THE
MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
07/2012/TT-BTNMT
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Hanoi,
July 04, 2012
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CIRCULAR
PROVIDING ON CRITERION OF, ORDER OF, PROCEDURES FOR
RECOGNITION OF ENVIRONMENTALLY FRIENDLY - NYLON BAGS
Pursuant to the
Government’s Decree No. 67/2011/ND-CP, of August 08, 2011 detailing and guiding
the implementation of a number of articles of law on environmental protection tax;
Pursuant to the
Government’s Decree No. 80/2006/ND-CP, of August 08, 2006 detailing and guiding
the implementation of a number of articles of law on environmental protection;
Pursuant to the
Government's Decree No. 25/2008/ND-CP, of March 04, 2008 defining the
functions, tasks, powers and organizational structure of the Ministry of
Natural Resources and Environment, which be amended and supplemented by the
Decree No.19/2010/ND-CP, March 05, 2010 and the Decree No.89/2010/ND-CP, August
16, 2010;
At the proposal
of the General director of Environment and director of the Legal Affair
Department;
The Minister of
Natural Resources and Environment promulgates the Circular providing criterion
of, order of, procedures for recognition of environmentally friendly-nylon
bags,
Chapter I
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Article 1. Scope of regulation
This Circular
providing criterion of, order of, procedures for recognition of
environmentally friendly-nylon bags which are imported, manufactured and used
in Vietnam.
Article 2. Subjects of application
This Circular
applies to state management agencies; foreign and domestic organizations,
individuals, households (hereinafter referred to as organizations, individuals)
engaging activities concerned in determining criterion of, order of, procedures
for recognition of environmentally friendly-nylon bags.
Article 3. The principle of recognition of
environmentally friendly - nylon bags
1. Nylon bags granted certificate of environmentally friendly-nylon bags
must satisfy sufficient criterions specified in article 8 of this Circular.
2. The certificates of environmentally friendly-nylon bags are granted by
competent state agencies on the basis of assessment and conclusion result by
Council assessing dossiers of registering for recognition of environmentally
friendly-nylon bags.
Article 4. Establishment, function and operation of the Council
assessing dossiers of registering for recognition of environmentally
friendly-nylon bags
1. General director of Vietnam Environment Administration shall establish
a Council assessing dossiers of registering for recognition of environmentally
friendly-nylon bags (hereinafter referred to as the Council) after receiving a
complete and regular dossier of organization or individual applying for registering recognition of environmentally friendly-nylon bags. The
Council must ensure having at least 07 (seven) members, with component and
structure as follows: Chairman of Council, secretary, and members of Council
who are persons possessing university level or higher in speciality suitable
with requirement and have experiences in relevant field.
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3. The Council works under collective principal, public and direct
discussion among its members and makes conclusion
4. Condition of organizing a Council’s official session: Presentation of
Council’s chairman and secretary, and at least 2/3 quantity of Council’s member
under decision on Council establishment and representative of organization or
individual applying for registering recognition of environmentally
friendly-nylon bags.
5. Activities of
Council are implemented through a standing agency assessing dossier registering
for recognition of environmentally friendly-nylon bags.
Article 5. The standing agency
assessing dossier registering for recognition of environmentally friendly-nylon
bags
1. The general director of Vietnam Environment Administration assigns 01
(one) its organization, specialized part having suitable function, task to do
as a standing agency assessing dossier
registering for recognition of environmentally friendly-nylon bags (hereinafter
referred to as standing agency).
2. Tasks and operations of the standing agency:
a) To help the
general director of Vietnam Environment Administration in receipt and handling
of dossier registering for recognition of environmentally friendly-nylon bags;
b) Drafting
decision on establishing council with structure and component as prescribed in
clause 1, article 4 of this Circular to submit to the general director of
Vietnam Environment Administration for consideration, decision;
c) To prepare
necessary conditions for council to carry out session;
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dd) To implement
other relevant task assigned by the general director of Vietnam Environment
Administration.
Article 6. Posting and informing about environmentally friendly-nylon
bags, nylon bags which are revoked certificate of environmentally friendly -
nylon bags
1. Nylon bags being granted, extended for environmentally friendly
certificate must be updated in the list of environmentally friendly products
Nylon bags being revoked environmentally friendly certificate must be brought
out the list of environmentally friendly products.
2. Periodically every six (06) months, the general director of Vietnam
Environment Administration shall update, post up the list of environmentally
friendly products, the list of products revoked environmentally friendly
certificate on the website of the Ministry of Natural Resources and Environment
and Vietnam Environment Administration.
