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MINISTRY OF
INDUSTRY AND TRADE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.: 23/VBHN-BCT
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Hanoi, March
24, 2020
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CIRCULAR
ON ENERGY LABELING FOR APPLIANCES AND EQUIPMENT USING ENERGY
UNDER MANAGEMENT OF THE MINISTRY OF INDUSTRY AND TRADE
The Circular No. 36/2016/TT-BCT dated December
28, 2016 of the Minister of Industry and Trade prescribing energy labeling for
appliances and equipment using energy under the management of the Ministry of
Industry and Trade, coming into force from February 10, 2017, is amended by:
The Circular No. 42/2019/TT-BCT dated December
18, 2019 of the Minister of Industry and Trade amending some provisions on
periodical reporting in Circulars promulgated or jointly promulgated by the
Minister of Industry and Trade, which comes into force from February 05, 2020.
Pursuant to the Government's Decree No.
95/2012/ND-CP dated November 12, 2012, defining the functions, tasks, powers
and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Law on economical and efficient
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
economical and efficient use of energy;
Pursuant to the Law on Technical Regulations
and Standards dated June 29, 2006;
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Pursuant to the Government's Decree No.
107/2016/ND-CP July 01, 2016 on conditions for provision of conformity
assessment services;
At the request of Director of General
Department of Energy;[1]
Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Circular provides for procedures
for registration, labeling and revocation of energy labels for appliances and
equipment on the List of appliances and equipment subject to mandatory energy
labeling promulgated by the Prime Minister under management of the Ministry of
Industry and Trade or other appliances and equipment subject to non-mandatory
energy labeling (hereinafter referred to as appliances and equipment).
2. This Circular does not apply to the following
appliances and equipment that use energy:
a) Goods, materials and equipment that are
temporarily imported for re-export; goods in transit or merchant trade;
b) Goods domestically produced and processed for
the purpose of export (not for domestic consumption);
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d) Non-commercial imported goods, including:
Personal belongings, diplomatic goods; goods displayed in exhibits or trade
fairs; gifts; goods, supplies, spare parts and components imported in single
unit for the purposes of use or replacement in constructions, investment
projects, or those serving conferences, seminars, scientific research, sport
competitions, cultural or art performances and other types of goods which are
not used for business purposes in accordance with regulations of law.
Article 2. Regulated
entities
This Circular applies to:
1. Manufacturers and importers
(hereinafter referred to as “enterprises”) of appliances and equipment bearing
energy labels.
2. Testing laboratories that
perform tests for appliances and equipment bearing energy labels.
3. Regulatory authorities in
charge of managing energy labeling and other relevant authorities,
organizations and individuals.
Article 3. Definitions
For the purposes of this Circular, the terms
below shall be construed as follows:
1. “Energy labeling” means the act of
attaching, affixing, printing or carving energy labels to or on products or
their packages, or displaying electronic energy labels on products.
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3. “Endorsement
label” means a label of approval to inform that the appliance or equipment
has the highest energy efficiency for its class.
4. “ILAC”
stands for International Laboratory Accreditation Cooperation.
5. “APLAC” stands for Asia
Pacific Laboratory Accreditation Cooperation.
6. “VILAS”
stands for Vietnam Laboratory Accreditation Scheme.
7. “ISO”
stands for International Organization for Standardization.
8. “IEC” stands for
International Electrotechnical Commission.
9. “TCVN”
means Vietnam’s Standards (“Tiêu Chuẩn Việt Nam”).
Chapter II
TESTING AND ENERGY
LABELLING
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1. Testing laboratories for energy
labeling include: domestic testing laboratories (independent testing
laboratories or manufacturers’ testing laboratories); foreign testing
laboratories (independent testing laboratories or manufacturers’ testing
laboratories).
