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Rachelle Komarnisky

Rachelle Komarnisky is an Associate in Baker McKenzie Ho Chi Minh City office.

From 15 January 2024 foreign investors from Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) members seeking to establish retail outlets will no longer be required to comply with the Economic Need Test (ENT). This will provide an important competitive advantage for CPTPP member investors operating in Vietnam.

Vietnam has introduced a new extended producer responsibility regime that places responsibility on producers and importers to manage waste associated with the full life-cycle of their products. EPR in Vietnam is implemented via Decree No. 08/2022/ND-CP implementing some Articles in the Law on Environmental Protection, and Circular No. 02/2022/TT-BTNMT on the Detailed Implementation of some Articles in the Law on Environmental Protection.

The Ministry of Natural Resources and Environment (MONRE) released a draft decree implementing Law No. 72/2020/QH14 on Environmental Protection, which introduces Extended Producer Responsibility. Alongside the introduction of a framework for the recycling of packaging waste, the Draft Decree also proposes a mandatory recycling framework for products.