Quyết định 1493/QD-BTNMT

DECISION

ON THE ORDER AND PROCEDURES FOR THE CERTIFICATION AND THE PILOT ISSUANCE OF “VIETNAM GREEN LABEL”

THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

Pursuant to the Law on Environment protection of November 29, 2005;

Pursuant to the Government's Decree No. 80/2006/ND-CP of August 09, 2006 on detailing and guiding the implementation of a number of articles of the Law on Environment protection; the Government's Decree No. 21/2008/ND-CP of February 28, 2008 on amending and supplementing a number of articles of the Government's Decree No. 80/2006/ND-CP of August 09, 2006 on detailing and guiding the implementation of a number of articles of the Law on Environment protection;

Pursuant to the Government's Decree No. 25/2008/ND-CP of March 04, 2008 on defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to the Decision No. 253/QD-BTNMT of March 05, 2009 of the Minister of Natural Resources and Environment on approving the Ecology label issuance program

At the proposal of the Director of the Vietnam Environment Administration

DECIDES

Article 1. Scope of regulation

This Decision prescribes the order and procedures for the pilot certification and issuance of the “Vietnam green label” to eco-friendly products and services

Article 2. Subjects of application

Enterprises having products, services in the List of eco-friendly products and services announced by the Ministry of Natural Resources and Environment that have been selected to issue the “Vietnam green label” on trial are entitled to request the Ministry of Natural Resources and Environment to consider, assess and issue the “Vietnam green label” to their products and services if the criteria of the “Vietnam green label” announced by the Ministry of Natural Resources and Environment are satisfied.

Article 3. Applying for the “Vietnam green label” pilot issuance

1. The application for the “Vietnam green label” pilot issuance includes:

a) 01 Request for the “Vietnam green label” pilot issuance under the form in Annex 1 promulgated together with this Decision;

b) 01 Report on the environment management situation of the enterprise under the form in Annex 2 promulgated together with this Decision;

c) The Review of the observance of law provisions on environment protection from the Service of Natural Resources and Environment where the enterprise operate its production and business under the form in Annex 3 promulgated together with this Decision;

d) 01 Assessment report on the fulfillment of the “Vietnam green label” criteria of the enterprise under the form in the Annex promulgated together with the Decision on approving the “Vietnam green label” criteria for each particular group of products and services from the Minister of Natural Resources and Environment;

dd) 01 sheet of the sample analysis report (original) issued by the Laboratory prescribed in Clause 1 Article 5 of this Decision. The time limit must not exceed six (06) months as from the Vietnam green label Office receives the official application (the written valid application);

e) 01 draft design of the “Vietnam green label” on the product or its package;

g) 01 The written commitment to not violate the intellectual property rights of other organizations and individuals regarding the products and services being applied for the label under the form in Annex 4 promulgated together with this Decision.

2. Submitting the application for the “Vietnam green label” pilot issuance:

a) Enterprises shall submit the application for the “Vietnam green label” pilot issuance via the email: [email protected]. If the application is valid, the Vietnam green label Office shall request the enterprise to submit the official application to the Vietnam Environment Administration, the Ministry of Natural Resources and Environment.

b) The forms and registration procedures for the “Vietnam green label” pilot issuance shall be announced on the website (http://www.vea.gov.vn/VN/quanlymt/nhanxanhvn) of the Vietnam Environment Administration, the Ministry of Natural Resources and Environment.

Article 4. The consideration and technical assessment of the application for the “Vietnam green label” pilot issuance

1. Consideration of the application for the “Vietnam green label” pilot issuance

a) Within five (05) working days as from receiving the application for the “Vietnam green label” pilot issuance via email, the Vietnam green label Office is responsible to consider the conformity of the documents in the application and request the enterprise to send the official application if the application is valid and qualified.

If the application is not valid or does not satisfy the requirements, the Vietnam green label Office shall notify via email and request the enterprise to complete and supplement the application. Within ten (10) working days as from being notified, the enterprise needs to complete the application. If the enterprise fails to complete the application after that time limit, the application is consider void.

b) Within two (02) working days as from receiving the official application, the Vietnam green label Office is responsible to transfer it to the technical assessment unit prescribed in Clause 2 Article 5 of this Decision to perform the following stages.

2. Technical assessment

a) Within ten (10) working days as from receiving the application for the “Vietnam green label” pilot issuance transferred from the Vietnam green label Office, the technical assessment unit prescribed in Clause 2 Article 5 of this Decision is responsible to assess the conformity of the document in the application on the basis of comparing with the “Vietnam green label” pilot issuance criteria announced by the Ministry of Natural Resources and Environment.

