Circular 12/2019/TT-BKHCN criteria for identifying water-efficient equipment

CIRCULAR

Prescribing criteria for identifying water-efficient products
and equipment^[1]

Pursuant to the June 21, 2012 Law on Water Resources;

Pursuant to the June 29, 2006 Law on Standards and Technical Regulations;

Pursuant to the November 21, 2007 Law on Product and Goods Quality;

Pursuant to the Government’s Decree No. 54/2015/ND-CP, providing incentives for water conservation activities;

Pursuant to the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality, and Decree No. 74/2018/ND-CP of May 15, 2018, amending and supplementing a number of articles of the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality;

Pursuant to the Government’s Decree No. 107/2016/ND-CP of July 1, 2016, prescribing conditions for provision of conformity assessment services, and Decree No. 154/2018/ND-CP of November 9, 2018, amending, supplementing or annulling a number of provisions on investment and business conditions in the fields under the state management of the Ministry of Science and Technology and a number of provisions on specialized inspection;

Pursuant to the Government’s Decree No. 95/2017/ND-CP of August 16, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

At the proposal of the General Director of the Directorate for Standards, Metrology and Quality and the Director of the Legal Affairs Department;

The Minister of Science and Technology promulgates the Circular prescribing criteria for identifying water-efficient products and equipment.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular prescribes criteria and methods for identifying water-efficient products and equipment, including:

1. Criteria for identifying water-efficient products and equipment;

2. Methods for determining criteria on water-efficient products and equipment;

3. Methods for identifying water-efficient products and equipment;

4. Water-efficient products and equipment having water efficiency grades conformable with applicable national standards declared by the Ministry of Science and Technology;

5. Use of the water efficiency label.

Article 2.Subjects of application

1. Producers and traders of water-efficient products and equipment prescribed in Article 1 of this Circular; conformity assessment bodies that test and certify water-consuming products and equipment;

2. State management agencies and other related organizations and individuals.

Article 3.Interpretation of terms

In this Circular, the terms below are construed as follows:

1.Water-consumingproduct or equipmentmeans a product or equipment which is designed and structured in a way that requires the use of a certain amount of water to perform a single or multiple function(s) during its operation process;

2.Water efficiency grademeans the level of amount of water a water-consuming product or equipment saves while ensuring its properties.

Chapter II

CRITERIA AND METHODS FOR DETERMINING CRITERIA ON WATER-EFFICIENT PRODUCTS AND EQUIPMENT

Article 4.Criteria for identifying water-efficient products and equipment

1. Water-efficient products and equipment are water-consuming products and equipment that meet the following criteria:

a/ The products’ and equipment’ properties must ensure their use purposes in conformity with the declared standards applicable to such products and equipment;

b/ The products’ and equipment’s water efficiency grades must be conformable with relevant national standards applicable to water-efficient products and equipment as declared by the Ministry of Science and Technology.

2. Water efficiency of water-efficient products and equipment shall be divided into three grades to indicate their water conservation levels. Water efficiency shall be in ascending order from grade 1 to grade 3 in which grade 1 is the least water efficient, equivalent to the lowest water conservation capacity, and grade 3 is the most water efficient, equivalent to the highest water conservation capacity. Water efficiency of products and equipment shall be determined in relevant national standards.

Article 5.Methods for determining criteria on water-efficient products and equipment

Methods for determining criteria on each water-efficient product or and equipment must comply with the relevant national standard applicable to that product or equipment.

Water-efficient sanitary ware products and equipment and water-efficient household appliances shall be included in a list of water-efficient sanitary ware products and equipment and household appliances provided in Appendix I to this Circular.

Article 6.Identification of water-efficient products and equipment

1. Water-efficient products and equipment meeting the criteria specified in Article 4 of this Circular shall be identified by assessing their conformity with relevant national standards.

2. The conformity assessment of water-efficient products and equipment shall be conducted on a voluntary basis at the request of organizations and individuals by applying Method 1 provided in the Minister of Science and Technology’s Circular No. 28/2012/TT-BKHCN of December 12, 2012, prescribing the declaration of standard and technical regulation conformity and method of assessment of conformity with standards and technical regulations, and Circular No. 02/2017/TT-BKHCN of March 31, 2017, amending and supplementing a number of articles of Circular No. 28/2012/TT-BKHCN.

