Circular No. 07/2012/TT-BTNMT dated July 04, 2012 of the Natural Resources and Environment providing on criterion of, order of, procedures for recognition of environmentally friendly - nylon bags

THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT

Circular No. 07/2012/TT-BTNMT of July 4, 2012, providing the criteria, order of and procedures for recognition of environment friendly plastic bags

Pursuant to the Government’s Decree No. 67/2011/ND-CP of August 8, 2011, detailing and guiding a number of articles of the Law on Environmental Protection Tax;

Pursuant to the Government’s Decree No. 80/2006/ND-CP of August 9, 2006, detailing and guiding a number of articles of the Law on Environmental Protection;

Pursuant to the Government’s Decree No. 25/2008/ND-CP of March 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment, which has been amended and supplemented in Decree No. 19/2010/ND-CP of March 5, 2010, and Decree No. 89/2010/ND-CP of August 16, 2010;

At the proposals of the general director of the Vietnam Environment Administration and the director of the Legal Department;

The Minister of Natural Resources and Environment promulgates this Circular to provide the criteria, order of and procedures for recognition of environment friendly plastic bags,

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides the criteria, order of and procedures for recognition of environment friendly plastic bags permitted for import, production and use in Vietnam.

Article 2. Subjects of application

This Circular applies to state management agencies; domestic organizations, individuals and households; and foreign organizations and individuals (below referred to as organizations and individuals) engaged in activities related to the determination of criteria, order of and procedures for recognition of environment friendly plastic bags.

Article 3. Principles of recognition of environment friendly plastic bags

1. Plastic bags to be granted environment friendly plastic bag certificates must fully meet the criteria specified in Article 8 of this Circular.

2. Competent state agencies shall grant environment friendly plastic bag certificates on the basis of assessment and conclusion of a council assessing dossiers for registration of recognition of environment friendly plastic bags.

Article 4. Establishment, functions and operations of a council assessing dossiers for registration of recognition of environment friendly plastic bags

1. The general director of the Vietnam Environment Administration shall establish a council assessing dossiers for registration of recognition of environment friendly plastic bags (below referred to as the council) after receiving a complete and valid dossier of an organization or individual requesting the registration of recognition of environment friendly plastic bags. The council must have at least 7 (seven) members, including its chairman, secretary and members who possess a university or higher degree in a profession suitable to requirements and have experiences in the relevant field.

2. The council helps the general director of the Vietnam Environment Administration assess products according to the criteria specified in Article 8 of this Circular.

3. The council works as a collective and based on public and direct discussion among its members, and makes conclusions by majority.

4. Conditions for organizing the council’s official meetings: presence of its chairman and secretary and at least two-thirds of its members under the decision on its establishment and representatives of organizations and individuals that register the recognition of environment friendly plastic bags.

5. The council’s activities are conducted through a standing agency for assessing dossiers for registration of recognition of environment friendly plastic bags.

Article 5. Standing agency for assessing dossiers for registration of recognition of environment friendly plastic bags

1. The general director of the Vietnam Environment Administration shall assign 1 (one) organization or specialized section attached to it with suitable functions and tasks to act as the standing agency for assessing dossiers for registration of recognition of environment friendly plastic bags (below referred to as the standing agency).

2. Tasks and operations of the standing agency:

a/ To assist the general director of the Vietnam Environment Administration in receiving and settling of dossiers for registration of recognition of environment friendly plastic bags;

b/ To draft a decision on establishment of the council with the structure and composition as specified in Clause 1, Article 4 of this Circular and submit it to the general director of the Vietnam Environment Administration for consideration and decision;

c/ To prepare necessary conditions for the council to hold its meetings;

d/ To receive the dossier assessment results of the council’s members and to carry out necessary procedures for submitting them to the general director of the Vietnam Environment Administration for consideration, grant or extension of environment friendly plastic bag certificates;

e/ To carry out other related tasks assigned by the general director of the Vietnam Environment Administration.

Article 6. Disclosure and supply of information on environment friendly plastic bags and plastic bags subject to revocation of environment friendly plastic bag certificates

1. Plastic bags for which environment friendly plastic bag certificates are granted or extended must be updated to the list of environment friendly products.  Plastic bags with revoked environment friendly certificates will be brought out of the list of environment friendly products.

