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MINISTRY
OF
INDUSTRY & TRADE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No.:
07/2012/TT-BCT
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Hanoi,
April 04, 2012
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CIRCULAR
DEFINING THE ENERGY LABELING FOR MEANS AND EQUIPMENT USING
ENERGY
Pursuant to the Decree
No.189/2008/ND-CP dated December 27, 2007 of the Government regulating
functions, duties, powers and organizational structure of the Ministry of
Industry and Trade; the Decree No.44/2011/ND- CP amending and supplementing
Article 3 of Decree No.189/2007/ND-CP dated December 27, 2007 of the Government
regulating functions, duties, powers and organizational structure of the
Ministry of Industry and Trade;
Pursuant to the Law on
Effective and Economic Use of Energy dated June 28, 2010;
Pursuant to the Decree
No.21/2011/ND-CP dated March 29, 2011 detailing and taking measures for
implementation of the Law on Effective and Economic Use of Energy;
Minister of Industry and
Trade defines the energy labeling for means and equipment using energy as
follows:
Chapter I
GENERAL PROVISIONS
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This Circular provides for order
of registration, evaluation, grant of certificates, suspension and revocation
of certificates, appointment of the testing organization and implementation of
energy labeling for means and equipment on the List of means and equipment
required for energy labeling issued by the Prime Minister or other means,
equipment are conducted energy labeling in the form of voluntary (hereinafter
referred to as means and equipment).
Article 2.
Subjects of application
This Circular shall apply to:
1. The manufacturers, importers
(hereinafter referred to as enterprises) of means and equipment specified in
Article 1.
2. The testing organizations
appointed to participate in testing means and equipment labeled energy.
3. The agencies managing energy
labeling activities and other concerned agencies, organizations and
individuals.
Article 3.
Interpretation of terms
In this Circular, the following
abbreviated words are construed as follows:
1. Labeling of energy means the
paste, add, print, engraving energy labels on the products, packaging.
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3. APLAC: Asia Pacific
Laboratory Accreditation Cooperation.
4. VILAS: Vietnam Laboratory
Accreditation Scheme.
5. ISO: International
Organization for Standardization.
6. IEC: International
Electrotechnical Commission.
7. TCVN: Vietnam standards.
Article 4.
Principles and methods of certification of labeling for means and equipment using
energy
1. Bases for the test,
evaluation and certification of means, equipment of energy saving are the TCVN
or respective regulations of the Ministry of Industry and Trade.
2. Testing organizations must be
the organizations meeting the conditions as prescribed and appointed by the
Ministry of Industry and Trade.
3. Methods of certification of
production means and equipment include:
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b) Assessment of production
conditions (in the production facilities);
c) Issuance of certificates and
its effect is not more than 03 (three) years;
d) Monitoring of products, goods
after the certification.
4. Methods of certification for
means and equipment to be imported, including:
a) Testing of the typical
samples;
b) Real assessment (warehouses);
c) Issuance of certificates for
each lot
Chapter II
CONDITIONS, ORDER AND
PROCEDURES FOR APPOINMENT OF TESTING ORGANIZATIONS AND ACCREDITATION OF TESTING
RESULTS OF THE TESTING ORGANIZATIONS
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1. Independent testing
organizations having sufficient capacity in the system VILAS, accredited
according to standards ISO/IEC 17025 or the foreign testing organizations
accredited by the accreditation bodies that have signed agreements of mutual
recognition (ILAC or APLAC).
2. Testing organizations that
have not been accredited according to standards of VILAS system, ISO/IEC 17025
but having sufficient capacity of testing the energy consumption norms of means
and equipment including:
a) With testing staffs to be
properly trained for technical speciality for testing means, equipment;
b) With testing equipment to
ensure good operation, to be maintained, tested, calibrated in accordance with
provisions and to have enough precision to perform the testing criteria;
c) With sufficient equipment in
accordance with the requirements of testing standards;
d) With adequate procedures and
guidance for testing work;
e) With compilation and storage
of the needed records: records of training testing staffs; of tracking testing
and calibration; of maintenance and maintenance of testing equipment; of
testing performance results (if any).
Article 6.
Order and procedures for appointing testing organization
1. Testing organizations wishing
for participating in testing activities to label must make registration
dossiers and submit to the General Department of Energy.
