Thông tư 07/2012/TT-BCT

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

Article 1. Scope of governing

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.

2. ILAC: International Laboratory Accreditation Cooperation.

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:

a) Testing of the typical samples;

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

Article 5. Conditions for appointing testing organization

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.

2. Registration dossier comprises:

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.

4. At least three months before the decision on appointing the testing organization is invalid, if required, the testing organizations must implement procedures for re-registration and send dossiers as prescribed in Clause 2 of this Article.

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;

d) A list of documents, standards, procedures for testing in the form in Appendix 3;

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:

1. Testing the typical samples: Enterprises self-sample means, equipment; number and sampling method according to respective standards or according to regulations of the Ministry of Industry and Trade and send to the testing organization appointed by the Ministry of Industry and Trade for testing according to respective standards to be granted the slips of testing results.

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.

In case dealers submit as substitutes for overseas manufacturers, dealers must present the written authorizations. Where the mentioned-above records and documents are in foreign languages, they must be translated into Vietnamese and notarized.

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

1. Energy labels are used in uniform in accordance with provisions of the Ministry of Industry and Trade, forms, samples must be in the form prescribed in Appendix 6 of this Circular. Energy labels must contain the following basic information:

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.

Article 10. Re-certification

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

Article 11. Inspection and monitoring after the certification

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

1. Once a year, the appointed testing organizations shall make reports on the number and types of means and equipment of the list required to label that have been tested in the form in Appendix 8 and send to the General Department of Energy.

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;

d) Using energy labels for objects other than means and equipment that have been registered and granted certificates of energy labeling;

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.

2. Decisions to withdraw the certificates of energy labeling are sent simultaneously to the violating enterprises, the association of standards and protection of Vietnamese consumers and posted on the Website of the Ministry of Industry and Trade and of General Department of Energy.

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.

7. To coordinate with relevant functional agencies to resolve complaints and disputes regarding the registration, evaluation, certification, grant of certificates and labeling of energy.

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.

5. To implement the management and supervision under authorization of the Ministry of Industry and Trade.

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.

2. During execution, if any problems arise or new issues arise, the organizations and individuals should promptly reflect to the Ministry of Industry and Trade for timely processing./.