2. Requirements to be satisfied by
testing laboratory for energy labeling:
a) Domestic testing laboratories
shall be required to satisfy the requirements laid down in Chapter II of the
Government's Decree No. 107/2016/ND-CP July 01, 2016;
b) Foreign testing laboratories are
the testing laboratories accredited under ISO/IEC 17025 (or equivalent) by the
accreditation bodies that have entered into mutual recognition agreements (ILAC
or APLAC).
3. Energy efficiency testing and
evaluation for appliances and equipment are performed according to TCVN or
relevant regulations adopted by the Ministry of Industry and Trade.
4. Type testing: Enterprises shall
take samples of appliances and equipment with the quantity of samples and the
sampling method prescribed in relevant standards or regulations of the Ministry
of Industry and Trade, and then send them to testing laboratories that shall
perform type testing and provide test reports.
5. Test results shall be used as the
basis for carrying out the energy labeling for products of the same model,
specifications, origin and manufacturer. The period of validity of a test
report is indefinite, unless a competent authority finds that it contains
mistakes or the testing laboratory issuing the test report commits a violation
against laws.
Article 5. Registration of
energy labeling
1. Before selling appliances or
equipment of a type on the market, the manufacturer or importer of that type of
appliances or equipment shall prepare and send an application for registration
of energy labeling to the Ministry of Industry and Trade.
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a) A energy labeling declaration for
appliances or equipment that uses energy, which is made according to the form
in Appendix 1 and clearly indicates that whether comparative label or endorsement
label will be used;
b) The test report for the product
model provided by a testing laboratory;
c) Documents proving the eligibility
of the foreign laboratory (in case the energy labeling testing is conducted by
a foreign testing laboratory);
d) The sample energy label.
3. Applications for registration of energy labeling may be submitted to the
Ministry of Industry and Trade either online via its website, directly or by
post. If any documents mentioned in Clause 2 of this Article are prepared in
foreign languages, they must be translated into Vietnamese and lawfully
notarized.
Article 6. Energy labeling
1. After submitting an
application for registration of energy labeling to the Ministry of Industry and
Trade, the enterprise may carry out the energy labeling for its registered
product according to the declaration of energy labeling. The enterprise shall
take responsibility for the accuracy and truthfulness of the information
provided in the energy labeling declaration and the information displayed on its
energy labels.
2. Energy labels must be used
consistently in accordance with regulations adopted by the Ministry of Industry
and Trade; the form and specifications of the energy label is prescribed in
Appendix 2 enclosed herewith.
3. An energy label shall indicate the following:
a) Full name or abbreviated name of the
manufacturer or importer;
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c) Information on energy consumption rate;
4. The enterprise may use
electronic energy labels for appliances or equipment, which is suitable for
electronic energy labeling or other energy labels.
5. Dimensions of an energy
label may be increased or decreased in proportion to the appliance or
equipment, provided the energy label shall not cause misunderstanding about, or
cover or influence the information on the product’s label as prescribed by law.
Article 7. Registration of
energy re-labeling
1. An enterprise must apply for registration of
energy re-labeling when one of the following circumstances occurs:
a) Changes in evaluation criteria;
2. Contents and procedures for energy
re-labeling shall comply with the provisions in Article 5 hereof.
Chapter III
INSPECTION AND
REVOCATION OF ENERGY LABELS
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1. The Ministry of Industry and Trade shall
cooperate with relevant authorities to carry out periodic or ad hoc inspections
of enterprises’ energy labeling.
2[2]. Enterprises
that carry out the energy labeling shall, by January 15 every year, submit
written reports, which are made according to the form provided in Appendix 3 enclosed
herewith, either directly or by post, to the Ministry of Industry and Trade
(via Department of Energy Efficiency and Sustainable Development) and
the relevant provincial Department of Industry and Trade on the quantity and
types of appliances and equipment produced, sold and labeled in the previous
year.
Article 9. Complaints and
complaint settlement
1. Complaints about the energy labeling shall be
sent to the Ministry of Industry and Trade for settlement in accordance with
the Law on complaints.
