THE MINISTRY OF
INDUSTRY AND TRADE
------- No.: 30/2011/TT-BCT | SOCIALISTREPUBLIC OF VIET NAM
Independence - Freedom – Happiness
--------- Hanoi, August 10, 2011 |
CIRCULAR
STIPULATING TEMPORARILY THE PERMISSIBLE CONTENT LIMITATION OF SOME TOXIC CHEMICALS IN THE ELECTRONIC, ELECTRICAL PRODUCTS
Pursuant to Decree No.189/2007/ND-CP dated December 27, 2007 of the Government on functions, tasks, powers and organizational structure of the Ministry of Industry and Trade; Decree No.44/2011/ND-CP dated June 14, 2011 of the Government amending, supplementing Article 3 of Decree No.189/2007/ND-CP;
Pursuant to the Law on Chemicals dated November 21, 2007;
Minister of Industry and Trade stipulates temporarily the permissible content limitation of some toxic chemicals in the electronic, electrical products as follows:
Article 1. Scope of governing
1. This Circular stipulates temporarily on permissible content limitation of some hazardous chemicals in the electronic, electrical products circulated on the market of Vietnam.
2. The following goods do not fall within the scope of this Circular:
a) The electrical, electronic components; batteries;
b) Spare parts for repair, reuse, or upgrading of electrical, electronic products;
c) The electrical, electronic products which are gifts, souvenirs, goods for exhibitions and product introduction; baggage, movable assets of organizations, individuals; and goods temporarily imported for re-export, goods in transit;
d) The electrical, electronic products circulated on the market of Vietnam prior to the effective date of this Circular.
Article 2. Subjects of application
This Circular applies to organizations and individuals manufacturing, trading, importing electronic, electrical products.
Article 3. Interpretation of terms
In this Circular, the terms below are construed as follows:
1. Permissible content limitation of some hazardous substances in the electrical, electronic products is the maximum volume percentage of these substances permitted to be in the homogeneous materials constituting electrical, electronic products.
2. The homogeneous material is a material unable to be separated into other material by mechanical methods.
Article 4. Electrical, electronic products must be ensured the permissible content limitation
Electrical, electronic products circulated on the market of Vietnam must be ensured the permissible content limitation of some toxic chemicals specified in Annex 2 attached to this Circular, including the following product groups:
1. Big size appliances.
2. Small size appliances.
3. Information technology and communications equipment.
4. Consumption devices.
5. Lighting Equipment.
6. Electrical, electronic tools (except for the big, fixed tools for industrial use).
7. Toys, equipment of entertainment, and sports.
8. Automatic measuring instruments.
Article 5. Toxic chemicals limited in the electronic, electrical products
1. Toxic chemicals limited in the electrical, electronic products include the chemicals: Lead (Pb), Cadmium (Cd), mercury (Hg), Chromium valence 6 (Cr6 +), polybrominated biphenyl (PBB) and polybrominated diphenyl ethers (PBDE).
2. Content of hazardous chemicals in the electrical, electronic products circulated on the market of Vietnam are not exceeded the permissible limitation specified in the Annex 1, except for the cases specified in Annex 3 enclosed hereof.
3. An electrical, electronic product is considered to comply with content limitation of toxic chemicals if all homogeneous materials constituting such product comply with the content limitation of toxic chemicals.
4. When having no respective Vietnam Regulation, to assess the content of hazardous substances in the electrical, electronic product, temporarily apply the existing standard IEC 62321: Electric technical Products - Determination of the threshold of six chemicals regulated (the English name is Electrotechnical products - Determination of levels of six regulated substances).
Article 6. Responsibilities of the organizations, individuals manufacturing, importing electronic, electrical products
1. Ensuring electrical, electronic products manufactured or imported to have content of hazardous substances not exceeding the limitation specified in Annex 1 of this Circular.
