Thông tư 36/2016/TT-BCT

CIRCULAR

ON ENERGY LABELING FOR MEANS AND EQUIPMENT USING ENERGY UNDER MANAGEMENT OF THE MINISTRY OF INDUSTRY AND TRADE

Pursuant to the Government's Decree No. 95/2012/ND-CP dated November 12, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Law on economical and efficient 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 economical and efficient use of energy;

Pursuant to the Law on Technical regulations and standards dated June 29, 2006;

Pursuant to the Law on Product and goods quality dated November 21, 2007;

Pursuant to the Government's Decree No. 107/2016/ND-CP July 1, 2016 on conditions for provision of conformity assessment services;

At the request of Director of General Department of Energy;

The Minister of Industry and Trade promulgates a Circular on energy labeling for means and equipment using energy under management of the Ministry of Industry and Trade.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Circular provides for procedures for registration, energy labeling and revocation of energy labels for means and equipment on the List of means and equipment required for energy labeling issued by the Prime Minister under management of the Ministry of Industry and Trade or other means and equipment carrying voluntary energy labels (hereinafter referred to as means and equipment).

2. This Circular shall not apply to the following means and equipment using energy:

a) Temporarily imported goods, means and equipment; goods in transit, transited goods;

b) Goods produced and processed by domestic enterprises for the purpose of export (not for domestic consumption);

c) Goods in the fields of national defense and security, national secret, radiation safety;

d) Non-commercial imported goods: Personal baggage, diplomatic cargo; goods displayed in exhibits or fairs; gifts; goods, spare parts, components imported in single unit for the purposes of use or replacement in facilities, investment projects, or those serving conferences, seminars of scientific research, sport competitions, cultural performances, art performances and other types of goods not for business purposes in accordance with regulations of law.  

Article 2. Regulated entities

This Circular shall apply to:

1. Manufacturers or importers (hereinafter referred to as enterprises) of means and equipment with energy labels.

2. The testing laboratories participating in testing means and equipment with energy labels.

3. Agencies managing energy labeling activities and other related agencies, organizations and individuals.

Article 3. Interpretation of terms

For the purposes of this Circular, the terms below shall be construed as follows:

1. Energy labeling means the paste, add, print, engraving energy labels on the products, packaging, or display electronic energy labels on products.

2. Comparative label means a label provides consumers with information on energy-consumption rates, type of energy, energy efficiency and other information in order for customers to compare with similar products on the market for the purposes of recognition and selection of energy-saving means and equipment.

3. Endorsement label means a label of approval to inform that the means and equipment has the highest energy efficiency in comparison with similar products.

4. ILAC means International Laboratory Accreditation Cooperation.

5. APLAC means Asia Pacific Laboratory Accreditation Cooperation.

6. VILAS means Vietnam Laboratory Accreditation Scheme.

7. ISO means International Organization for Standardization.

8. IEC means International Electrotechnical Commission.

9. TCVN means Vietnam Standards.

Chapter II

TESTING AND ENERGY LABELLING

Article 4. Testing energy efficiency

1. Testing laboratories of energy labeling include: domestic testing laboratories (independent testing laboratories or laboratories of manufacturers); foreign testing laboratories (independent testing laboratories or laboratories of manufacturers).

2. Testing laboratories of energy labeling must satisfy the following conditions:

a) Domestic testing laboratories are testing laboratories complying with regulations in Chapter II Decree No. the Government's Decree No. 107/2016/ND-CP July 1, 2016 on conditions for provision of conformity assessment services;

b) Foreign testing laboratories are testing laboratories accredited under standard ISO/IEC 17025 (or equivalent) by the accreditation bodies that have signed the mutual recognition agreements (ILAC or APLAC).

3. Bases for the test, evaluation of energy efficiency of means and equipment are the Vietnam Standards or respective regulations of the Ministry of Industry and Trade.

4. Testing the typical samples: Enterprises self-sample means and 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 laboratory for testing to be issued with the slips of testing results.

5. Test results are bases for energy labeling for products with the same model and specifications, origin and manufacturing facilities. The test results shall be valid indefinitely, unless competent authorities discover mistakes in test results or mistakes or violations committed by testing laboratories.

Article 5. Registration of energy labeling

1. Before putting means and equipment into the market, the enterprise that produces or import such means and equipment shall make an application for registration of energy labeling and send it to the Ministry of Industry and Trade.

