Nội dung toàn văn Circular No. 30/2011/TT-BCT of April 10, 2011, stipulating temporarily the permissible content limitation of some toxic chemicals in the electronic, electrical products
THE MINISTRY OF | SOCIALIST REPUBLIC OF VIET NAM |
No.: 30/2011/TT-BCT | 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 made by 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 implemented until 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 |
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)
Products’ names | HS Code |
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 |
ANNEX 3
THE CASES OF EXEMPTION NOT APPLICABLE PERMISSIBLE CONTENT LIMITATION OF SOME HAZARDOUS CHEMICALS PRESCRIBED IN ANNEX 1
(Issuing together with the Circular No.30/2011/TT-BCT dated August 10, 2011 of the Ministry of Industry and Trade)
No. | The cases of exemption | Cope and time limit of application |
1 | Mercury in unipolar fluorescent lamps is not exceeded (calculated for each burner): |
|
1.1 | Used for lighting purposes in general with capacity of less than 30 W: 5 mg | Expiry on 31/12/2011; After 31/12/2011, each burner can be used 3.5 mg until 31/12/2012; After 31/12/2012 each burner shall be used 2.5 mg |
1.2 | Used for lighting purposes in general with capacity of from 30W to 50W: 5 mg | Expiry on 31/12/2011; After 31/12/2011, each burner can be used 3.5 mg |
1.3 | Used for lighting purposes in general with capacity of from 50W to 150W: 5 mg |
|
1.4 | Used for lighting purposes in general with capacity of more than 150W: 15 mg |
|
1.5 | With the fluorescent lamps with square or circular design and with a tube diameter of smaller than 17mm for lighting purposes in general | Not be limited in use until 31/12/2011; After 31/12/2011, each burner can be used 7mg |
1.6 | Used for special purposes: 5mg |
|
2 | Mercury in some types of fluorescent lamps include: |
|
2.1 | Mercury in two poles straight fluorescent lamps for lighting purposes in general is not exceeded (calculated for each lamp): |
|
- Fluorescent lamps of spectral 3 lines with an average lifespan and tube diameter of smaller than 9mm: 5mg | Expiry on 31/12/2011; After 31/12/2011, each lamp can be used 4 mg | |
- Fluorescent lamps of spectral 3 lines with an average lifespan and tube diameter of more than or equal to 9mm and less than or equal to 17mm: 5mg | Expiry on 31/12/2011; After 31/12/2011, each lamp can be used 3 mg | |
- Fluorescent lamps of spectral 3 lines with an average lifespan and tube diameter of more than or equal to 17mm and less than or equal to 28mm: 5mg | Expiry on 31/12/2011; After 31/12/2011, each lamp can be used 3 mg | |
- Fluorescent lamps of spectral 3 lines with an average lifespan and tube diameter of more than or equal to 28 mm: 5mg | Expiry on 31/12/2012; After 31/12/2012, each lamp can be used 3.5 mg | |
- Fluorescent lamps of spectral 3 lines with a long lifespan (more than or equal to 2,500 hours): 8 mg | Expiry on 31/12/2011; After 31/12/2011, each lamp can be used 5 mg | |
2.2 | Mercury in other types of fluorescent lamps is not exceeded (calculated each lamp): |
|
- Calcium halophotphat fluorescent lamps with straight design and tube diameter of more than 28mm: 10mg | Expiry on 13/4/2012 | |
- Powder calcium halophotphat fluorescent without straight design (any diameter): 15mg | Expiry on 13/4/2016 | |
- Fluorescent lamps of spectral 3 lines without straight design with tube diameter of more than 17 mm | Not to be limited in use until 31/12/2011; After 31/12/2011, each lamp can be used 15 mg | |
- The type of lamps used for lighting purposes in general and other special purposes (eg inducing lamps) | Not to be limited in use until 31/12/2011; After 31/12/2011, each lamp can be used 15 mg | |
3 | Mercury in cold cathode fluorescent lamps and external electrode fluorescent lamps for special purposes is not exceeded (calculated for each lamp): |
|
3.1 | Short type (more than or equal to 500mm) | Not to be limited in use until 31/12/2011; After 31/12/2011, each lamp can be used 3.5 mg |
3.2 | Medium type (more than 500 mm and smaller than 1500 mm) | Not to be limited in use until 31/12/2011; After 31/12/2011, each lamp can be used 5 mg |
3.3 | Long type (more than 1.500 mm) | Not to be limited in use until 31/12/2011; After 31/12/2011, each lamp can be used 13 mg |
4 | Mercury in some other types of lamps includes: |
|
4.1 | Mercury in other types of electric discharge lamps of low pressure (calculated for each lamp) | Not to be limited in use until 31/12/2011; After 31/12/2011, each lamp can be used 15 mg |
4.2 | Mercury in high pressure sodium vapor lamps used for ordinary lighting purposes is not exceeded (calculated per each burner) in all types of lamps with Ra improved CRI index of more than 60: |
|
P < 155 W | Not to be limited in use until 31/12/2011; After 31/12/2011, each burner can be used 30 mg | |
155 W < P < 405W | Not to be limited in use until 31/12/2011; After 31/12/2011, each burner can be used 40 mg | |
P > 450 W | Not to be limited in use until 31/12/2011; After 31/12/2011, each burner can be used 40 mg | |
4.3 | Mercury in other high pressure sodium vapor lamps used for ordinary lighting purposes is not exceeded (calculated for each burner) |
|
P < 155 W | Not to be limited in use until 31/12/2011; After 31/12/2011, each burner can be used 25 mg | |
155 W < P < 405 W | Not to be limited in use until 31/12/2011; After 31/12/2011, each burner can be used 30 mg | |
P lớn hơn 405 W | Not to be limited in use until 31/12/2011; After 31/12/2011, each burner can be used 40 mg | |
4.4 | Mercury in high pressure mercury vapor lamps | Expiry on 13/4/2015 |