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a) A copy of certificate of
registration of testing activities in accordance with the Circular No.08/2009/TT-BKHCN
dated April 08, 2009 guiding the request, order, and procedures for
registration of conformity assessment activities.
b) A written registration for
appointment of the testing organization of energy labeling in the form in
Appendix 1;
c) A list of testers of the
testing organization registering for appointment in the form in Appendix 2;
d) A list of documents,
standards, process for testing in the form in Appendix 3;
đ) Slips, reports of testing;
e) The documents and
certificates as evidence (if any);
g) Testing operating results in
a latest year (if any).
3. Within a period of not more
than twenty working days after receipt of complete and valid dossiers, General
Department of Energy reviews dossiers, evaluates the actual capacity at the
facilities to submit to the Ministry of Industry and Trade for deciding the
appointment of testing organizations. Validity of a decision on appointment is
not more than 03 (three) years.
In case of refusal, the General
Department of Energy issues the written replies stating clearly the reasons to
the testing organizations.
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5. In case of changes,
supplement of scope, field to be appointed, the appointed testing organizations
must conduct the procedures registering for changes and supplements (new
registration) and submit dossiers as specified in clause 2 of this Article.
Article 7.
Accreditation of testing results of the foreign organizations
Results of testing means and
equipment of energy saving in foreign countries are accepted only in case of
satisfying the following conditions:
1. Testing organizations with
foreign elements must be the independent organizations accredited under
standard ISO/IEC 17025 (or equivalent) by the accreditation bodies that have
signed the mutual recognition agreements (ILAC or APLAC).
2. Testing organizations with
foreign elements must register appointment with the General Department of
Energy under the order and procedures prescribed in Article 6 of this Circular.
3. Registration dossier for
appointment includes:
a) A copy of certificate of
legal entity status or similar documents;
b) A written registration for
appointment of the testing organization of energy labeling in the form in
Appendix 1;
c) A list of testers of the
testing organization registering for appointment in the form in Appendix 2;
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đ) Slips, reports of testing;
e) A certificate of
accreditation of accreditation organization (if any);
g) Testing operating results in
a latest year (if any).
Documents on file must be
translated into Vietnamese and notarized.
4. The tests must be consistent
with the test method specified in TCVN and other respective provisions.
Chapter IV
ORDER, PROCEDURES FOR
EVALUATION, AND ISSUANCE OF CERTIFICATES OF ENERGY LABELING
Article 8.
Order, procedures for evaluation, and issuance of certificates of energy
labeling
Enterprises manufacturing and
importing means and equipment on the List mentioned in Article 1 of this
Circular participating in the certification and labeling of energy
(certification label or comparison label) should perform the following steps:
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2. Compiling dossier and sending
to the General Department of Energy, dossier includes:
a) A written registration for
certification of energy labeling for means, equipment using energy, which
clearly state that the enterprise registers for labeling comparison or
certification in the form in Appendix 4 issued together with the list of means
and equipment;
b) A Certificate of business
registration (notarized copy);
c) Copies of contracts with the
suppliers of goods in foreign countries (for importers) and declarations of
imported goods;
d) Certificates of registration
for trademarks;
đ) A written publication of the
quality standards of products and goods (copy stamped and certified by the head
of the enterprise), a brief description of the basic typical parameters of the
means and equipment;
e) Testing results granted by
the appointed testing organizations with a period of not exceeding 06 months
from date of issue;
g) Records and documents,
process of quality management of the enterprise;
h) Related records and
certificates of quality management.
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3. Certification assessment
a) Within 10 (ten) working days
after receiving complete dossiers registering for certification of energy
labeling for means, equipment, General Department of Energy reviews dossiers,
evaluate capacity of enterprises, the compatibility of the dossiers, testing
results compared with the evaluation criteria; and determine energy consumption
rate compared with standards published;
b) After the dossier evaluating
results meet the requirements, the General Department of Energy evaluate in
reality enterprises registered to participate in energy labeling and issue
decision on certifying means, equipment of energy saving.
4. Grant of certificates of
labeling energy
Where the dossier evaluating
results meet the requirements:
a) For importers, the Ministry
of Industry and Trade issues the decisions on granting certificates of energy
labeling for means and equipment to be registered. Certificates are only valid
for each lot of imported goods. The next lots of imported goods of the same
origin, same address of manufacturing plant, having no technical change
affecting the certification request, importers file reports to the General
Department of Energy for the Ministry of Industry and Trade to issue the new
certificates. If there is a change in goods origin or factory location or model
or technical design, it must be evaluated, re-certificated;
b) For manufacturers, the
Ministry of Industry and Trade issues the decisions on granting certificates of
energy labeling. Certificate is valid for a maximum period of 03 (three) years.
