Thông tư 07/2012/TT-BTNMT

CIRCULAR

PROVIDING ON CRITERION OF, ORDER OF, PROCEDURES FOR RECOGNITION OF ENVIRONMENTALLY FRIENDLY - NYLON BAGS

Pursuant to the Government’s Decree No. 67/2011/ND-CP of August 08, 2011 detailing and guiding the implementation of a number of articles of law on environmental protection tax;

Pursuant to the Government’s Decree No. 80/2006/ND-CP of August 08, 2006 detailing and guiding the implementation of a number of articles of law on environmental protection;

Pursuant to the Government's Decree No. 25/2008/ND-CP of March 04, 2008 defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment, which be amended and supplemented by the Decree No.19/2010/ND-CP March 05, 2010 and the Decree No.89/2010/ND-CP August 16, 2010;

At the proposal of the General director of Environment and director of the Legal Affair Department;

The Minister of Natural Resources and Environment promulgates the Circular providing criterion of, order of, procedures for recognition of environmentally friendly-nylon bags,

Chapter I

GENERAL PROVISION

Article 1. Scope of regulation

This Circular providing criterion of, order of, procedures for recognition of environmentally friendly-nylon bags which are imported, manufactured and used in Vietnam.

Article 2. Subjects of application

This Circular applies to state management agencies; foreign and domestic organizations, individuals, households (hereinafter referred to as organizations, individuals) engaging activities concerned in determining criterion of, order of, procedures for recognition of environmentally friendly-nylon bags.

Article 3. The principle of recognition of environmentally friendly - nylon bags

1. Nylon bags granted certificate of environmentally friendly-nylon bags must satisfy sufficient criterions specified in article 8 of this Circular.

2. The certificates of environmentally friendly-nylon bags are granted by competent state agencies on the basis of assessment and conclusion result by Council assessing dossiers of registering for recognition of environmentally friendly-nylon bags.

Article 4. Establishment, function and operation of the Council assessing dossiers of registering for recognition of environmentally friendly-nylon bags

1. General director of Vietnam Environment Administration shall establish a Council assessing dossiers of registering for recognition of environmentally friendly-nylon bags (hereinafter referred to as the Council) after receiving a complete and regular dossier of organization or individual applying for registering recognition of environmentally friendly-nylon bags. The Council must ensure having at least 07 (seven) members, with component and structure as follows: Chairman of Council, secretary, and members of Council who are persons possessing university level or higher in speciality suitable with requirement and have experiences in relevant field.

2. The Council has function of consultancy to help general director of Vietnam Environment Administration in product assessment under criterions specified in Article 8 of this Circular.

3. The Council works under collective principal, public and direct discussion among its members and makes conclusion < span="">

4. Condition of organizing a Council’s official session: Presentation of Council’s chairman and secretary, and at least 2/3 quantity of Council’s member under decision on Council establishment and representative of organization or individual applying for registering recognition of environmentally friendly-nylon bags.

5. Activities of Council are implemented through a standing agency assessing dossier registering for recognition of environmentally friendly-nylon bags.

Article 5. The standing agency assessing dossier registering for recognition of environmentally friendly-nylon bags

1. The general director of Vietnam Environment Administration assigns 01 (one) its organization, specialized part having suitable function, task to do as a standing agency assessing dossier registering for recognition of environmentally friendly-nylon bags (hereinafter referred to as standing agency).

2. Tasks and operations of the standing agency:

a) To help the general director of Vietnam Environment Administration in receipt and handling of dossier registering for recognition of environmentally friendly-nylon bags;

b) Drafting decision on establishing council with structure and component as prescribed in clause 1, article 4 of this Circular to submit to the general director of Vietnam Environment Administration for consideration, decision;

c) To prepare necessary conditions for council to carry out session;

d) To receive the dossier assessment result of Council’s members and to carry out necessary procedures to submit to the general director of Vietnam Environment Administration for consideration, re-granting or extension of certificates of environmentally friendly-nylon bags;

dd) To implement other relevant task assigned by the general director of Vietnam Environment Administration.

Article 6. Posting and informing about environmentally friendly-nylon bags, nylon bags which are revoked certificate of environmentally friendly - nylon bags

1. Nylon bags being granted, extended for environmentally friendly certificate must be updated in the list of environmentally friendly products Nylon bags being revoked environmentally friendly certificate must be brought out the list of environmentally friendly products.

2. Periodically every six (06) months, the general director of Vietnam Environment Administration shall update, post up the list of environmentally friendly products, the list of products revoked environmentally friendly certificate on the website of the Ministry of Natural Resources and Environment and Vietnam Environment Administration.