4.5 | Mercury in metal halide lamps |
|
4.6 | Mercury in other electric discharge lamps used for special purposes not mentioned in this table |
|
5 | Lead in glass part of cathode ray tubes, electronic components, fluorescent lamps includes: |
|
5.1 | Lead in glass of cathode ray discharge tubes |
|
5.2 | Lead in glass of fluorescent lamp tubes not exceeding 0.2% of its volume |
|
6 | Lead as an alloy component in steel including: |
|
6.1 | Lead as a component of the steel alloy for mechanical processing purposes and in galvanized steel not exceeding 0.35% of its volume |
|
6.2 | Lead as a component of aluminum alloy containing not more than 0.4% of its volume |
|
6.3 | Copper alloy containing not more than 4% of lead volume |
|
7 | Lead in some other details, including: |
|
7.1 | Lead in solder of high melting temperature (eg, lead-base alloys containing 85% of lead volume or more) |
|
7.2 | Lead in solder in servers, systems and devices of storage, network infrastructure equipment for switching, signaling, transmission, and network management for telecommunication use |
|
7.3 | Equipment, electronic, electric parts containing lead in glass or ceramic except for dielectric ceramics in the capacitor (eg, for piezoelectric devices), or in glass or in the mixed embryo ceramics. |
|
Lead in dielectric ceramic in the capacitor of nominal voltage more than or equal to 125 V (for AC) or 250 V (for DC) |
| |
Lead in dielectric ceramic in the capacitor of nominal voltage less than 125 V (for AC) or 250 V (for DC) | Expiry on 01/01/2013, then may be used in the replacement parts for products circulated on the market before 01/01/2013 | |
8 | Cadmium and its compounds in the cases: |
|
8.1 | Cadmium and its compounds in all kinds of thermal fuses used one time | Expiry on 01/01/2012, then may be used in the replacement parts for products circulated on the market before 01/01/2012 |
8.2 | Cadmium and its compounds in electrical switch |
|
9 | Valence chromium 6 as an anti-corrosion agent in the cooling system of carbon steel in types of intake air conditioners not exceeding 0.75% of volume of cooling liquid. |
|
10 | Lead in the bearing shell and ferrule of the types of compressors containing frozen substance used in applications of producing heat, ventilation, air conditioning and refrigeration. |
|
11 | Lead used in systems of adapters |
|
11.1 | Lead used in C-shaped pressed adapter systems | May be used in the replacement parts for products circulated on the market before 24/9/2010 |
11.2 | Lead used in other adapter systems other than the C-shaped pressed adapter system | Expiry on 01/01/2013, then may be used in the replacement parts for products circulated on the market before 01/01/2013 |
12 | Lead used as a coating material of C-ring formed heat conduction parts | May be used in the replacement parts for products circulated on the market before 24/9/2010 |
13 | Lead and cadmium in glass |
|
13.1 | Lead in glass used in optical applications |
|
13.2 | Cadmium and lead in the filter glasses and glass used as a reflective layer |
|
14 | Lead in solders containing more than two components used in joints between the legs and microprocessors with a lead content obtaining 80% to 85% of volume | Expiry on 01/01/2011, then may be used in the replacement parts for products circulated on the market before 01/01/2011 |
15 | Lead in solders to complete the electrical connection between semiconductor substrate and carrier within the integrated switching chip |
|
16 | Lead in linear incandescent lamps with silicate coated tubes | Expiry on 01/9/2013 |
17 | Halide lead as an emission in the types of high-density electric discharge lamps used in the dedicated copy applications |
|
17 | Lead as an activator in the fluorescent powder (lead obtaining less than or equal to 1% by volume) of electric discharge lamps when used as dying- leather lamps containing phosphors such as BSP (BaSi2O5:Pb) |
|
18 | Lead and cadmium in printing inks used in the glaze application on glass, such as bosilicat glass and soda lime glass. |
|
19 | Lead in completion of details of parts with slender lace, apart from the connections with lace step of less than or equal to 0.65 mm | Be used in the replacement parts for products circulated on the market before 24/9/2010 |
20 | Lead in solders for soldering multilayer ceramic capacitor of plate shape through holes and planar piece. |
|
21 | Lead oxide in electric discharge screen on surface (SED) used in structural components |
|
22 | Lead layer coating crystal |
|
23 | Cadmium alloys as mechanical or electrical solder for electricity conductive wires placed directly onto the coil of audio in the converters used in high-performance speakers with sound pressure level of more than 100dB |
|
24 | Lead in soldering materials in the flat fluorescent lamps not containing mercury (used in liquid crystal displays, industrial light) |
|
25 | Lead oxide in glass-sealed pieces used as connect objects for Argon and Krypton laser tubes s |
|
26 | Lead in solders for soldering thin copper wires with a diameter of less than or equal to 100 μm used in power transformers. |
|
27 | Lead in parts of potentiometers. |
|
28 | Lead in the coating of high voltage diodes with zinc borate glass body |
|
29 | Cadmium and cadmium oxide in the paste coating to link beryllium oxide with aluminum |
|
30 | Cadmium in II-VI LEDs lamps changed color for systems of display and lighting. (less than 10 μg Cd per mm2 of lighting area) | Expiry on 01/7/2014 |
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