3. Conformity assessment bodies conducting assessment of water-efficient products and equipment shall register operation under the Government’s Decree No. 107/2016/ND-CP of July 1, 2016, prescribing conditions for provision of conformity assessment services, and Decree No. 154/2018/ND-CP of November 9, 2018, amending, supplementing or annulling a number of provisions on investment and business conditions in the fields under the state management of the Ministry of Science and Technology and a number of provisions on specialized inspection.

Article 7.Water efficiency label

1. Producers, traders and importers are encouraged to use the “water efficiency label” for their water-efficient products and equipment.

2. Organizations and individuals that voluntarily use the “water efficiency label” must comply with provisions on the sample of water efficiency label provided in Appendix II to this Circular.

3. A water efficiency label must fully contain the following information:

a/ The certification number granted by the certification organization, attached with the organization’s name;

b/ The symbol showing the water efficiency grade of the product or equipment, which is one star for grade 1, two stars for grade 2 and three stars for grade 3.

4. Water efficiency labels may be enlarged or reduced in size or imprinted, embossed or integrated into the background of the goods labels stuck on water-efficient products and equipment in a way that neither causes confusion nor covers and affects the noticeability of compulsory information displayed on the goods labels as prescribed in the law on goods labeling.

Water efficiency labels may be directly stuck on water-efficient products and equipment or their packaging and manuals.

5. For imported water-efficient products and equipment already attached with water efficiency labels of exporting nations that have entered into agreements with Vietnam on mutual recognition of conformity assessment results which have the recognition content on water efficiency labeling, such imported products and equipment are not required to undergo conformity assessment so as to be identified as water-efficient ones.

6. Organizations and individuals that use water efficiency labels for water-using products and equipment not meeting the criteria on water-efficient products and equipment prescribed in this Circular shall, depending on the nature and severity of their violations’ adverse impacts on other organizations and individuals and consumers, be held responsible in accordance with law.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 8.Responsibilities of the Ministry of Science and Technology

1. To formulate and review national standards on water efficiency of products and equipment.

2. To build and maintain a database on water-efficient products and equipment.

3. To assume the prime responsibility for, and coordinate with related ministries and sectors in, conducting inspection and examination of the production, trading and import of water-efficient products and equipment.

4. The Directorate for Standards, Metrology and Quality shall guide and implement Clauses 1, 2 and 3 of this Article and designate testing organizations under the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality; Decree No. 74/2018/ND-CP of May 15, 2018, amending and supplementing a number of articles of the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality; and Decree No. 154/2018/ND-CP of November 9, 2018, amending, supplementing or annulling a number of provisions on investment and business conditions in the fields under the state management of the Ministry of Science and Technology and a number of provisions on specialized inspection.

Article 9.Responsibilities of certification organizations

1. To conduct assessment and issues certificates of water-efficient products and equipment to organizations and individuals according to this Circular and relevant laws.

2. To take responsibility for results of assessment of water-efficient products and equipment for organizations and individuals in accordance with law.

3. To update information on water-efficient products and equipment certified under the guidance of the Ministry of Science and Technology.

Article 10.Responsibilities of organizations and individuals with certified water-efficient products and equipment

1. To adopt measures to preserve the water efficiency grades of their certified water-efficient products and equipment.

2. To coordinate with competent state management agencies when the latter conduct inspection and examination of the production, trading and import of water-efficient products and equipment in accordance with law.

3. To comply with Article 7 of this Circular when voluntarily using water efficiency labels.

4. To promptly notify changes of their certified water-efficient products and equipment to certification organizations in accordance with law.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 11.Effect

This Circular takes effect on January 1, 2020.

Article 12.Implementation responsibility

1. In the course of implementation, if the legal documents or national standards referred to in this Circular are amended, supplemented or replaced, the newly issued documents shall prevail.

2. Any problems arising in the course of implementation of this Circular should be reported in writing to the Ministry of Science and Technology for guidance or appropriate modification or supplementation.

3. Ministers, heads of ministerial-level agencies and government-attached agencies, and chairpersons of provincial-level People’s Committees shall organize the implementation of this Circular.-

For the Minister of Science and Technology
Deputy Minister
TRAN VAN TUNG

* The appendices to this Circular are not translated.