2. An application for registration of energy labeling includes:

a) A declaration of energy labeling for means and equipment using energy, which clearly state that the enterprise applies for registration of either comparative label or endorsement label using the form in Appendix 1;

b) The test results provided by a testing laboratory for product model;

c) A document establishing the eligibility of the foreign laboratory (in case of testing of energy labeling conducted by a foreign testing laboratory);

d) Expected energy label model.

3. The applicant for registration of energy labeling may either submit the application online on the website of the Ministry of Industry and Trade or submit the application directly or by post to the Ministry of Industry and Trade. Where the above-mentioned documents prescribed in Clause hereof are in foreign languages, they must be translated into Vietnamese and notarized.

Article 6. Energy labeling

1. After the application for registration of energy labeling is submitted to the Ministry of Industry and Trade, the applicant may self-conduct the energy labeling in accordance with the declaration of energy labeling for the registered product. The applicant must take responsibility for the accuracy and truthfulness of declared information in the declaration of energy labeling and information displayed on the energy labels.

2. Energy labels are used consistently in accordance with provisions of the Ministry of Industry and Trade, forms, specifications of energy labels prescribed in Appendix 2 of this Circular.

3. An energy label must at least contain:

a) Abbreviated or full name of the manufacturer/importer;

b) The code of means and equipment;

c) Information on energy consumption rate;

d) Applicable standards or regulations.

4. The applicant may select electronic energy labels for means and equipment in accordance with the use of electronic energy labels or other energy labels for the purposes of energy labeling.

5. Energy label pasted on the means and equipment 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.

Article 7. Registration of energy re-labeling

1. The applicant must apply for registration of energy re-labeling when one of the following circumstances occurs:

a) Evaluation criteria have changed;

b) Means and equipment registered to carry energy labels has changes in energy-consumption rates.

2. Contents and procedures for registration of energy labeling shall be consistent with Article 5 of this Circular.

Chapter III

INSPECTION, SUPERVISION, AND REVOCATION OF ENERGY LABELS

Article 8. Inspection and supervision of energy labeling

1. Regularly or irregularly, the Ministry of Industry and Trade shall cooperate with relevant authorities to undertake a verification visit of applicant’s energy labeling.

2. Before every January 15, the applicant conducting energy labeling shall make a report on the number and types of means and equipment which have been produced, consumed and carrying energy labels during year using form in Appendix 3 and send it to the Ministry of Industry and Trade and the Service of Industry and Trade.

3. Before every January 15, testing laboratories shall make reports on the number and types of means and equipment undergoing tests to carry energy labels using form in Appendix 4 and send them to the Ministry of Industry and Trade.

Article 9. Complaints and settlement of complaints

1. Complaints on the energy labeling may be sent to the Ministry of Industry and Trade for settlement in accordance with law on complaints.

2. Means and equipment with energy label being complained are stored and inspected by an independent testing laboratory.

3. If the sample of inspected means and equipment on the market is considered unsatisfied, the Ministry of Industry and Trade shall consider deciding the verification visit at the applicant.

4. Any organization, individual, or enterprise making complaints shall pay all testing costs in the case the complaints are untrue.

5. Any organization, individual, and enterprise having the means and equipment with energy labeling must bear all costs of the test; expenses associated with handling and fixing errors; of the fines and other additional sanctions as prescribed by law in a case where the means and equipment fails to satisfy conditions as prescribed.

Article 10. Revocation of energy labels

1. The Ministry of Industry and Trade shall decide to recover an energy label in any of the following cases:

a) The sample of energy label has discrepant information in comparison with the expected sample in the application for registration of energy labeling;

b) The energy-consumption rate of the means and equipment is higher than the energy-consumption rate specified in the declaration of energy labeling.

2. The decision on revocation of energy label shall be sent simultaneously to the violating enterprises, the Vietnam Standard and Consumer Association and posted on the website of the Ministry of Industry and Trade.

Chapter IV

IMPLEMENTATION

Article 11. Responsibilities of the Ministry of Industry and Trade

1. Develop annual plans on the energy labeling, plans to build energy efficiency standards, assess and accredit the testing laboratories.

2. Develop annual plans for inspection of energy labeling, initiate the implementation and direct Services of Industry and Trade to inspect and supervise enterprises engaging in manufacturing, import, and distribution of means and equipment named in the list of means and equipment required to carry energy labels.