Article 7. Nylon bags have been granted Vietnam green label
Nylon bags having
been granted Vietnam green label as prescribed of the Ministry of Natural
Resources and Environment are those satisfying criterions of environmentally
friendly-nylon bags and being granted certificate of environmentally
friendly-nylon bags as prescribed this Circular.
Chapter II
SPECIFIC
PROVISIONS
SECTION 1. CRITERION, ORDER OF, PROCEDURES FOR REGISTER, RECOGNITION OF
ENVIRONMENTALLY FRIENDLY - NYLON BAGS
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The
environmentally friendly - nylon bags must satisfy criterions as follows:
1. The nylon bags
possess one in two following technical characteristics:
a) The thickness
of a layer is over 30 µm, minimum size is over 20 cm and organizations,
individuals producing or importing them must have plan on withdrawal,
recycling.
b) Enabling
biology decompose at least 60% in time not exceeding two (02) year.
2. Nylon bags have
the permitted maximum content of heavy metals under the following provision:
Arsenic (As): 12 mg/kg; Cadmium (Cd): 2 mg/kg; Lead (Pb): 70 mg/kg; Copper
(Cu): 50 mg/kg; Zinc (Zn): 200 mg/kg; Mercury (Hg): 1 mg/kg; Nickel (Ni): 30
mg/kg.
3. Nylon bags are
produced in households, manufacture facilities that obey fully provisions of
law on environmental protection.
Article 9. Method of test and conditions of laboratory
1. Method of test to define parameter specified in
clause 1, clause 2 Article 8 of this Circular complies with national standard
(TCVN) or American standard ASTM 6954,ASTM 6400, European standard EN 13432,
Australian standard AS 4736-2006 or equivalent international standard.
2. The test must be executed by laboratories that
recognized under ISO/IEC 17025 for correspondence criterions
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Dossier of
registering for recognition of environmentally friendly-nylon bags comprising:
1. 01 (one)
register sheet for recognition of environmentally friendly-nylon bags made in
according to the form in Annex 1 enclosed with this Circular.
2. 01 (one) copy
of Enterprise registration certificate or the Business registration
certificate.
3. 01 (one) copy
of 01 (one) in the following documents: Decision on approving the environmental
impact assessment report, decision on approving the environmental protection
project, decision on approving the detailing environmental protection project,
certificate of environmental standard meeting registration, confirmation of
environmental protection commitment registration, writing announcement
regarding of acceptance of environmental protection commitment registration,
confirmation of environmental protection project, confirmation of the simple
environmental protection project registration.
4. 01 (one) copy
of 01 (one) in the following documents:
a) For establishments subject to make the
environmental impact assessment report: Confirmation of implementation of
report’s contents and requirements of decision on approving the environmental
impact assessment of project before putting it in official operation;
confirmation of finishing works and environmental protection measures servicing
for operation stage.
b) For establishments subject to make the detailing environmental
protection project: Confirmation of finishing implementation of their detailing
environmental protection project.
5. 01 (one) copy
of product origin certificate for imported nylon bags
6. 01 (one) their
latest report of periodical environmental observational and overseeing result
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8. 01 (one)
description of nylon bag product enabling biology decompose and relevant
documents: Introducing raw material component, production process; product
characteristics, goods product label; guides for usage, preservation made in
according to form in Annex 2 enclosed with this Circular or plan on withdrawal,
recycling of nylon bags of which thickness is over 30 µm made in according to
form in Annex 3 enclosed with this Circular.
Article 11. Organizing the biological decompose ability test
1. Organizations,
individuals that register the recognition of environmentally friendly-nylon bag
have no the biology decompose ability test result of product must make
commitment made in according to form in Annex 4 enclosed with this Circular to
be considered, granted the certificate of environmentally friendly-nylon bags.
2. If being
granted certificate, within 12 (twelve) months, from issuing, organizations,
individuals must organize test and send the biological decompose ability test
result to Vietnam Environment Administration for completing dossier.
3. The biological
decompose ability test of products complies with provision in Article 9 of this
Circular.
Article 12. Order of assessment of dossier of registering for
recognition of environmentally friendly-nylon bags
1. Organizations,
individuals that register the recognition of environmentally friendly-nylon bag
make 01 (one) set of dossier as prescribed in Article 10 of this Circular and
send it to Vietnam Environment Administration for consideration, assessment of
granting the certificate of environmentally friendly-nylon bags. Organizations,
individuals that register the recognition of environmentally friendly-nylon bag
shall pay fees as prescribed by current law.
