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THE MINISTRY OF INDUSTRY AND TRADE
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 45/2020/TT-BCT
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Hanoi, December 21, 2020
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CIRCULAR
PROMULGATING NATIONAL TECHNICAL REGULATION ON MERCURY CONTENT
IN FLUORESCENT LAMPS
Pursuant to
the Minamata Convention on Mercury;
Pursuant to the Law on
Standards and Technical Regulations dated June 29, 2006;
Pursuant to the Law on
Quality of Products and Goods dated November 21, 2007;
Pursuant to the Law on
Chemicals dated November 21, 2007;
Pursuant to the
Government’s Decree No. 127/2007/ND-CP dated August 01, 2007 elaborating some
Articles of the Law on Standards and Technical Regulations; Government’s Decree
No. 78/2018/ND-CP dated May 16, 2018 on amendments to some Articles of the
Decree No. 127/2007/ND-CP dated August 01, 2007 elaborating some Articles of
the Law on Standards and Technical Regulations;
Pursuant to the
Government’s Decree No. 132/2008/ND-CP dated December 21, 2008 elaborating some
Articles of the Law on Quality of Products and Goods; Government’s Decree No.
74/2018/ND-CP dated May 15, 2018 on amendments to some Articles of the Decree
No. 132/2008/ND-CP dated December 31, 2008 elaborating some Articles of the Law
on Quality of Products and Goods;
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In the furtherance of
the Government’s Resolution No. 52/NQ-CP dated June 21, 2017 on approval of the
Minamata Convention on Mercury;
At the request of
Director General of Vietnam Chemicals Agency;
The Minister of
Industry and Trade hereby promulgates a Circular promulgating National
technical regulation on mercury content in fluorescent lamps.
Article 1. Promulgated with this Circular is National technical
regulation on mercury content in fluorescent lamps.
Code: QCVN 02:2020/BCT.
Article 2. This Circular comes into force from July 01, 2022.
Article 3.
Implementation
1. Director General of
Vietnam Chemicals Agency shall organize and provide guidelines for the
implementation of this Circular.
2. Chief of the Ministry
Office; Director General of Vietnam Chemicals Agency; Directors of Departments
of Industry and Trade of provinces and central-affiliated cities; heads of
agencies, organizations and individuals concerned are responsible for the
implementation of this Circular.
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THE MINISTER
Tran Tuan Anh
QCVN 02:2020/BCT
NATIONAL TECHNICAL REGULATION ON MERCURY CONTENT IN
FLUORESCENT LAMP
Foreword
QCVN 02:2020/BCT is
developed by the Drafting Team, submitted by the Vietnam Chemicals Agency for
approval, appraised by the Ministry of Science and Technology and promulgated
together with the Circular No. 45/2020/TT-BCT dated December 21, 2020 by the Minister
of Industry and Trade.
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NATIONAL TECHNICAL REGULATION ON MERCURY CONTENT IN
FLUORESCENT LAMPS
I. General
1. Scope
This Regulation provides
for technical requirements, test methods and regulatory requirements for mercury
content in fluorescent lamps specified in the Appendix hereto.
2. Regulated entities
This Regulation applies
to producers, importers and traders of fluorescent lamps containing mercury
specified in the Appendix hereto, regulatory bodies and other related
organizations and individuals.
3. Definitions
For the purposes of this
Regulation, the terms below shall be construed as follows:
3.1. “maximum limit of
mercury” means the maximum permissible amount of mercury in a fluorescent lamp.
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3.3. “compact fluorescent
lamp (CFL)” means a low-pressure mercury-vapour gas discharge
lamp which has an integrated cap and starter.
3.4. “linear fluorescent
lamp (LFL)” means a fluorescent lamp with a long tube.
3.5. “cold cathode
fluorescent lamp for electronic displays (CCFL)” means a small diameter fluorescent
lamp having cold cathode in the lamp in which most of the light is emitted by
the excitation of phosphors in discharge tube and used as backlighting in LCD.
3.6. “external electrode
fluorescent lamp (EEFL)” means a small diameter fluorescent lamp having cold
cathode attached outside the lamp in which most of the light is emitted by the
excitation of phosphors in discharge tube and used as backlighting in LCD.
3.7. IEC stands for
International Electrotechnical Commission which was established in 1906.
II. Technical
requirements
1. Normative
references
Minamata Convention
on Mercury in force as of September 21, 2017 to which the Government of the
Socialist Republic of Vietnam became a signatory on October 11, 2013.
1.2. TCVN 10172:2013 (IEC
62554:2011) Sample preparation for
measurement of mercury level in fluorescent lamps
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2. Technical
requirements
Permissible limits of
mercury content in fluorescent lamps are specified in Table 1.