3. Cooperate with the Ministry of Science and Technology in developing, promulgating, and amending the National Standards for energy efficiency and methods for determining energy efficiency.

4. Receive application for registration of energy labeling and disclose information about the energy labeling including the list of means and equipment with energy labels, test results of energy efficiency on the website of the Ministry of Industry and Trade.

5. Cooperate with regulatory agencies in dealing with complaints and dispute in connection with the registration and energy labeling. Propose plans for handling the complaints properly with reasonable grounds or notify the organization or individual making complaint in case the complaint is incorrect or without reasonable grounds.

6. Disclose detailed information about registration procedures, the specific forms for registration of energy labeling for means and equipment on the website of the Ministry of Industry and Trade.

7. Require the enterprises to recall means and equipment which have carried energy labels not in compliance with regulations being marketed.

Article 12. Responsibilities of Services of Industry and Trade

1. Inspect and supervise, in the administrative divisions, the implementation of energy labeling conducted by enterprises engaging in manufacturing, import and distribution of means and equipment named in the list of means and equipment required to carry energy labels.

2. Receive and collect information of reports of the enterprises on means and equipment of manufacture, import named in the list of means and equipment required to carry energy labels in the localities annually and the and means and equipment carrying energy labels in the year and send a final report to the Ministry of Industry and Trade before March 15 of the succeeding year.

3. Handle proposals for handling plan, examine the elimination of violations of the enterprises that are headquartered in the provinces violated the energy labeling and report to the Ministry of Industry and Trade.

4. Implement the management and supervision under authorization of the Ministry of Industry and Trade.

Article 13. Responsibilities of enterprises

1. Make periodic reports on the number and types of means and equipment having been manufactured, traded and carrying energy labels and send them to the Ministry of Industry and Trade and the Service of Industry and Trade where enterprises are headquartered before every January 15.

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, apply for registration for energy labeling in accordance with Article 7 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 authorities and also carry out the remedial measures for means and equipment being manufactured, imported or distributed, means and equipment being marketed 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 or energy-consumption rates registered for energy labeling.

4. Regularly implement and maintain the measures to ensure means and equipment to achieve energy-consumption rates as registered.

5. To recall means and equipment carry energy labels not in compliance with regulations and being marketed.

Article 14. Entry into force

1. This Circular comes into force from February 10, 2017 and replaces Circular No. 07/2012/TT-BCT dated April 4, 2012 of the Ministry of Industry and Trade on energy labeling for means and equipment using energy (hereinafter referred to as Circular No. 07).

2. With regard to testing laboratories designated by The Ministry of Industry and Trade as prescribed in Circular No. 07, those testing laboratories shall keep their operation until the expiration of validity period of the decision on designation of laboratory.

3. With regard to enterprises engaging in manufacturing and import of means and equipment accredited by the Ministry of Industry and Trade in accordance with Circular No. 07, they are entitled to keep energy labeling for the means and equipment until the expiration of validity period of the decision on accreditation of energy labeling.

4. Article 8 of Circular No. 04/2016/TT-BCT on amendments to a number of Circulars of the Minister of Industry and Trade on administrative procedures in electronic commerce of chemicals, manufacturing and trading liquor, franchising, trading of goods through commodity exchanges, energy, food safety, and electricity shall be annulled.

5. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Industry and Trade for consideration

APPENDIX 1

FORM OF DECLARATION OF ENERGY LABELING FOR MEANS AND EQUIPMENT USING ENERGY
(Issued together with Circular No. 36/2016/TT-BCT dated December 28, 2016 of the Minister of Industry and Trade)

DECLARATION OF ENERGY LABELING FOR MEANS AND EQUIPMENT USING ENERGY

To: The Ministry of Industry and Trade

Enterprise’s name: ………………………………………………………………………………

Name of managing entity: ………………………………………………………………………

Headquarters: ……………………………………………………………………………………

Phone number: …………………………….. Fax: ……………………………………………..

Email: ……………………………………………………………………………………………..

After considering conditions prescribed in Circular No. 36/2016/TT-BCT dated December 28, 2012 of the Minister of Industry and Trade on energy labeling for means and equipment using energy under management of the Ministry of Industry and Trade

We hereby request the Ministry of Industry and Trade to accept the declaration in order for we conduct energy labeling (comparative labels and/or endorsement labels) in association with the following energy-consuming products:

1) ……..