2. Organizations and individuals manufacturing or importing electrical, electronic products disclose information generally in the direction of: electrical, electronic products manufactured, imported by organizations or individuals complied with the provisions of this Circular on permissible content limitation of the toxic substances. The disclosure of information is madeby one of the following forms:
a) Posting on the Website of organizations and individuals;
b) Information in the instruction manual may be in the form of instruction manual or the instruction paper accompanying products;
c) Information in the electronic form (CD, ...);
d) Being printed directly on the products or packaging.
3. In all cases, organizations and individuals manufacturing or importing electrical, electronic products shall be self-responsibility before the law for the accuracy of the information disclosed as provided in Clause 2 of this Article.
4. Developing and maintaining management records of hazardous chemicals content in electrical, electronic products circulated on the Vietnam market and presenting to the competent authority upon request. The management records include: list of inputs; quality control votes of inputs raw materials and component; process of management of toxic chemicals content.
Article 7. Responsibilities of organizations and individuals trading electronic, electrical products
The organizations, individuals distribute, retail electronic, electrical products are allowed to trade only the products implemented the announcement of information on the permissible content limitation of the toxic chemicals specified in Clause 2 Article 6 of this Circular.
Article 8. Responsibilities of state management agencies
1. Department of Chemicals
a) To preside over coordinate with agencies involved in testing organizations and individuals that manufacture or import electrical, electronic products not guaranteeing the permissible content limitation specified in this Circular;
b) To appoint the laboratory that has been accredited in accordance with the requirements of ISO/IEC/17025: General requirements for the competence of the laboratory and calibration (the English name is General requirements for the competence of testing and calibration Laboratories) is to allow to test the criteria in the Annex 1 attached to this Circular. The appointment of the laboratory allowed to test shall comply with Circular No.09/2009/TT-BKHCN dated April 08, 2009 of Ministry of Science and Technology guiding on the requirements, order, and procedures for appointment of conformity assessment organizations.
2. Market Control Department
To handle violations in accordance with the law regulations for electronic, electrical products circulated on the market not guaranteeing the permissible content limitation.
Article 9. Effect
1. This Circular takes effect from September 23, 2011 and is implementeduntil having the respective National Technical Regulations to replace.
2. From December 01, 2012, electrical, electronic products manufactured, imported must implement the information announcement on the permissible content limitation of some hazardous chemicals as prescribed in Clause 2, Article 6 of this Circular.
3. During the course of implementation should any problems arise, organizations and individuals timely to reflect to the Ministry of Industry and Trade to amend and supplement accordingly./.
| FOR MINISTER
DEPUTY MINISTER
Nguyen Nam Hai |
ANNEX 1
PERMISSIBLE CONTENT LIMITATION OF SOME HAZARDOUS CHEMICALS IN THE ELECTRICAL AND ELECTRONIC PRODUCTS
(Issuing together with the Circular No.30/2011/TT-BCT dated August 10, 2011 of the Ministry of Industry and Trade)
No. | Chemicals | Permissible content limitation |
1 | Pb | 0,1% volume |
2 | Hg | 0,1% volume |
3 | Cd | 0,01% volume |
4 | Cr6+ | 0,1% volume |
5 | PBB | 0,1% volume |
6 | PBDE | 0,1% volume |
ANNEX 2
LIST OF THE ELECTRICAL AND ELECTRONIC PRODUCTS REQUIRED TO ENSURE PERMISSIBLE CONTENT LIMITATION OF SOME HAZARDOUS CHEMICALS
(Issuing together with the Circular No.30/2011/TT-BCT dated August 10, 2011 of the Ministry of Industry and Trade)
1. BIG SIZE APPLIANCES
Big size freezing machine | 8418 |
Refrigerator | 8418 |
Ice generator | 8418 |
Big size equipment used to freeze, preserve, store food | 8418 |
