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MINISTRY
OF NATURAL RESOURCES AND ENVIRONMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No:
41/2013/TT-BTNMT
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Hanoi,
December 02, 2013
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CIRCULAR
PROVIDING ORDERS OF, PROCEDURES FOR AND CERTIFICATION OF
ECOLOGICAL LABELS FOR ENVIRONMENT-FRIENDLY PRODUCTS
Pursuant to the Law on Environmental
Protection No. 52/2005/QH11 dated November 29, 2005;
Pursuant to the Decree No. 80/2006/ND-CP
dated August 09, 2006 of the Government on detailing and guiding a number of
articles of the Law on Environmental Protection;
Pursuant to the Decree No. 21/2013/ND-CP
dated March 04, 2013 of the Government on defining functions, tasks, powers and
organizational structure of the Ministry of Natural Resources and Environment;
At the proposal of the General Director of
Vietnam Environment Administration, the Head of Department of Policy and
Legislation;
The Minister of Natural Resources and
Environment promulgated the Circular providing orders of, procedures for, and
certification of ecological labels for environment-friendly products,
Chapter 1.
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Article 1. Scope of
regulation
This Circular provides orders of, procedures
for, certification and sticking of ecological labels for environment-friendly
products. Ecological labels as specified in this Circular shall be named as
Vietnam Green Label.
Sticking of Vietnam Green Label is a voluntary
activity, not under the scope of regulation of laws on labeling of goods.
Article 2. Subjects of application
This Circular shall apply to state agencies,
organizations, individuals relating to activities of certification and labeling
of Vietnam Green Label.
In cases where a treaty to which the Socialist
Republic of Vietnam is a contracting party contains different provisions, the
provisions of such treaty shall apply.
Article 3. Testing
Organization
1. The testing organization which registered its
operation according to Circular No. 08/2009/TT-BKHCN dated April 08, 2009 of
the Minister of Science and Technology, guiding requirements, order of,
procedures for registration of field of conformity assessment operation and
Circular No. 10/2011/TT-BKHCN dated June 30, 2011 of the Ministry of Science
and Technology amending, supplementing a number of provisions of Circular No.
08/2009/TT-BKHCN dated April 08, 2009 of the Minister of Science and
Technology, guiding requirements, order of, procedures for registration of
field of conformity assessment operation.
2. Foreign testing organizations recognized
according to the ISO/IEC 17025 international standard which were accredited by
organizations which are contracting parties to the mutual recognition agreement
of ILAC (the International Laboratory Accreditation Cooperation) or APLAC (The
Asia Pacific Laboratory Accreditation Cooperation).
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1. Criteria of Vietnam Green Label shall
comprise the following contents:
a) Compliance with laws on environmental
protection and labor of organizations, individuals doing manufacture or trade
(below collectively referred to as "the enterprise");
b) Impact of the whole life circle of a product,
from the process of exploiting materials, production, distribution, use and
after being disposed shall cause less pollution to the environment in
comparison with other same type of products.
2. Criteria of Vietnam Green Label shall be in
proportion to each category of products being announced by the Ministry of
Natural Resource and Environment.
Article 5. Operational
budget
1. Testing budget of a product's sample and
budget for preparing a dossier for registration on certification of Vietnam
Green Label shall be paid by the enterprise based on a service contract signed
with a unit having function in compliance with prevailing provisions of laws.
2. The budget for assessment of the dossier,
inspection on the use of Vietnam Green Label shall be allocated from the source
of budgets for environmental activities in accordance with provisions of
financial laws.
Article 6. Publicity of
information
1. Registration procedures, detailed forms for
certification of Vietnam Green Label shall be notified on the column of Vietnam
Green Label, the webpage of Vietnam Environment Administration, Ministry of
Natural Resources and Environment
(http://vea.gov.vn/VN/khoahoccongnghe/nhanxanh).
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3. The Decision on withdrawal of a certificate
of Vietnam Green Label shall be sent to the violating enterprise, the Vietnam
Association of Standards and Consumers Protection, the Vietnam Retailers
Association, be publicized on the webpage of the Vietnam Environment
Administration and on the mass media.
Chapter 2.
SPECIFIC PROVISIONS
Article 7. The dossier for
registration of Vietnam Green Label
A dossier for registration of Vietnam Green
Label shall comprise:
1. A (01) request for certification of Vietnam
Green Label as specified in the sample in Annex 1 enclosed with this Circular;
2. A (01) original copy of the Report on
environmental protection activities of the enterprise as specified in Annex 2
which is enclosed with this Circular; or a (01) certified-true copy of a valid
certificate of conformity with the national standard of TCVN ISO 14001 issued
by a certification organization which registered scope of activities in
accordance with laws; or a (01) certified-true copy of a certificate of
conformity with the international standard of SO 14001: 2004 issued by a
certification organization which is a member of the International Forum of
Accreditation (IFA), the Pacific Accreditation Cooperation (PAC) or a similar
standard;
3. An (01) original copy of a Report on
assessment of products satisfied criteria of Vietnam Green Label as specified
by the Ministry of Natural Resources and Environment for each category of
products, enclosed with testing results issued by the testing organization with
a validity not exceeding six (06) months since the date of receiving a valid
dossier of registration by the Vietnam Environment Administration;
4. A (01) certified-true copy of the certificate
of registration of goods label;
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Article 8. The certification
process of Vietnam Green Label
1. The dossier on registration for certifying
Vietnam Green Label shall be sent to the Vietnam Environment Administration.