2) ………..

……………

Enclosed documents include:

1) List of means and equipment required to carry energy labels (enclosed);

2) ………

3) ………

We hereby declare to comply with regulations and take responsibility for the above-mentioned information.

List of means and equipment required to carry energy labels

(enclosed with the declaration of energy labeling for means and equipment using energy No. ...dated...)

Applicant for registration of energy labeling: ………………………………………………;

Headquarters: ………………………………………………………………………………………

Certificate of business registration No. ………………………………………………………….

Address of factory: …………………………………………………………………………

Accreditation standard: Vietnam Standards ………………………  Energy efficiency.

APPENDIX 2

SPECIFICATIONS OF TEMPLATE OF ENERGY LABEL
(Issued together with Circular No. 36/2016/TT-BCT dated December 28, 2016 of the Minister of Industry and Trade)

A. Endorsement energy label

1. Endorsement energy label shows an energy-saving symbol (also known as Viet Energy Star) affixed to means, equipment circulating in the market as these means and equipment have the level of energy efficiency meeting or exceeding the high energy performance (HEP) prescribed by the Ministry of Industry and Trade for each period.

2. The color and size of endorsement energy label are specified as follows:

B. Comparative energy label

1. Comparative energy label affixed to means and equipment circulating in the market to provide consumers with information on the energy performance of one mean or equipment compared to other means or equipment of the same type in the market, helping consumers choose means and equipment with lower energy consumption.

Different energy performance levels equivalent to five levels of energy performance correspond to number of stars on the label (one star to five stars; five-star label shows the best energy performance).

The images of comparative energy labels shown below correspond to five levels of energy performance as prescribed (by the number of stars on the label):

2. The color and size of comparative energy label are specified as follows:

3. Information to be shown on the label

A comparative energy label must contain at least the following information:

a) Number of stars on the energy label: Different energy performance levels equivalent to five levels of energy performance correspond to number of stars on the label (one star to five stars) which are determined according to the test results of energy efficiency of the product.

b) Manufacturer’s name: the name of the organization/enterprise manufacturing the product carrying energy label;

c) Origin: Information of the country where the product is manufactured.

d) Product code: The code of the product registered for labeling.0}

dd) Nominal power: Nominal power of the mean or equipment disclosed by the manufacturer.

e) Energy efficiency: Energy efficiency index of equipment specified in Vietnam Standards.

g) Vietnam standards: Energy efficiency standards to be used for the mean or equipment.

APPENDIX 3

FORM OF REGULAR REPORT OF MANUFACTURER OR IMPORTER OF MEANS AND EQUIPMENT CARRYING ENERGY LABELS

REGULAR REPORT OF MANUFACTURER OR IMPORTER OF MEANS AND EQUIPMENT CARRYING ENERGY LABELS (Year….)

To: ……………………………………………………………………………………………

Enterprise’s name: ………………………………………………………………………………..

Managing entity’s name: …………………………………………………………………………

Headquarters: ……………………………………………………………………………………..

Phone number: …………………………….. Fax: ………………………………………………

Email: ……………………………………………………………………………………………….

Pursuant to Circular No. 36/2016/TT-BCT dated December 28, 2016 of the Minister of Industry and Trade, the manufacturer or importer of means and equipment carrying energy labels reports as follows:

APPENDIX 4

FORM OF REPORT ON TESTING OF MEANS AND EQUIPMENT
(Issued together with Circular No. 36/2016/TT-BCT dated December 28, 2016 of the Minister of Industry and Trade)

REPORT

ON TESTING OF MEANS AND EQUIPMENT CARRYING ENERY LABELS

To: The Ministry of Industry and Trade

1. Name of testing laboratory……………………………………………………………………..

2. Address: …………………………………………………………………………………………

3. Phone number: …………………………Fax: …………………………… Email: …………..

Issued with a certificate of business in testing services No. [   ], [date of issue] by [issuing authority].

Pursuant to Circular No. 36/2016/TT-BCT dated December 28, 2012 of the Minister of Industry and Trade on energy labeling for means and equipment using energy under management of the Ministry of Industry and Trade, [name of testing laboratory] reports as follows:

4. Proposals (if any).