2. Once every 6 (six) months, the general director of the Vietnam Environment Administration shall update and disclose the list of environment friendly products and the list of products with revoked environment friendly certificates on the websites of the Ministry of Natural Resources and Environment and the Vietnam Environment Administration.

Article 7. Plastic bags with the Vietnam green label

Plastic bags with the Vietnam green label as prescribed by the Ministry of Natural Resources and Environment are those meeting the criteria for environment friendly plastic bags and being granted environment friendly plastic bag certificates in accordance with this Circular.

Chapter II

SPECIFIC PROVISIONS

Section 1

CRITERIA, ORDER OF AND PROCEDURES FOR REGISTRATION AND RECOGNITION OF ENVIRONMENT FRIENDLY PLASTIC BAGS

Article 8. Criteria for environment friendly plastic bags

Environment friendly plastic bags must meet the following criteria:

1. Possessing either of the two following technical characteristics:

a/ The thickness of a membrane is over 30 µm, their minimum size is over 20 cm, and their manufacturer or importer must have recall and recycle plans;

b/ Their bio-decomposition ability is at least 60% during a period up to 2 (two) years.

2. Possessing the permitted maximum contents of heavy metals as follows: 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; and Nickel (Ni): 30mg/kg.

3. Plastic bags produced in households or production establishments must fully comply with the law on environment protection.

Article 9. Testing methods and conditions of testing laboratories

1. Testing methods to identify parameters specified in Clauses 1 and 2, Article 8 of this Circular shall comply with national standards or the American standard ASTM 6954 or ASTM 6400, European standard EN 13432, Australian standard AS 4736-2006 or equivalent international standards.

2. The testing must be conducted by laboratories accredited under ISO/IEC 17025 for different criteria.

Article 10. Dossiers for registration of recognition of environment friendly plastic bags

A dossier for registration of recognition of environment friendly plastic bags comprises:

1. An application for recognition of environment friendly plastic bags, made according to the form provided in Appendix 1 to this Circular (not translated).

2. A copy of the enterprise registration certificate or business registration certificate.

3. A copy of any of the following documents: the decision approving an environmental impact assessment report, decision approving an environmental protection scheme or decision on approving a detailed environmental protection scheme; the certificate of registration of environmental standard conformity, certificate of environmental protection commitment registration, written notice of acceptance of environmental protection commitment registration, certificate of an environmental protection scheme, or certificate of registration of a simple environmental protection scheme.

4. A copy of any of the following documents:

a/ For an establishment required to make an environmental impact assessment report: a certificate of implementation of the report’s contents and requirements of the decision approving the project’s environmental impact assessment report before being commissioned; a certificate of implementation of  environmental protection works or measures for operation;

b/ For an establishment required to make a detailed environmental protection scheme: a certificate of complete implementation of the detailed environmental protection scheme.

5. A copy of the certificate of origin for imported plastic bags.

6. The manufacturer’s latest report on periodical environmental observation and surveillance results.

7. A test result sheet and two product samples meeting the criteria specified in Clauses 1 and 2, Article 8 of this Circular. If an organization or individual that registers the recognition of environment friendly plastic bags without bio-decomposition ability test results, Article 11 of this Circular must be complied with.

8. A description of plastic bags having bio-decomposition ability and relevant documents: introduction of material composition; production process; product characteristics; product labels; instructions for use and preservation, made according to the form provided in Appendix 2 to this Circular (not translated), or a plan on recall and recycle of plastic bags of the thickness of over 30 µm, made according to the form provided in Appendix 3 to this Circular (not translated).

Article 11. Organization of bio-decomposition ability tests

1. Organizations or individuals that register the recognition of environment friendly plastic bags without bio-decomposition ability test results for their products shall make a written commitment according to the form provided in Appendix 4 to this Circular (not translated) for consideration and grant of an environment friendly plastic bag certificate.

2. Within 12 (twelve) months after being granted the certificate, registering organizations or individuals shall organize testing of bio-decomposition ability and send testing results to the Vietnam Environment Administration for completing dossiers.

3.  The testing of bio-decomposition ability of products complies with Article 9 of this Circular.

Article 12. Order of assessment of a dossier for registration of recognition of environment friendly plastic bags

1. Organizations or individuals that register the recognition of environment friendly plastic bags shall make 1 (one) set of dossier as prescribed in Article 10 of this Circular and send it to the Vietnam Environment Administration for consideration and appraisal before granting a certificate of environment friendly plastic bags. Organizations or individuals that register the recognition of environment friendly plastic bags shall pay a fee in accordance with current regulations.