Washing machine | 8451 |
Cloth drying machine | 8451 |
Dishwashing machine | 8422 |
Household articles | 7323 |
Electric oven | 8516 |
Electric heater | 7322 |
Microwave oven | 8516 |
The big format equipment used for cooking and processing other food | 8516 |
Electric heater | 8516 |
Heating device operated by electricity | 8516 |
Big equipment used for heating rooms, beds | 8516 |
Electric fan | 8414 |
Air conditioner | 8415 |
The air conditioner, ventilation blowers or other air equipment | 8415 |
2. SMALL SIZE APPLIANCES
Vacuum cleaner | 8508 |
Vacuum cleaner at the carpet | 8508 |
The equipment used for sewing, knitting and processing garments (household appliances) | 8205 |
Irons and other appliances for ironing clothing | 8516 |
Electric toaster | 7321 |
Electric frying pan | 7321 |
Coffee blender, coffee grinder | 8516 |
Other devices used to open and seal containers, packaging | 7615 |
Knifes of all types | 8211 |
Device used for cutting hair | 8510 |
Hair drier | 8516 |
Electric toothbrushes | 9603 |
Massage and other body care equipment | 9019 |
Watches and other equipments used for measuring, displaying and recording time | 9102 |
Wall clocks and other devices used for measuring, displaying and recording time | 9105 |
Types of scales | 8423 |
3. EQUIPMENT OF INFORMATION TECHNOLOGY AND COMMUNICATIONS
- Centralized data processing, including: | |
Big size computer (server) | 8471 |
Small size computer | 8471 |
Printing, photocopy machine | 8443 |
- Personal computers, include: | |
Personal computers (CPU, mouse, screen and keyboard); | 8471 |
Lap top | 8471 |
Notebook typed computer | 8471 |
Notepad typed computer | 8471 |
Printer | 8443 |
Copying device | 8443 |
Calculator | 8471 |
The other products and equipment used to gather, store, process, present, or connect information by electronic means | ---- |
- User terminals and systems, including: | |
Fax machine | 8443 |
Telegraph machine | 8517; 8518 |
Telephone | 8518 |
Public telephone | 8518 |
Handie - talkie | 8517 |
Hand phone | 8517 |
The products and devices transmitting sound, pictures and other information by telecommunications | 8517 |
4. CONSUMPTION EQUIPMENT
Radios | 8527 |
Television | 8528 |
Camcorders | 8521 |
Video recorders | 8521 |
Acoustic receiver | 8527 |
Amplifier | 8523 |
Musical instrument | 92 |
The other products and equipment used to record and play back audio or video or other technologies to deliver sound and images by telecommunications.... | ---- |
5. LIGHTING EQUIPMENT
light source of the fluorescent lamp, except for the light source used in the family | 8539 |
Straight fluorescent lamps | 8539 |
Miniature fluorescent lamps | 8539 |
High intensity discharge lamps, including high pressure sodium lamps and metal halogen lamps | 8539 |
Low voltage sodium lamps | 8539 |
The other lighting equipment or devices used for distribution and control of light other than incandescent bulbs | 8539 |
6. ELECTRIC AND ELECTRONIC TOOLS
Driller | 8459 |
Saw machine | 8461; 8465 |
Sewing machine | 8452 |
The devices used for turning, grinding, polishing, grinding, sawing, cutting, trimming, drilling, making holes, folding, bending or handling wood, metal or other materials | ---- |
Tools for riveting, nailing or screwing or pulling rivets, nails, screws and other hand tools | 8203 |
Tools for welding (welding machine, welding stock, gas welding or electric soldering …) | 8468 |
Equipment for spraying, dispersing liquids, gases | 8424 |
Tools for cutting, pruning or other gardening activities | 8201 |
7. TOYS AND ENTERTAINMENT, SPORTS EQUIPMENT
cars, trains toy run by electricity | 9503 |
Portable game machine | 9503 |
Equipment for cycling, diving, running, rowing and other sports equipment have electrical or electronic components | 9506 |
Slot machines | 9504 |
The other games operated by coins, counters, bank card | 9504 |
8. AUTOMATIC MEASUREMENT TOOL
Machines for filling, closing, sealing or labeling in the bottles, cans, boxes, bags or other containers | 8422 |
Automatic measuring equipment of solid products | 8423 |
Money counting equipment, automated teller machine | 9029 |
The automatically-vending equipment of all types of products | 8476 |
The measurement instruments in general | 9029 |
Vietnamese
Circular 30/2011/TT-BCT DOC (Word)
