Circular No. 41/2013/TT-BTNMT dated December 2, 2014 of the Ministry of Natural Resources and Environment on providing orders, procedures and certification of eco-labels for environment- friendly products

MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT

Circular No.41/2013/TT-BTNMT dated December 2, 2014 of the Ministry of Natural Resources and Environment on providing orders, procedures and certification of eco-labels for environment- friendly products

Pursuant to the Law on Environmental Protection No. 52/2005/QH11 dated November 29, 2005;

Pursuant to the Decree No. 80/2006/ND-CP dated August 09, 2006 of the Government on detailing and guiding several articles of the Law on Environmental Protection;

Pursuant to the Decree No. 21/2013/ND-CP dated March 04, 2013 of the Government on defining functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the General Director of Vietnam Environment Administration, the Head of Department of Policy and Legislation; 

The Minister of Natural Resources and Environment promulgated the Circular providing orders, procedures, and certification of eco-labels for environment-friendly products,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides orders, procedures, certification and sticking of eco-labels for environment-friendly products. Eco-labels as specified in this Circular shall be named as Vietnam Green Label.

Sticking of Vietnam Green Label is a voluntary activity, not under the scope of regulation of Laws on labeling of goods.

Article 2.Subjects of application

This Circular shall apply to state agencies, organizations, individuals relating to activities of certification and labeling of Vietnam Green Label.

In cases where a treaty to which the Socialist Republic of Vietnam is a contracting party contains different provisions, the provisions of such treaty shall apply.

Article 3. Testing Organization

1. The testing organization which registered its operation according to Circular No. 08/2009/TT-BKHCN dated April 08, 2009 of the Minister of Science and Technology, guiding requirements, order of, procedures for registration of field of conformity assessment operation and Circular No. 10/2011/TT-BKHCN dated June 30, 2011 of the Ministry of Science and Technology amending, supplementing a number of provisions of Circular No. 08/2009/TT-BKHCN dated April 08, 2009 of the Minister of Science and Technology, guiding requirements, order of, procedures for registration of field of conformity assessment operation.

2. Foreign testing organizations recognized according to the ISO/IEC 17025 international standard which were accredited by organizations which are contracting parties to the mutual recognition agreement of ILAC (the International Laboratory Accreditation Cooperation) or APLAC (The Asia Pacific Laboratory Accreditation Cooperation).

Article 4. Criteria of Vietnam Green Label

1. Criteria of Vietnam Green Label shall comprise the following contents:

a) Compliance with Laws on Environmental Protection and Labor of organizations, individuals doing manufacture or trade (below collectively referred to as "the enterprise");

b) Impact of the whole life circle of a product, from the process of exploiting materials, production, distribution, use and after being disposed shall cause less pollution to the environment in comparison with other same type of products.

2. Criteria of Vietnam Green Label shall be in proportion to each category of products being announced by the Ministry of Natural Resource and Environment.

Article 5. Operational budget

1. Testing budget of a product s sample and budget for preparing a dossier for registration on certification of Vietnam Green Label shall be paid by the enterprise based on a service contract signed with a unit having function in compliance with prevailing provisions of laws.

2. The budget for assessment of the dossier, inspection on the use of Vietnam Green Label shall be allocated from the source of budgets for environmental activities in accordance with provisions of financial laws.

Article 6. Publicity of information

1. Registration procedures, detailed forms for certification of Vietnam Green Label shall be notified on the column of Vietnam Green Label, the webpage of Vietnam Environment Administration, Ministry of Natural Resources and Environment (http://vea.gov.vn/VN/khoahoccongnghe/nhanxanh).

2. The Vietnam Environment Administration shall take responsibility to publicize the Decision on certification of Vietnam Green Label for products being certified on the Environmental Magazine, on other documents propagandizing and publicizing Vietnam Green Label and the webpage of the Vietnam Environment Administration.

3. The Decision on withdrawal of a certificate of Vietnam Green Label shall be sent to the violating enterprise, the Vietnam Association of Standards and Consumers Protection, the Vietnam Retailers Association, be publicized on the webpage of the Vietnam Environment Administration and on the mass media.

Chapter 2.

SPECIFIC PROVISIONS

Article 7. The dossier for registration of Vietnam Green Label

A dossier for registration of Vietnam Green Label shall comprise:

1. A (01) request for certification of Vietnam Green Label as specified in the sample in Annex 1 enclosed with this Circular;

2. An (01) original copy of the Report on environmental protection activities of the enterprise as specified in Annex 2 which is enclosed with this Circular; or a (01) certified-true copy of a valid certificate of conformity with the national standard of TCVN ISO 14001 issued by a certification organization which registered scope of activities in accordance with laws; or a (01) certified-true copy of a certificate of conformity with the international standard of SO 14001: 2004 issued by a certification organization which is a member of the International Forum of Accreditation (IFA), the Pacific Accreditation Cooperation (PAC) or a similar standard;

3. An (01) original copy of a Report on assessment of products satisfied criteria of Vietnam Green Label as specified by the Ministry of Natural Resources and Environment for each category of products, enclosed with testing results issued by the testing organization with a validity not exceeding six (06) months since the date of receiving a valid dossier of registration by the Vietnam Environment Administration;

4. A (01) certified-true copy of the certificate of registration of goods label;

5. A (01) photocopy or drawing of industrial design of products having dimension of 21 cm x 29 cm.

Article 8. The certification process of Vietnam Green Label

1. The dossier on registration for certifying Vietnam Green Label shall be sent to the Vietnam Environment Administration. The General Director of the Vietnam Environment Administration shall assign a (01) specialized unit which is under the Administration being a standing unit to assess the dossier on registration for certifying Vietnam Green Label.