Certificate of energy labeling is in the form prescribed in Appendix 5 of this
Circular. Three months before the expiry of the certificate, the enterprise
must apply for re-certification.
Where the assessment results do
not meet the requirements, the General Department of Energy announces in
writing to the enterprises, clearly stating the reasons.
Article 9.
Use of energy labels
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a) Abbreviated or full name of
the manufacturer;
b) The name and code sign of
means and equipment;
c) Code of certificate issued by
the Ministry of Industry and Trade, the date of issuance;
d) Information on energy
consumption rate;
đ) Applicable standards or
regulations.
The specific technical
information for each means and equipment will be specified in the appendix of
the decision on certifying energy labels.
2. After being granted the
certificates of energy labeling, the enterprises self-print the energy labels
and paste on the means and equipment registered under the energy levels
identified in the issued certificates.
3. Energy label pasted on the
means and equipment or container with suitable size is changed its size with
increasing or decreasing ratio, not misleading, obscuring, or affecting
information recorded on labels under the law provisions.
4. Expiry of the validity of the
certificates, the enterprises shall not be allowed to continue to paste energy
labels and must conduct registration for recertification.
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1. The enterprises must
registration for re-certification when one of the following circumstances
occurs:
a) The certificate expires;
b) Evaluation criteria have
changed;
c) Means and equipment that have
been certified have the changes in energy consumption rate;
d) The contents of goods label
change;
đ) Relocation of production
place.
2. Content and recertification
procedures are implemented as the first certification.
Chapter VI
INSPECTION, MONITORING,
SUSPENSION AND REVOCATION OF CERTIFICATE OF ENERGY LABELING
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1. Periodically, irregularly,
the Ministry of Industry and Trade shall preside over; coordinate with
concerned ministries and branches to carry out sample testing of means and
equipment on the market or in the production facilities.
2. Annually, the enterprises who
have been granted certificates and labeled energy are responsible for making
reports on the number and types of means and equipment which have been
produced, consumed and labeled energy during year in the form in Appendix 7 to
the General Department of Energy and Department of Industry and Trade before
January 15 of next year.
Article 12.
Complaints and settlement of complaints
1. Organizations and individuals
may send complaints on the energy labeling to the General Department of Energy
for settlement according to law on complaints.
2. Means and equipment of energy
labeling being claimed are stored sample and re-inspected in an independent
testing organization.
3. Where means and equipment
being tested are not satisfactory, the General Department of Energy considers
deciding to increase the number and methods of sampling for testing.
4. The organizations and
individuals, enterprises making complaints shall pay all testing costs in the
case the complaints are untrue.
5. Organizations, individuals,
and enterprises having the means and equipment of energy labeling must bear all
costs of testing; expenses related to handling, fixing errors; of the fines and
other additional sanctions as prescribed by law in case of means and equipment
not meeting as prescribed.
Article 13.
Management of testing activities
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2. The Ministry of Industry and
Trade decides to suspend the appointment of the energy labeling test when the
testing organizations have one of the following acts:
a) Providing fake or false
testing results;
b) Failing to submit periodic
reports under the provisions of this Circular or failing to comply with
instructions and administration of the competent state agencies;
c) Being no longer sufficient
capacity of testing as prescribed.
Article 14.
Suspension of use of energy labels
1. The Ministry of Industry and
Trade decides to suspend the energy labeling when the enterprises have one of
the following acts:
a) Pasting energy labels when
having not been granted certificates of energy labeling;
b) Printing the wrong
specifications, designs and using for the improper purpose of energy labels
confusing consumers;
c) Displaying wrongly on energy
labels the energy rates granted by the Ministry of Industry and Trade in the
certificates;
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đ) Using the certificates have
expired or been defaced;
e) Having the changes in design
and manufacturing means, equipment making reduction of energy targets but not
re-registering with the General Department of Energy;
g) Failing to make the reporting
regime as prescribed;
h) Having the actual testing
results not incompliance with the energy efficiency of means and equipment that
have been registered.
