary cases).
Planning to import scrap as production materials? Contact us for advice.
This article was prepared by the FLAW AI Legal Council. Content is pending QA Council review before submission for approval; information is for reference only and does not replace legal advice for your specific case.