The General Director of the Vietnam Environment Administration shall assign a
(01) specialized unit which is under the Administration being a standing unit
to assess the dossier on registration for certifying Vietnam Green Label.
2. Within five (05) working days since the date
of receiving a dossier of registration, the Vietnam Environment Administration
shall be responsible for consideration of completion and validity. In case the
dossier is not completed or invalid, the Vietnam Environment Administration
shall issue a written request for amendment, supplement and completion of the
dossier.
3. Within twenty (20) working days since the
date of accepting the dossier in term of completion and validity, the Vietnam
Environment Administration shall be responsible for doing assessment on the
dossier on registration for certifying Vietnam Green Label on the basis of
appropriate level of the registration dossier with the criteria of Vietnam
Green Label.
4. In case of a satisfied testing result, within
five (05) working days since the day of testing result, the General Department
of the Vietnam Environment Administration shall be responsible for signing the
Decision on certification of Vietnam Green Label. The Decision on certification
of Vietnam Green Label shall be notified the enterprise right after signing of
promulgation.
5. In case of an unsatisfied testing result,
within three (03) working days since the date of testing result, the General
Department of Vietnam Environment Administration shall be responsible for
sending a written notice to the enterprise and stating reasons of not being
satisfied.
Article 9. The Decision on
certification of Vietnam Green Label
1. The decision on certification of Vietnam
Green Label shall be made pursuant to Annex 3 which is enclosed to this
Circular.
2. The product code being certified with Vietnam
Green Label shall bear the number of the Decision on certification of product
satisfying criteria of Vietnam Green Label plus year of issuance.
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Article 10.
Re-certification of products satisfying the criteria of Vietnam Green Label
1. The repeat of consideration, assessment and
certification of Vietnam Green Label shall be carried out in one of following
cases:
a) The enterprise has a continuous demand in labeling
of Vietnam Green Label after the Decision on certification of Vietnam Green
Label is expired. Three (03) months before decision is expired, enterprise
shall submit dossier of registration of re-certification
b) There is a change in design and manufacture
of product to which those changes influence to the satisfactory of criteria of
Vietnam Green Label.
2. Order, procedures of a re-registration and
re-certification shall be carried out in accordance with the registration for a
first certification of Vietnam Green Label.
3. In case the Decision on certification of
Vietnam Green Label is still valid but there is a change in the criteria of
Vietnam Green Label, then the enterprise does not require to do
re-registration; in case there is only change in brand name of product, then
the enterprise does not also require to do re-registration but to send a
notification on this change to the Vietnam Environment Administration.
Article 11. Labeling of
Vietnam Green Label
1. After having a Decision on certification of
Vietnam Green Label, the enterprise shall do labeling of Vietnam Green Label
for product being certified.
2. The enterprise shall choose one of forms for
labeling Vietnam Green Label on products or packages of products being
certified with the Vietnam Green Label as follows:
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b) Drawing;
c) Clipping;
d) Engraving;
e) Printing.
3. Dimension and colors of the Vietnam Green
Label shall be fixed on products in accordance with Annex 4 which is enclosed
to this Circular.
The position for fixing the Vietnam Green Label
is self-designed, decided by enterprise to be visible but not affect to
information indicated on goods labels as prescribed by law
4. Labeling of Vietnam Green Label is strictly
forbidden in the following cases:
a) The validity of the Decision on certification
of Vietnam Green Label is expired.
b) The Vietnam Green Label is printed wrongly in
comparison with its model;
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Article 12. Supervision of
the use of Vietnam Green Label
1. Periodically once a year, the enterprise
which was granted with the Decision on certification of Vietnam Green Label,
shall be responsible for reporting quantities of manufactured and traded
products being labeled with Vietnam Green Label to the Vietnam Environment
Administration for summarization.
2. The Vietnam Environment Administration shall
coordinate with other relevant units to carry out inspections or tests on
typical samples of products being labeled with Vietnam Green Label in cases
there are suspected signs or complaints. Enterprises shall only pay fees for
inspection or testing on typical samples of products being labeled with the
Vietnam Green Label in cases the statements on inspections or testing documents
conclude that those enterprises violated the criteria of Vietnam Green Label.
Article 13. Withdrawal of
Decision on certification of Vietnam Green Label
1. An enterprise shall be withdrawn its Decision
on certification of Vietnam Green Label when it violates one of following
cases:
a) The enterprise violates provisions on making
assessment reports;
b) An enterprise violates the criteria of the
Vietnam Green Label;
2. An enterprise shall not be considered for
being granted the Vietnam Green Label within two (02) years since the date of
the Decision on withdrawal is effective.
Chapter 3.
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Article
14. Organization of implementation
1. The Ministry of Natural Resources and
Environment shall assign the Vietnam Environment Administration to organize
assessments on dossiers of registering, certifying Vietnam Environment Label;
to guide, check, supervise and speed up the implementation of this Circular.
2.
All relevant Ministries, ministerial-level agencies, government-attached
agencies, People’s Committees of all levels, organizations and individuals
shall take responsibilities for implementation of this Circular.
Article 15. Implementation
effect
This Circular is effective from 15 January 2014.
During implementation process of this Circular,
if there is any problem or difficulty, it is suggested that state agencies, organizations
or individuals to promptly report to the Ministry of Natural Resources and
Environment for consideration and settlement./.
FOR MINISTER
DEPUTY MINISTER
Bui Cach Tuyen
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