2. Enterprises who are suspended
the energy labeling are not continued to implement energy labeling until the
completion of the measures of repairing, overcoming violations.
Article 15.
Revocation of certificates of energy labeling
1. The Ministry of Industry and
Trade decides to revoke the certificates of energy labeling when the
enterprises have one of the following acts:
a) Failing to implement the
requirements in the decisions to suspend the use of energy labels on time;
b) With fraud in the
registration dossier for energy labeling.
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Chapter
VII
ORGANIZATION OF
IMPLEMENTATION
Article 16.
Responsibilities of the General Department of Energy
1. To develop annual plan on the
energy labeling, plans to build energy efficiency standards, assess and appoint
the testing organizations.
2. To be contact point to
consult the Ministry of Industry and Trade in collaboration with the Ministry
of Science and Technology to develop, promulgate, amend the National Standards
for energy efficiency and methods for determining energy efficiency.
3. To receive registration
dossiers for certificating the energy labeling.
4. To receive registration
dossiers for appointing the testing organizations for means, equipment using
energy.
5. To evaluate capacity,
conditions to ensure quality in the producing enterprises, testing
organizations, importers, and other conditions affecting the energy targets,
the quality of means, equipment registered.
6. To manage, inspect and
monitor activities of the appointed testing organizations, the enterprises
having means, equipment of energy labeling on the market, the selection of
samples for testing of the enterprises.
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8. To examine the labeling of
energy, propose to the Ministry of Industry and Trade the plans for handling
the complaints properly and basically or inform the organization or individual
making complaint in case the complaint is incorrect, lack of base.
9. To publish detailed
information on registration procedures, the detailed forms for labeling means
and equipment of energy consumption on electronic information page (website) of
the Ministry of Industry and Trade and the General Department of Energy.
10. To require the enterprises
to recall means and equipment which have been labeled energy not in compliance
with regulations being circulated on the market.
11. To request the Ministry of
Industry and Trade to issue the decisions to suspend use of energy labels in
the case of exceeding 90 days but the enterprises do not make reporting regime
as prescribed in Clause 1 of Article 18 of this Circular.
Article 17.
Responsibilities of the Departments of Industry and Trade
1. To inspect, examine, and
supervise in the areas the implementation of labeling for the enterprises
manufacturing, importing and distributing means and equipment on the list of
means and equipment required to be labeled energy.
2. To receive and synthesize
information of report of the enterprises on means, equipment of manufacture,
import on the list of means and equipment required to be labeled energy in the
localities annually and the means and equipment affixed energy labels in year
and send to the Ministry of Industry and Trade before March 15 of the following
year.
3. To handle, propose the plan
of processing and examine overcomes of violations of the enterprises who are
headquartered in the provinces violated the energy labeling and report to the
Ministry of Industry and Trade.
4. To request the Ministry of
Industry and Trade to issue the decisions to suspend use of energy labels in
the case of exceeding 90 days but the enterprises do not make reporting regime
as prescribed in Clause 1 of Article 18 of this Circular.
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Article 18.
Responsibilities of the enterprises
1. To make periodic reports on
the number and types of means and equipment having been manufactured, traded
and labeled energy saving and send to the Department of Industry and Trade
where enterprises are headquartered before January 01 each year.
2. Promptly report to the
Ministry of Industry and Trade the changed targets of technology, the
increasing or decreasing impacts of energy consumption norms of means and
equipment, conduct the registration for recertification under the provisions of
Article 10 of this Circular when there are changes in design and technology
affecting energy consumption rate.
3. Initiatively report to the
Ministry of Industry and Trade and the local functional authorities and also
carry out the remedial measures for means and equipment being manufactured,
imported or distributed, means and equipment being circulated on the market as
well as means and equipment being in the process of using upon detecting that
they have signs of not conformity with the corresponding evaluation standards.
4. Immediately stop the energy
labeling on means, equipment, and send reports to the Ministry of Industry and
Trade with proposal of solutions when decisions on suspending the use of energy
labels are made.
5. Regularly implement and
maintain the measures to ensure means and equipment to achieve standards to use
energy economically as registered and certified in the certificate.
6. To revoke means and equipment
of enterprises that have been pasted energy labeling not in compliance with
regulations and being circulated on the market.
Article 19.
Effect
1. This Circular takes effect
from May 19, 2012.
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FOR
MINISTER
DEPUTY MINISTER
Hoang Quoc Vuong