2. Sample of the appliance or equipment bearing
the energy label about which a complaint is filed shall be retained and tested
by an independent testing laboratory.
3. If the sample test result is not
satisfactory, the Ministry of Industry and Trade shall consider deciding to
carry out a verification visit to the enterprise’s premises.
4. The complainant shall incur all testing costs
if a complaint is determined to be false.
5. The enterprise that has appliances or
equipment bearing the energy label about which a complaint is filed shall bear
all costs of testing, error handling or rectification, fines and other
additional penalties according to relevant laws if the appliance or equipment
is found unsatisfactory.
Article 10. Revocation of
energy labels
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a) The energy label contains information
different from that included in the sample energy label provided in the
application for registration of energy labeling;
b) The appliance or equipment consumes energy at
a rate higher than that specified in the energy labeling declaration.
2. The decision on revocation of energy labels
shall be sent to the violating enterprise and Vietnam Standard and Consumers
Association, and published on the website of the Ministry of Industry and
Trade.
Chapter IV
IMPLEMENTATION
Article 11.
Responsibilities of Ministry of Industry and Trade
1. Develop annual energy labeling plans and
plans on formulation of energy efficiency standards, evaluation and
certification or accreditation of testing laboratories.
2. Develop annual plans for inspection of energy
labeling, organize and direct provincial Departments of Industry and Trade to
carry out inspections of energy labeling by manufacturers, importers and
distributors of appliances and equipment included in the list of appliances and
equipment subject to mandatory energy labeling.
3. Cooperate with the Ministry of Science and
Technology in formulating, promulgating and amending National Standards for
energy efficiency and methods for determination of energy efficiency.
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5. Cooperate with competent authorities in
settling complaints and disputes about registration of energy labeling and
labeling. Take measures for settling complaints, which are grounded and filed
properly or notify complainants of their false or ungrounded complaints.
6. Publish detailed information about procedures
and forms used in the registration of energy labeling for appliances and
equipment on its website.
7. Request enterprises to recall appliances and
equipment for which energy labeling has been made inconsistently with law
regulations.
Article 12.
Responsibilities of each provincial Department of Industry and Trade
1. Inspect the energy
labeling by local manufacturers, importers and distributors of appliances and
equipment included in the list of appliances and equipment subject to mandatory
energy labeling.
2.[4]
Receive reports from local enterprises on their annually manufactured or
imported appliances and equipment included in the list of appliances and equipment
subject to mandatory energy labeling and those for which the energy labeling
has been made in the year, prepare a consolidated report thereof according to
the form in Appendix 5 enclosed herewith, and send it, either directly or by
post, to the Ministry of Industry and Trade (via Department of
Energy Efficiency and Sustainable Development) by March 15 of the
following year.
3. Directly take actions against or propose
measures for handling violations against regulations on energy labeling
committed by local enterprises, inspect the implementation of remedial measures
by violating enterprises, and submit reports thereof to the Ministry of
Industry and Trade.
4. Perform other management
and supervision tasks with authorization from the Ministry of Industry and
Trade.
Article 13.
Responsibilities of each enterprise
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2. Promptly submit reports to the Ministry
of Industry and Trade on any changes in technological criteria and the increase
or decrease in the rates of energy consumed by their appliances and equipment,
and apply for registration of energy re-labeling in accordance with the
provisions in Article 7 hereof if such changes result in the energy consumption
rates.
3. Proactively submit reports to the Ministry of
Industry and Trade and local competent authorities on, and also take remedial
measures for, appliances and equipment which is found to be unconformable with
the corresponding evaluation standards or the registered energy consumption
rates when they are manufactured, imported, distributed or in use.
4. Regularly implement and maintain the measures
for ensuring that the appliances and equipment have energy-consumption rates as
registered.
