Modifications to Mandatory Recycling Rates and Specifications from January 6, 2025 in Vietnam

On January 6, 2025, the Government of Vietnam issued Decree 05/2025/ND-CP, which amends the mandatory recycling rates and specifications, effective from January 6, 2025.

1. Amendments to Mandatory Recycling Rates and Specifications

Based on Clause 34, Article 1 of Decree 05/2025/ND-CP (amending and supplementing Article 78 of Decree 08/2022/ND-CP), the mandatory recycling rates and specifications from January 6, 2025, are as follows:

1.1. Recycling Rate

• 1.1.1. The mandatory recycling rate is the minimum percentage of the weight of products and packaging that must be collected and recycled according to mandatory recycling specifications during the year of responsibility, based on the total weight of products and packaging produced or imported and put on the market during that year.
  • The mandatory recycling rate for each type of product and packaging is determined based on its lifecycle, disposal rate, and collection rate, as well as national recycling goals, environmental protection requirements, and socio-economic conditions for each period.
• 1.1.2. The mandatory recycling rate for each type of product and packaging for the first three years is specified in Column 4 of Appendix XXII, issued with Decree 05/2025/ND-CP.
  • The mandatory recycling rate will be adjusted every three years, increasing progressively to meet national recycling goals and environmental protection requirements.
• 1.1.3. Producers and importers can recycle their own products and packaging or recycle similar products and packaging specified in Column 3 of Appendix XXII, issued with Decree 05/2025/ND-CP, that were produced or imported by other producers or importers to meet the mandatory recycling rate.
  • The recycling of imported scrap, packaging that is industrial waste, and defective products discarded during the production process will not be counted toward the producer’s or importer’s mandatory recycling rate.
• 1.1.4. If a producer or importer recycles products or packaging at a rate higher than the mandatory rate specified in clauses (i) and (ii), the excess weight can be carried over and counted toward the mandatory recycling rate for subsequent years.

1.2. Recycling Specifications

The mandatory recycling specifications are the recycling solutions chosen for each product and packaging, as specified in Column 5 of Appendix XXII, issued with Decree 05/2025/ND-CP.

2. Entities Exempt from Recycling Responsibility

Based on Clause 3, Article 77 of Decree 08/2022/ND-CP (amended and supplemented by Clause 33, Article 1 of Decree 05/2025/ND-CP), the following entities are exempt from recycling responsibility:

• 2.1. Producers and importers of products and packaging for export, temporary import, re-export, or for research, study, and testing purposes, as stipulated in Clause 1, Article 54 of the 2020 Law on Environmental Protection.
• 2.2. Producers and importers with annual revenue from the sale of products specified in Clause 2, Article 77 of Decree 08/2022 (amended and supplemented by Clause 33, Article 1 of Decree 05/2025/ND-CP) of less than 30 billion VND.
• 2.3. Producers who have put packaging on the market but have then recovered and re-packaged it to put back on the market, where the re-packaging rate is equal to or higher than the mandatory recycling rate specified in Column 4 of Appendix XXII, issued with Decree 05/2025/ND-CP.

3. List of Products and Packaging Subject to Mandatory Recycling

The list of products and packaging subject to mandatory recycling, along with their mandatory recycling rates and specifications, is detailed in Appendix XXII, issued with Decree 05/2025/ND-CP.

Source: thuvienphapluat