Mr. Duy's company has learned about the provisions of Decree No. 08/2022/ND-CP, but there are some unclear contents. Mr. Duy asked, if the company imports or manufactures products or materials that do not contain any POPs listed in Appendix XVII issued together with Decree No. 08/2022/ND-CP, does it have to register for an exemption or not?

If an exemption is not required, does the company have to present proof that the products and materials are POP-free? What is acceptable evidence (test results, conformity assessment or manufacturer's POP-free statement)?

In addition to showing proof that it does not contain POPs, do products and materials have to be labeled with information disclosure labels?

If I have to apply for an exemption, how long does it take to apply for an exemption?

In Clause 2, Article 40 of Decree No. 08/2022/ND-CP states "Vietnam recognizes and acknowledges conformity assessment results for raw materials, fuels, materials, products, goods and equipment containing POPs shall be carried out by a competent national or international organization in accordance with the law".

So, has the Ministry of Natural Resources and Environment published a list of international organizations and countries that are eligible to be recognized and recognized for conformity assessment results? If so, where is it published?

Are there detailed guidelines on conformity assessment and labeling based on Articles 39 and 40 of Decree No. 08/2022/ND-CP?

Mr. Duy said that it would be difficult for the company to carry out testing, evaluation and labeling for each individual product unit, and would incur huge costs.

He asked the Ministry of Natural Resources and Environment to guide the implementation of this regulation.

The Ministry of Natural Resources and Environment responded to this issue as follows:

According to the provisions of Article 38 of Decree No. 08/2022/ND-CP dated January 10, 2022 of the Government detailing a number of articles of the Law on Environmental Protection, organizations and individuals (enterprises) which import, manufacture and use POP substances in Appendix XVII of Decree No. 08/2022/ND-CP as raw production materials, must register for POP exemption.

Therefore, enterprises that import and manufacture products and materials that do not contain POPs in the Appendix mentioned above are not required to register for POP exemption.

According to the above regulations, enterprises are not required to present evidence (relevant records and papers) proving that products and materials do not contain POPs, but still carry out customs procedures or assess conformity. and label information disclosure in accordance with relevant laws.

Drafting the National Technical Regulation on the limitation of POP 

According to the provisions of Clause 2, Article 40 of Decree No. 08/2022/ND-CP and regulations of law on product and goods quality management (Clause 2, Article 26 of the Law on Product and Goods Quality; Clause 8, Article 1 of Decree No. 74/2018/ND-CP dated May 15, 2018 of the Government amending and supplementing a number of articles of Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government. The Government shall detail the implementation of a number of articles of the Law on Product and Goods Quality), the Vietnam Environment Administration, the Ministry of Natural Resources and Environment will publish a list of conformity assessment organizations set up by the Ministry of Natural Resources and Environment. The school issues certificates of eligibility to operate environmental monitoring services for persistent pollutants and raw materials, fuels, materials, products, goods and equipment containing persistent pollutants. and international and national organizations capable of conducting conformity assessment as prescribed by law on the website of the Ministry or the General Department.

Article 39 and Article 40 of Decree No. 08/2022/ND-CP clearly stipulate labeling, information disclosure and conformity assessment for persistent pollutants and raw materials, fuels and materials, products, goods and equipment containing persistent pollutants.

Currently, the Ministry of Natural Resources and Environment is developing a draft National Technical Regulation on the limitation of POPs in raw materials, materials, products, goods and equipment (expected to be issued in 2022), which stipulates the sampling procedure for testing, conformity assessment and labeling to ensure effective management of environmental protection as well as to ensure conformity and convenience in import activities, production and use of POP substances and raw materials, materials, products, goods and equipment containing POPs of enterprises.