Within two (02) working days after getting the technical assessment results, the technical assessment unit is responsible to transfer the application and the technical assessment result in writing to the Vietnam green label Office for performing the following stages.

b) If the technical assessment result is passed, within five (05) working days as from receiving the technical assessment result, the Vietnam green label Office is responsible to notify the enterprise of which the application for the “Vietnam green label” pilot issuance is passed in order for them to sign the commitment to use the “Vietnam green label” with the Ministry of Natural Resources and Environment and receive the Decision on certifying products, services satisfying the criteria for the “Vietnam green label” pilot issuance.

c) In case the technical assessment result is failed, within three (03) working days as from receiving the technical assessment result, the Vietnam green label Office is responsible to send written notification to the enterprise and specify the reasons for being failed.

Within ninety (90) working days as from receiving the notification on the technical assessment result, the enterprise shall adjust, amend and complete the application in accordance with the written notification from the Vietnam green label Office.

After that time limit, if the enterprise fails to implement the requirements from the Vietnam green label Office, the application for the “Vietnam green label” pilot issuance shall be invalidated and the enterprise must follow the registration procedures from the beginning.

Article 5. Laboratories and technical assessment units

1. Laboratories are organizations, units being accredited by the accreditation cooperation that have signed the mutual recognition agreement (ILAC - MRA, International Laboratory Accreditation Cooperation - Mutual Recognition Agreement).

2. Technical assessment unit

a) The Center for Environmental Consultancy and Technology belonging to the Vietnam Environment Administration, the Ministry of Natural Resources and Environment is appointed as the technical assessment unit.

b) The Center for Environmental Consultancy and Technology is responsible to assess the conformity of the documents in the application for the “Vietnam green label” pilot issuance on the basis of comparing with the criteria for products and services applying for the “Vietnam green label” pilot issuance announced by the Ministry of Natural Resources and Environment and carry out inspections for verifying the information about the products, services and the relevant data from the enterprise that applied for the “Vietnam green label” pilot issuance if necessary.

Article 6. Document confidentiality

The agencies that conduct the assessment and the “Vietnam green label” pilot issuance are responsible to secure the confidentiality of the information, figures and data written in the applications for the “Vietnam green label” pilot issuance; the provisions of the figures for the third parties must be agreed in writing by the enterprises that have submitted the application for the “Vietnam green label” pilot issuance.

Article 7. Issuing the Decision on certifying products, services satisfying the criteria for the “Vietnam green label” pilot issuance

1. The Decision on certifying products, services satisfying the standards for the “Vietnam green label” pilot issuance shall be made under the form in Annex 5 promulgated together with this Decision.

The code of products and services eligible for the “Vietnam green label” pilot issuance is code on the Decision on certifying products, services satisfying the standards for the “Vietnam green label” pilot issuance together with the year of issue (e.g. 1234/QD-TCMT-2009).

The longest term of a the Decision on certifying products, services satisfying the standards for the “Vietnam green label” pilot issuance is three (3) years as from the date of issue.

2. The Director of the Vietnam Environment Administration shall sign the Decision on certifying products, services satisfying the standards for the “Vietnam green label” pilot issuance.

Article 8. Affixing the “Vietnam green label”

1. The enterprise being issued with the Decision on certifying products, services satisfying the standards for the “Vietnam green label” pilot issuance is entitled to affix the “Vietnam green label” to the products and services that have applied for the “Vietnam green label” pilot issuance.

2. The “Vietnam green label” being affixed to the products, services must comply with the form in Annex 6 promulgated together with this Decision.

The position for affixing the “Vietnam green label” shall be designed and determined by the enterprise without overlapping, causing confusion, or affecting the information written on the goods labels as prescribed by law.

3. When the Decision on certifying products, services satisfying the standards for the “Vietnam green label” pilot issuance expires, the enterprise must not continue affixing the “Vietnam green label” to their products or services.

When wishing to continue affixing the “Vietnam green label” to the products and services, the enterprise must submit another application for the “Vietnam green label” pilot issuance for reassessment and recertification.

4. For the inventory products being produced before the Decision on certifying products, services satisfying the standards for the “Vietnam green label” pilot issuance expires, the enterprise is still entitled to affix the labels to these inventory products within 06 months as from the Certificate expires.

Article 9. Re-certification

1. The reconsideration, reassessment and recertification of the “Vietnam green label” shall be conducted in one of the following cases:

a) When the Decision on certifying products, services satisfying the standards for the “Vietnam green label” pilot issuance expires;

b) When the products, services that have been issued with the “Vietnam green label” are changed in the design and manufacture;

2. The order and procedures for registering and recertifying shall be implemented similarly to that of the first “Vietnam green label” pilot issuance.

3. In case the Decision on certifying products, services satisfying the standards for the “Vietnam green label” pilot issuance is still valid but the label issuance criteria are changed, the enterprise is not required to register again.

4. The Director of the Vietnam Environment Administration shall sign the new Decision on certifying products, services satisfying the standards for the “Vietnam green label” pilot issuance.

Article 10. Conditions for using the label

1. The enterprise is allowed to use the “Vietnam green label” after obtaining the Decision on certifying products, services satisfying the standards for the “Vietnam green label” pilot issuance issued by competent agencies and must use it only for the certified products, services.