2. Within 05
(five) working days, from day of receiving dossier, the Vietnam Environment
Administration shall consider sufficiency, validity of dossier If dossier has
not been sufficient, valid, the Vietnam Environment Administration inform in
written for organizations or individual to amend and supplement.
3. Within 45
(forty five) working days, after receiving sufficient and valid dossier of
registering for recognition of environmentally friendly-nylon bags, the Vietnam
Environment Administration shall establish and organize a session of council assessing dossier registering for recognition of
environmentally friendly-nylon bags as prescribed in Article 4 of this Circular.
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1. Basing on
dossier of registering of organization or individual, proposal of standing
agency and assessment result of dossier registering for recognition of
environmentally friendly-nylon bags by the Council, within 05 (five) working
days, from day of organizing Council’s session, the general director of the
Vietnam Environment Administration shall grant certificate for each type of
registered environmentally friendly-nylon bags. Certificate of environmentally
friendly-nylon bags is made in according to form in Annex 05 enclosed with this
Circular.
2. If refusing for
grant of Certificate of environmentally friendly-nylon bags, the general
director of the Vietnam Environment Administration shall inform in written and
clearly state the reason therefore to organization or individual that
registered.
3. Certificate of
environmentally friendly-nylon bags is valid not exceeding 36 (thirty six)
month from the day of granting.
Section 2. EXTENSION, WITHDRAWAL OF CERTIFICATE OF ENVIRONMENTALLY
FRIENDLY - NYLON BAGS
Article 14. Order of, procedures for
extension of certificate of environmentally friendly - nylon bags
1. Certificate of
environmentally friendly-nylon bags is extended in case the granted certificate
being expired and product ensuring for satisfying criterions specified in
Article 8 of this Circular.
2. Before the
certificate of environmentally friendly-nylon bag is expired, within 60 (sixty)
days, organization or individual makes 01 (one) set of dossier of applying for
extension, send it to the Vietnam Environment Administration for consideration,
extension of certificate. A dossier of applying for extension comprises:
a) 01 (one)
extension registration of Certificate of environmentally friendly-nylon bags
made in according to form in Annex 6 of this Circular together with description
of product which ensures for satisfying criterions specified in Article 8 of this
Circular.
b) 01 (one) copy
of the granted certificate of environmentally friendly - nylon bags .
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4. If the dossier of applying for extension of certificate of environmentally friendly - nylon bags is sufficient and
valid, within 15 (fifteen) working days, from the day of receiving dossier, the
general director of the Vietnam Environment Administration shall extend for the
granted certificate with respect to each type of environmentally friendly-nylon
bags.
5. The
certificate of environmentally friendly-nylon bag may be expired many times,
each extension shall not exceed 24 (twenty four) months, from the day of
extending.
Article 15. WITHDRAWAL OF CERTIFICATE OF
ENVIRONMENTALLY FRIENDLY - NYLON BAGS
1. The certificate
of environmentally friendly - nylon bags shall be revoked in the following
cases:
a) The product
manufactured by organization or individual did not satisfy criterions of
environmentally friendly-nylon bags specified in Article 8 of this Circular
when it be checked, inspected by competent agencies;.
b) Organization or
individual who manufacture the product did not performed provisions clause 1,
clause 2, Article 11 of this Circular;
c) Nylon bag product
have been withdrawn Vietnam green label.
2. Within 05
(five) working days, from the day of defining the nylon bag product is object
specified in clause 1 of this Article, standing agency shall report to the general
director of the Vietnam Environment Administration for consideration, issuing a
decision on withdrawal of certificate of environmentally friendly-nylon bags.
Chapter III
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Article 16. Organization of implementation
1. The Ministry of
Natural Resources and Environment assigns the Vietnam Environment
Administration to organize assessment of dossier of registration for
recognition of environmentally friendly-nylon bags; guide, inspect, oversee,
expedite implementation of this Circular.
2. Ministries,
ministerial-level agencies, governmental agencies, People’s Committees at all
levels and relevant organizations, individuals shall implement this Circular.
Article 17. Effect
This Circular
effects from August 20, 2012.
In the course of
implementation of this Circular, any problems arising, agencies, organizations,
and individuals should be promptly reported to the the Ministry of Natural
Resources and Environment for consideration and settlement.
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