Article 7. Nylon bags have been granted Vietnam green label

Nylon bags having been granted Vietnam green label as prescribed of the Ministry of Natural Resources and Environment are those satisfying criterions of environmentally friendly-nylon bags and being granted certificate of environmentally friendly-nylon bags as prescribed this Circular.

Chapter II

SPECIFIC PROVISIONS

SECTION 1. CRITERION, ORDER OF, PROCEDURES FOR REGISTER, RECOGNITION OF ENVIRONMENTALLY FRIENDLY - NYLON BAGS

Article 8. The criterion of environmentally friendly - nylon bags

The environmentally friendly - nylon bags must satisfy criterions as follows:

1. The nylon bags possess one in two following technical characteristics:

a) The thickness of a layer is over 30 µm, minimum size is over 20 cm and organizations, individuals producing or importing them must have plan on withdrawal, recycling.

b) Enabling biology decompose at least 60% in time not exceeding two (02) year.

2. Nylon bags have the permitted maximum content of heavy metals under the following provision: Arsenic (As): 12 mg/kg; Cadmium (Cd): 2 mg/kg; Lead (Pb): 70 mg/kg; Copper (Cu): 50 mg/kg; Zinc (Zn): 200 mg/kg; Mercury (Hg): 1 mg/kg; Nickel (Ni): 30 mg/kg.

3. Nylon bags are produced in households, manufacture facilities that obey fully provisions of law on environmental protection.

Article 9. Method of test and conditions of laboratory

1. Method of test to define parameter specified in clause 1, clause 2 Article 8 of this Circular complies with national standard (TCVN) or American standard ASTM 6954,ASTM 6400, European standard EN 13432, Australian standard AS 4736-2006 or equivalent international standard.

2. The test must be executed by laboratories that recognized under ISO/IEC 17025 for correspondence criterions

Article 10. Dossier of registering for recognition of environmentally friendly-nylon bags

Dossier of registering for recognition of environmentally friendly-nylon bags comprising:

1. 01 (one) register sheet for recognition of environmentally friendly-nylon bags made in according to the form in Annex 1 enclosed with this Circular.

2. 01 (one) copy of Enterprise registration certificate or the Business registration certificate.

3. 01 (one) copy of 01 (one) in the following documents: Decision on approving the environmental impact assessment report, decision on approving the environmental protection project, decision on approving the detailing environmental protection project, certificate of environmental standard meeting registration, confirmation of environmental protection commitment registration, writing announcement regarding of acceptance of environmental protection commitment registration, confirmation of environmental protection project, confirmation of the simple environmental protection project registration.

4. 01 (one) copy of 01 (one) in the following documents:

a) For establishments subject to make the environmental impact assessment report: Confirmation of implementation of report’s contents and requirements of decision on approving the environmental impact assessment of project before putting it in official operation; confirmation of finishing works and environmental protection measures servicing for operation stage.

b) For establishments subject to make the detailing environmental protection project: Confirmation of finishing implementation of their detailing environmental protection project.

5. 01 (one) copy of product origin certificate for imported nylon bags

6. 01 (one) their latest report of periodical environmental observational and overseeing result

7. 01 (one) test result sheet and 02 samples of products satisfying criterions specified in clause 1, clause 2 Article 8 of this Circular. If organizations, individuals that register the recognition of environmentally friendly-nylon bag have no the biology decompose ability test result of product, provision in Article 11 of this Circular shall be implemented.

8. 01 (one) description of nylon bag product enabling biology decompose and relevant documents: Introducing raw material component, production process; product characteristics, goods product label; guides for usage, preservation made in according to form in Annex 2 enclosed with this Circular or plan on withdrawal, recycling of nylon bags of which thickness is over 30 µm made in according to form in Annex 3 enclosed with this Circular.

Article 11. Organizing the biological decompose ability test

1. Organizations, individuals that register the recognition of environmentally friendly-nylon bag have no the biology decompose ability test result of product must make commitment made in according to form in Annex 4 enclosed with this Circular to be considered, granted the certificate of environmentally friendly-nylon bags.

2. If being granted certificate, within 12 (twelve) months, from issuing, organizations, individuals must organize test and send the biological decompose ability test result to Vietnam Environment Administration for completing dossier.

3. The biological decompose ability test of products complies with provision in Article 9 of this Circular.

Article 12. Order of assessment of dossier of registering for recognition of environmentally friendly-nylon bags

1. Organizations, individuals that register the recognition of environmentally friendly-nylon bag make 01 (one) set of dossier as prescribed in Article 10 of this Circular and send it to Vietnam Environment Administration for consideration, assessment of granting the certificate of environmentally friendly-nylon bags. Organizations, individuals that register the recognition of environmentally friendly-nylon bag shall pay fees as prescribed by current law.