5. Recall appliances and equipment for which the
energy labeling has been made inconsistently with law regulations.
1. This Circular comes into force from February
10, 2017 and replaces the Circular No. 07/2012/TT-BCT dated April 04, 2012 of
the Ministry of Industry and Trade on energy labeling for appliances and
equipment using energy (hereinafter referred to as “Circular No. 07”).
2. Testing laboratories that have been
designated by the Ministry of Industry and Trade in accordance with the provisions
of the Circular No. 07 shall operate until the decision on designation of
testing laboratory expires.
3. Enterprises that have obtained certification
of the energy labeling for their appliances and equipment from the Ministry of
Industry and Trade in accordance with the provisions of the Circular No. 07
shall perform the energy labeling for their appliances and equipment until the
decision on certification of energy labeling expires.
4. Article 8 of the Circular No. 04/2016/TT-BCT
providing amendments to Circulars of the Minister of Industry and Trade on
administrative procedures in e-commerce, chemicals, alcohol manufacturing and
trading, franchising, trading of goods through commodity exchanges, energy,
food safety, and electricity shall be annulled.
5. Difficulties that arise
during the implementation of this Circular should be reported to the Ministry
of Industry and Trade for consideration./.
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CERTIFIED BY
MINISTER
Tran Tuan Anh
[1] The
Circular No. 42/2019/TT-BCT amending some provisions on periodical reporting in
Circulars promulgated or jointly promulgated by the Minister of Industry and
Trade is promulgated pursuant to:
“The Government’s Decree No.
98/2017/ND-CP dated August 18, 2017 defining the functions, tasks, powers and
organizational structure of the Ministry of Industry and Trade;
The Government’s Decree No.
09/2019/ND-CP dated January 24, 2019 prescribing reporting regime for state
administrative agencies;
And at the request of the Chief of the
Ministry's Office;”
[2] This Clause is amended
according to Clause 1 Article 4 of the Circular No. 42/2019/TT-BCT dated
December 18, 2019 of the Minister of Industry and Trade, which comes into force
from February 05, 2020.
[3] This Clause is amended
according to Clause 1 Article 4 of the Circular No. 42/2019/TT-BCT dated
December 18, 2019 of the Minister of Industry and Trade, which comes into force
from February 05, 2020.
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[5]
Article 37 of the Circular No. 42/2019/TT-BCT dated December 18, 2019 of the
Minister of Industry and Trade, which comes into force from February 05, 2020,
stipulates:
“Article 37. Effect
1. This Circular
comes into force from February 05, 2020.
2. The following
regulations shall be abrogated:
a) Clause 6 Article 1 of the Circular
No. 33/2016/TT-BCT dated December 23, 2016 of the Minister of Industry and
Trade providing amendments to the Circular N. 36/2015/TT-BCT dated October 28,
2015 promulgating National technical regulation for napkin and toilet tissue
paper.
b) Article 4 of the Circular No.
51/2018/TT-BCT dated December 19, 2018 of the Minister of Industry and Trade
providing amendments to the Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated
December 30, 2011 of Minister of Industry and Trade and Minister of Natural
Resources and Environment prescribing import, export and temporary import for
re-export of ozone layer-depleting substances according to the Montreal
Protocol on Substances that Deplete the Ozone Layer.
c) Clause 20 Article 1 of the Circular
No. 31/2018/TT-BCT dated October 05, 2018 of the Minister of Industry and Trade
providing amendments to the Circular No. 27/2013/TT-BCT dated October 31, 2013
on inspection of electrical activities and consumption of electricity,
settlement of disputes concerning power purchase agreements.
d) Article 29 of the Circular No.
43/2013/TT-BCT dated December 31, 2013 by the Minister of Industry and Trade
providing for establishment, approval and adjustment of the power development
plan.
3. Periodic reports
in the field of industry and trade must include reporting data prescribed in
Article 12 of Decree No. 09/2019/ND-CP.
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