2. The enterprise is allowed to use the symbol “Vietnam green label” for plain illustration in the reference books and documents relating to the propagation and dissemination of the “Vietnam green label”.

Article 11. Supervising the use of the “Vietnam green label”

1. Every six months, the enterprise issued with the Decision on certifying products, services satisfying the standards for the “Vietnam green label” pilot issuance is responsible to make and send written reports on the statistics of the quantity of out-stock products to which that labels are affixed, the quantity of in-stock products, the service turnover to the Vietnam green label Office for summarization.

2. The Vietnam Environment Administration shall inspect and test the typical samples of products, services to which the labels are affixed when having suspicions or complaints.

Article 12. Suspending the Decision on certifying products, services satisfying the standards for the “Vietnam green label” pilot issuance

1. The Decision on certifying products, services satisfying the standards for the “Vietnam green label” pilot issuance shall be suspended in one of the following cases:

a) The Decision on certifying products, services satisfying the standards for the “Vietnam green label” pilot issuance is expired

b) Incorrectly printing the symbol of “Vietnam green label” that has been approved by competent agencies;

c) Improperly using or incorrectly advertising the products, services that have been issued with the “Vietnam green label” compared to the issuance criteria that cause confusion to the users;

d) Using the “Vietnam green label” for the products, services not being the registered products, services that have been issued with the Decision on certifying products, services satisfying the standards for the “Vietnam green label” pilot issuance;

dd) Changing the design and manufacture without registering with competent State agencies;

e) Not making and sending reports on the statistics of the quantity of out-stock products, services to which the labels are affixed to the Vietnam green label Office as prescribed.

2. The Director of the Vietnam Environment Administration shall sign the Decision on suspending the Decision on certifying products, services satisfying the standards for the “Vietnam green label” pilot issuance.

The Decision shall be sent to the violating enterprises, the Vietnam Standard and Consumer Association, the Association of Vietnam Retailers, and shall be posted on the website http://www.vea.gov.vn/VN/quanlymt/nhanxanhvn.

3. The enterprises that have the Decision on certifying products, services satisfying the standards for the “Vietnam green label” pilot issuance suspended must not continue affixing the “Vietnam green label” until obtaining the written certification from the Vietnam Environment Administration on the completion of the remedial measures.

Article 13. Withdrawing the Decision on certifying products, services satisfying the standards for the “Vietnam green label” pilot issuance

1. The Decision on certifying products, services satisfying the standards for the “Vietnam green label” pilot issuance shall be withdrawn in one of the following cases:

a) The enterprise is dishonest when making Active assessment reports;

b) The enterprise violates the label issuance criteria;

2. The Director of the Vietnam Environment Administration shall sign the Decision on withdrawing the Decision on certifying products, services satisfying the standards for the “Vietnam green label” pilot issuance.

The Decision on withdrawing shall be sent to the violating enterprises, the Vietnam Standard and Consumer Association, the Association of Vietnam Retailers, and shall be posted on the website http://www.vea.gov.vn/VN/quanlymt/nhanxanhvn and announced on the means of mass media.

3. The enterprise of which the Decision on certifying products, services satisfying the standards for the “Vietnam green label” pilot issuance is withdrawn must take measure for blocking the circulating products, stop affixing the labels and send reports on the remedial measures to the Vietnam Environment Administration.

Article 14. Announcing products, services eligible for the “Vietnam green label” pilot issuance

The Vietnam Environment Administration shall announce the products, services eligible for the “Vietnam green label” pilot issuance on the Environment Magazine, on the documents propagating and disseminating the “Vietnam green label” of the Vietnam Environment Administration and the website http://www.vea.gov.vn/VN/quanlymt/nhanxanhvn.

Article 15. Expenses

1. The expenses on testing, assessing, registering and pilot-issuing the “Vietnam green label” shall be paid by the enterprise under the contract with the Laboratory, the Center for Environmental Consultancy and Technology belonging to the Vietnam Environment Administration in accordance with current law provisions.

2. The expenses supervising the “Vietnam green label” shall be spent in accordance with the financial law provision and allotted from the environmental budget from the Vietnam Environment Administration written in the annual plans.

Article 16. Effects

1. This Decision shall be effective in three (03) years as from its signing.

After this Decision expires but the Decision on certifying products, services satisfying the standards for the “Vietnam green label” pilot issuance is still valid, the enterprises are still allowed to affixed the labels to the certified products and services until that Decision on certifying expires.

2. The Director of the Vietnam Environment Administration, Heads of Ministerial units, Directors of the Service of Natural Resources and Environment in central-affiliated cities and provinces and relevant organizations, individuals are responsible to implement this Decision.

During the course of implementation, the organizations and individuals are recommended to send feedbacks on the arising difficulties and obstructions to the Vietnam Environment Administration for summarizing and reporting to the Minister of Natural Resources and Environment for considering and making decisions.