Table 1 - Limits of mercury content in fluorescent lamps
No.
Type of fluorescent lamp
Maximum limit (mg/lamp)
Test method
1
Compact fluorescent
lamps (CFLs) for general lighting purposes ≤ 30 W
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IEC 62321-4:2017
2
Linear fluorescent
lamps (LFLs) for general lighting purposes
IEC 62321-4:2017
a
Triband phosphor <
60 W
5
b
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10
3
Cold cathode
fluorescent lamps (CCFLs) and external electrode fluorescent lamps (EEFLs)
for electronic displays
IEC 62321-4:2017
a
Length ≤ 500 mm
3.5
b
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5
c
Length > 1,500 mm
13
3. Test methods
3.1. Sample preparation
methods are specified under TCVN 10172:2013 - Sample preparation for
measurement of mercury level in fluorescent lamps.
3.2. Mercury content in fluorescent
lamps are determined under IEC 62321-4:2017 (Determination of certain
substances in electrotechnical Products - Part 4: Mercury in polymers,
metals and electronics by CV-AAS, CV-AFS, ICP-OES and ICP-MS).
III. Regulatory
requirements
1. Declaration of
conformity
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1.2. Conformity of
fluorescent lamps containing mercury shall be declared as prescribed in points
a and b clause 2 Article 11 of the Circular No. 36/2019/TT-BCT dated November
29, 2019 of the Minister of Industry and Trade on management of quality of
products and goods under the management of the Ministry of Industry and Trade.
2. Assessment of
conformity
2.1. Assessment of
conformity
In the case of import of
fluorescent lamps containing mercury: carry out conformity assessment by
adopting method 1 in Appendix II to the Circular No. 28/2012/TT-BKHCN dated
December 12, 2012 of the Minister of Science and Technology on declaration of
standard conformity and technical-regulation conformity and methods for
assessment of conformity with standards and technical regulations (hereinafter
referred to as “Circular No. 28/2012/TT-BKHCN”) and Circular No.
02/2017/TT-BKHCN dated March 31, 2017 of the Minister of Science and Technology
on amendments to some Articles of the Circular No. 28/2012/TT-BKHCN
(hereinafter referred to as “Circular No. 02/2017/TT-BKHCN”).
In the case of domestic
production of fluorescent lamps containing mercury: carry out conformity
assessment by adopting method 5 in Appendix II to the Circular No.
28/2012/TT-BKHCN and Circular No. 02/2017/TT-BKHCN.
2.2. Regarding conformity
assessment bodies: comply with the regulations laid down in point a clause 1
Article 8 of the Circular No. 36/2019/TT-BCT dated November 29, 2019 of the
Minister of Industry and Trade on management of quality of products and goods
under the management of the Ministry of Industry and Trade.
3. Use of conformity
marks
Conformity marks must be
used in compliance with clause 2 Article 4 of the Circular No.
28/2012/TT-BKHCN.
IV. Responsibilities
of organizations and individuals
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2. Producers, importers
and traders of fluorescent lamps containing mercury must, after declaring
conformity, must register their conformity declarations with the Department of
Industry and Trade where they register their production, trading and import as
prescribed in clause 2 Article 12 of the Circular No. 36/2019/TT-BCT.
V. Implementation
1. The Vietnam Chemicals
Agency shall cooperate with related agencies and units in providing guidelines
for and inspecting the implementation of this Regulation.
2. The Vietnam
Directorate of Market Surveillance shall organize and direct the market
surveillance force to carry out inspection and control, and take actions
against regulations on quality of fluorescent lamps circulated on the market
under regulations of law and this Regulation.
3. Departments of
Industry and Trade of provinces and central-affiliated cities shall cooperate
with related agencies and units in providing guidelines for and inspecting the
implementation of this Regulation within their provinces.
4. If any of the
legislative documents, documents and standards referred to in this Regulation
is changed, amended or replaced, the newest one shall prevail./.
APPENDIX
LIST OF FLUORESCENT LAMPS SUBJECT TO THE REQUIREMENTS UNDER
QCVN :2020/BCT
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Type of fluorescent lamp
HS code
1
Compact fluorescent
lamps (CFLs) for general lighting purposes ≤ 30 W
8539.31.30
8539.31.90
2
Linear fluorescent
lamps (LFLs) for general lighting purposes
8539.31.90
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Triband phosphor <
60 W
b
Halophosphate
phosphor ≤ 40 W
3
Cold cathode fluorescent
lamps (CCFLs) and external electrode fluorescent lamps (EEFLs) for electronic
displays
8539.39.30
a
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b
Length > 500 mm and
≤ 1,500 mm
c
Length > 1,500 mm