2. Within 5 (five) working days after receiving a dossier, the Vietnam Environment Administration shall examine its completeness and validity. In case the dossier is either incomplete or invalid, the Vietnam Environment Administration shall inform such in writing to the registering organization or individual for amendment and supplementation.

3. Within 45 (forty-five) working days after receiving a complete and valid dossier for registration of recognition of environment friendly plastic bags, the general director of the Vietnam Environment Administration shall establish a council and organize a council meeting to assess the dossier as prescribed in Article 4 of this Circular.

Article 13. Procedures for recognition of environment friendly plastic bags

1. Based on an organization’s or individual’s registration dossier, the standing agency’s proposal and the council’s assessment of a dossier for registration of recognition of environment friendly plastic bags, within 5 (five) working days after organizing a council meeting, the general director of the Vietnam Environment Administration shall grant a certificate for each type of registered environment friendly plastic bags. The certificate of environment friendly plastic bags is made according to the form provided in Appendix 5 to this Circular (not translated).

2. If refusing to grant the certificate of environment friendly plastic bags, the general director of the Vietnam Environment Administration shall clearly state the reason in writing to the registering organization or individual.

3. A certificate of environment friendly plastic bags is valid for no more than 36 (thirty-six) months from the date of its grant.

Section 2

EXTENSION, REVOCATION OF CERTIFICATES OF ENVIRONMENT FRIENDLY PLASTIC BAGS

Article 14. Order of and procedures for extension of certificates of environment friendly plastic bags

1. A certificate of environment friendly plastic bags is extended in case the granted one has expired and the certificated product meets the criteria prescribed in Article 8 of this Circular.

2. Within 60 (sixty) working days before the certificate of environment friendly plastic bags expires, an organization or individual shall make 1 (one) set of dossier of application for extension and send it to the Vietnam Environment Administration for consideration and extension of the certificate. A dossier of application for extension comprises:

a/ A registration for extension of a certificate of environment friendly plastic bags, made according to the form provided in Appendix 6 to this Circular (not translated) enclosed with the description of the product meeting the criteria prescribed in Article 8 of this Circular;

b/ A copy of the granted certificate of environment friendly plastic bags.

3. Within 5 (five) working days after receiving a dossier, the Vietnam Environment Administration shall examine the completeness and validity of the dossier. If the dossier is either incomplete or invalid, the Vietnam Environment Administration shall inform such in writing to the registering organization or individual for amendment and supplementation.

4. In case a dossier of application for extension of a certificate of environment friendly plastic bags is complete and valid, within 15 (fifteen) working days after receiving the dossier, the Vietnam Environment Administration shall extend the granted certificate for each type of environment friendly plastic bags.

5. A certificate of environment friendly plastic bags may be extended many times. Each extension must not exceed 24 (twenty-four) months from the date of extension.

Article 15. Revocation of certificates of environment friendly plastic bags

1. A certificate of environment friendly plastic bags is revoked in the following cases:

a/ The product or producer fails to meet the criteria of environment friendly plastic bags prescribed in Article 8 of this Circular when being examined or inspected by competent agencies;

b/ The producer fails to comply with Clauses 1 and 2, Article 11 of this Circular;

c/ The plastic bag’s Vietnam green label is revoked.

2. Within 5 (five) working days after identifying a plastic bag specified in Clause 1 of this Article, the standing agency shall report to the Vietnam Environment Administration for consideration and issuance of a decision on revocation of the certificate of environment friendly plastic bags.

Chapter III

IMPLEMENTATION PROVISONS

Article 16. Organization of implementation

1. The Ministry of Natural Resources and Environment shall assign the Vietnam Environment Administration to assess dossiers of registration of recognition of environment friendly plastic bags; and guide, inspect, oversee and urge the implementation of this Circular.

2. Ministries, ministerial-level agencies, government-attached agencies, People’s Committees at all levels and related organizations and individuals shall implement this Circular.

Article 17. Effect

This Circular takes effect on August 20, 2012.

Any problems arising in the course of implementation should be promptly reported to the Ministry of Natural Resources and Environment for consideration and settlement.-

For the Minister of Natural Resources and Environment
Deputy Minister
BUI CACH TUYEN