2. Within 05 (five) working days, from day of receiving dossier, the Vietnam Environment Administration shall consider sufficiency, validity of dossier If dossier has not been sufficient, valid, the Vietnam Environment Administration inform in written for organizations or individual to amend and supplement.

3. Within 45 (forty five) working days, after receiving sufficient and valid dossier of registering for recognition of environmentally friendly-nylon bags, the Vietnam Environment Administration shall establish and organize a session of council assessing dossier registering for recognition of environmentally friendly-nylon bags as prescribed in Article 4 of this Circular.

Article 13. The procedures for recognition of environmentally friendly - nylon bags

1. Basing on dossier of registering of organization or individual, proposal of standing agency and assessment result of dossier registering for recognition of environmentally friendly-nylon bags by the Council, within 05 (five) working days, from day of organizing Council’s session, the general director of the Vietnam Environment Administration shall grant certificate for each type of registered environmentally friendly-nylon bags. Certificate of environmentally friendly-nylon bags is made in according to form in Annex 05 enclosed with this Circular.

2. If refusing for grant of Certificate of environmentally friendly-nylon bags, the general director of the Vietnam Environment Administration shall inform in written and clearly state the reason therefore to organization or individual that registered.

3. Certificate of environmentally friendly-nylon bags is valid not exceeding 36 (thirty six) month from the day of granting.

Section 2. EXTENSION, WITHDRAWAL OF CERTIFICATE OF ENVIRONMENTALLY FRIENDLY - NYLON BAGS

Article 14. Order of, procedures for extension of certificate of environmentally friendly - nylon bags

1. Certificate of environmentally friendly-nylon bags is extended in case the granted certificate being expired and product ensuring for satisfying criterions specified in Article 8 of this Circular.

2. Before the certificate of environmentally friendly-nylon bag is expired, within 60 (sixty) days, organization or individual makes 01 (one) set of dossier of applying for extension, send it to the Vietnam Environment Administration for consideration, extension of certificate. A dossier of applying for extension comprises:

a) 01 (one) extension registration of Certificate of environmentally friendly-nylon bags made in according to form in Annex 6 of this Circular together with description of product which ensures for satisfying criterions specified in Article 8 of this Circular.

b) 01 (one) copy of the granted certificate of environmentally friendly - nylon bags .

3. Within 05 (five) working days, from day of receiving dossier, the Vietnam Environment Administration shall consider sufficiency, valid of dossier. If dossier has not been sufficient, valid, the Vietnam Environment Administration informs in written for organizations or individual to amend and supplement.

4. If the dossier of applying for extension of certificate of environmentally friendly - nylon bags is sufficient and valid, within 15 (fifteen) working days, from the day of receiving dossier, the general director of the Vietnam Environment Administration shall extend for the granted certificate with respect to each type of environmentally friendly-nylon bags.

5. The certificate of environmentally friendly-nylon bag may be expired many times, each extension shall not exceed 24 (twenty four) months, from the day of extending.

Article 15. WITHDRAWAL OF CERTIFICATE OF ENVIRONMENTALLY FRIENDLY - NYLON BAGS

1. The certificate of environmentally friendly - nylon bags shall be revoked in the following cases:

a) The product manufactured by organization or individual did not satisfy criterions of environmentally friendly-nylon bags specified in Article 8 of this Circular when it be checked, inspected by competent agencies;.

b) Organization or individual who manufacture the product did not performed provisions clause 1, clause 2, Article 11 of this Circular;

c) Nylon bag product have been withdrawn Vietnam green label.

2. Within 05 (five) working days, from the day of defining the nylon bag product is object specified in clause 1 of this Article, standing agency shall report to the general director of the Vietnam Environment Administration for consideration, issuing a decision on withdrawal of certificate of environmentally friendly-nylon bags.

Chapter III

IMPLEMENTATION PROVISIONS

Article 16. Organization of implementation

1. The Ministry of Natural Resources and Environment assigns the Vietnam Environment Administration to organize assessment of dossier of registration for recognition of environmentally friendly-nylon bags; guide, inspect, oversee, expedite implementation of this Circular.

2. Ministries, ministerial-level agencies, governmental agencies, People’s Committees at all levels and relevant organizations, individuals shall implement this Circular.

Article 17. Effect

This Circular effects from August 20, 2012.

In the course of implementation of this Circular, any problems arising, agencies, organizations, and individuals should be promptly reported to the the Ministry of Natural Resources and Environment for consideration and settlement.