2. Within five (05) working days since the date of receiving a dossier of registration, the Vietnam Environment Administration shall be responsible for consideration of completion and validity. In case the dossier is not completed or invalid, the Vietnam Environment Administration shall issue a written request for amendment, supplement and completion of the dossier.

3. Within twenty (20) working days since the date of accepting the dossier in term of completion and validity, the Vietnam Environment Administration shall be responsible for doing assessment on the dossier on registration for certifying Vietnam Green Label on the basis of appropriate level of the registration dossier with the criteria of Vietnam Green Label.

4. In case of a satisfied testing result, within five (05) working days since the day of testing result, the General Department of the Vietnam Environment Administration shall be responsible for signing the Decision on certification of Vietnam Green Label. The Decision on certification of Vietnam Green Label shall be notified the enterprise right after signing of promulgation.

5. In case of an unsatisfied testing result, within three (03) working days since the date of testing result, the General Department of Vietnam Environment Administration shall be responsible for sending a written notice to the enterprise and stating reasons of not being satisfied.

Article 9. The Decision on certification of Vietnam Green Label

1. The decision on certification of Vietnam Green Label shall be made pursuant to Annex 3 which is enclosed to this Circular.

2. The product code being certified with Vietnam Green Label shall bear the number of the Decision on certification of product satisfying criteria of Vietnam Green Label plus year of issuance.

3. The Decision on certification of Vietnam Green Label shall valid within three (03) years since the date of issuance.

Article 10. Re-certification of products satisfying the criteria of Vietnam Green Label

1. The repeat of consideration, assessment and certification of Vietnam Green Label shall be carried out in one of following cases:

a) The enterprise has a continuous demand in labeling of Vietnam Green Label after the Decision on certification of Vietnam Green Label is expired. Three (03) months before decision is expired, enterprise shall submit dossier of registration of re-certification

b) There is a change in design and manufacture of product to which those changes influence to the satisfactory of criteria of Vietnam Green Label.

2. Order, procedures of a re-registration and re-certification shall be carried out in accordance with the registration for a first certification of Vietnam Green Label.

3. In case the Decision on certification of Vietnam Green Label is still valid but there is a change in the criteria of Vietnam Green Label, then the enterprise does not require to do re-registration; in case there is only change in brand name of product, then the enterprise does not also require to do re-registration but to send a notification on this change to the Vietnam Environment Administration.

Article 11. Labeling of Vietnam Green Label

1. After having a Decision on certification of Vietnam Green Label, the enterprise shall do labeling of Vietnam Green Label for product being certified.

2. The enterprise shall choose one of forms for labeling Vietnam Green Label on products or packages of products being certified with the Vietnam Green Label as follows:

a)Sticking;

b)Drawing;

c) Clipping;

d) Engraving;

e) Printing.

3. Dimension and colors of the Vietnam Green Label shall be fixed on products in accordance with Annex 4 which is enclosed to this Circular.

The position for fixing the Vietnam Green Label is self-designed, decided by enterprise to be visible but not affect to information indicated on goods labels as prescribed by law  

4. Labeling of Vietnam Green Label is strictly forbidden in the following cases:

a) The validity of the Decision on certification of Vietnam Green Label is expired.

b) The Vietnam Green Label is printed wrongly in comparison with its model;

c) Labeling of Vietnam Green Label on products which were not products registered and granted with the Decision on certification of Vietnam Green Label.

Article 12. Supervision of the use of Vietnam Green Label

1. Periodically once a year, the enterprise which was granted with the Decision on certification of Vietnam Green Label, shall be responsible for reporting quantities of manufactured and traded products being labeled with Vietnam Green Label to the Vietnam Environment Administration for summarization.

2. The Vietnam Environment Administration shall coordinate with other relevant units to carry out inspections or tests on typical samples of products being labeled with Vietnam Green Label in cases there are suspected signs or complaints. Enterprises shall only pay fees for inspection or testing on typical samples of products being labeled with the Vietnam Green Label in cases the statements on inspections or testing documents conclude that those enterprises violated the criteria of Vietnam Green Label.

Article 13. Withdrawal of Decision on certification of Vietnam Green Label

1. An enterprise shall be withdrawn its Decision on certification of Vietnam Green Label when it violates one of following cases:

a) The enterprise violates provisions on making assessment reports;

b) An enterprise violates the criteria of the Vietnam Green Label;

2. An enterprise shall not be considered for being granted the new Vietnam Green Label within two (02) years since the date of the Decision on withdrawal is effective.

Chapter 3.

IMPLEMENTATION PROVISIONS

Article 14. Organization of implementation

1. The Ministry of Natural Resources and Environment shall assign the Vietnam Environment Administration to organize assessments on dossiers of registering, certifying Vietnam Environment Label; to guide, check, supervise and speed up the implementation of this Circular.

2. All relevant Ministries, ministerial-level agencies, government-attached agencies, People’s Committees of all levels, organizations and individuals shall take responsibilities for implementation of this Circular.

Article 15. Implementation effect

This Circular takes effect on January 15, 2014.

During implementation process of this Circular, if there is any problem or difficulty, it is suggested that state agencies, organizations or individuals to promptly report to the Ministry of Natural Resources and Environment for consideration and settlement./.

For Minister

Deputy Minister

Bui Cach Tuyen