Circular No. 07/2012/TT-BCT on affixing energy labels for energy-consuming vehicles and equipment

CIRCULAR

Regulations on energy labeling for energy-consuming vehicles and equipment

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Based on Decree No. 189/2008/ND-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade; Decree No. 44/2011/ND-CP amending and supplementing Article 3 of Decree No. 189/2007/ND-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Law on Rational and Efficient Energy Use dated June 28, 2010;

Based on Decree No. 21/2011/ND-CP dated March 29, 2011 detailing and providing guidance on the implementation of the Law on Rational and Efficient Energy Use;

The Minister of Industry and Trade hereby stipulates regulations on energy labeling for energy-consuming vehicles and equipment as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the procedures for registration, evaluation, issuance of certificates, suspension, revocation of certificates, designation of testing organizations, and implementation of energy labeling for vehicles and equipment listed in the Catalogue of Vehicles and Equipment Required to Have Energy Labels issued by the Prime Minister or for vehicles and equipment that voluntarily apply energy labels (hereinafter referred to collectively as vehicles and equipment).

Article 2. Applicability

This Circular applies to:

1. Manufacturers and importers (hereinafter referred to as enterprises) of vehicles and equipment as specified in Article 1.

2. Testing organizations designated to participate in testing vehicles and equipment with energy labels.

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

Article 3. Explanation of Terms

In this Circular, the following abbreviations have the meanings set forth below:

1. Energy labeling: means affixing, attaching, printing, or engraving energy labels on products or packaging.

2. ILAC: International Laboratory Accreditation Cooperation (International Laboratory Accreditation Cooperation).

3. APLAC: Asia Pacific Laboratory Accreditation Cooperation (Asia Pacific Laboratory Accreditation Cooperation).

4. VILAS: Vietnam Laboratory Accreditation Scheme (Vietnam Laboratory Accreditation Scheme).

5. ISO: International Organization for Standardization (International Organization for Standardization).

6. IEC: International Electrotechnical Commission (International Electrotechnical Commission).

7. TCVN: Vietnamese Standards.

Article 4. Principles and methods of certification for energy labeling of energy-consuming vehicles and equipment

1. The basis for testing, evaluating, and certifying energy-efficient vehicles and equipment is TCVN standards or relevant regulations of the Ministry of Industry and Trade.

2. Testing organizations must be those meeting the conditions as prescribed and designated by the Ministry of Industry and Trade.

3. Methods of certification for domestically produced vehicles and equipment include:

a) Testing typical samples;

b) Production condition assessment (at the production facility);

c) Issuance of certificates, the validity period of which does not exceed three years;

d) Post-certification product monitoring.

4. Methods of certification for imported vehicles and equipment include:

a) Testing typical samples;

b) On-site inspection (warehouse, yard);

c) Issuance of certificates for each consignment.

Chapter II

CONDITIONS, PROCEDURES, AND REQUIREMENTS FOR DESIGNATING TESTING ORGANIZATIONS AND RECOGNIZING TESTING RESULTS OF TESTING ORGANIZATIONS

TH认可试验组织的试验结果

Article 5. Conditions for Designating Testing Organizations

1. Independent testing organizations with sufficient capacity within the VILAS system, accredited according to TCVN ISO/IEC 17025 standards or foreign testing organizations recognized by mutual recognition agreements signed by accreditation organizations (ILAC or APLAC).

2. Testing organizations not yet accredited according to the VILAS system's standards, TCVN ISO/IEC 17025 but having sufficient capacity to test energy consumption indicators of vehicles and equipment, including:

a) Having testing staff trained in the appropriate technical field for the tested vehicles and equipment;

b) Having testing equipment operating well, maintained, calibrated, and verified in accordance with regulations and accurate enough to perform testing indicators;

c) Having all necessary equipment suitable for testing requirements;

d) Having complete procedures and work guidance for testing;

đ) Maintaining and storing necessary records: training records for testing staff; records of calibration and verification; maintenance and repair records for testing equipment; records of testing activity results (if any).

Article 6. Procedure for Designating Testing Organizations

1. Testing organizations wishing to participate in testing activities for energy labeling must prepare and submit registration files to the General Department of Energy.

2. The registration dossier includes:

a) A copy of the certificate of registration for the field of testing activities according to Circular 08/2009/TT-BKHCN dated April 8, 2009 guiding requirements, procedures, and formalities for registering fields of conformity assessment activities.

b) The registration form for designating an energy labeling testing organization according to Form 1 attached hereto;

c) A list of testers of the designated testing organization according to Form 2 attached hereto;

d) A list of documents, standards, and procedures serving testing according to Form 3 attached hereto;

đ) Test reports;

e) Relevant documents and certificates as evidence (if any);

g) Results of testing activities in the most recent year (if any).

3. Within no more than twenty working days from the date of receipt of complete and valid files, the General Department of Energy shall organize the examination of the files, conduct an actual capability assessment at the premises, and submit to the Ministry of Industry and Trade for a decision on designating the testing organization. The validity period of the designation decision shall not exceed three years.

In case of refusal to designate, the General Department of Energy shall notify the reasons for refusal in writing to the testing organization.

4. At least three months before the decision on designating the testing organization expires, if necessary, the testing organization must re-register and submit the file according to the provisions of Clause 2 of this Article.

5. In case of changes or additions to the scope of designated fields, the designated testing organization must follow the change and addition registration procedure (new registration) and submit the file according to the provisions of Clause 2 of this Article.

Article 7. Recognition of Testing Results of Foreign Organizations

Testing results of energy-saving equipment abroad will only be accepted if the following conditions are met:

1. Foreign-related testing organizations must be independent organizations recognized according to ISO/IEC 17025 (or equivalent) standards by accreditation organizations that have signed mutual recognition agreements (ILAC or APLAC).

2. Foreign-related testing organizations must register for designation with the General Department of Energy according to the procedures and formalities stipulated in Article 6 of this Circular.

3. The registration file includes:

a) A copy of the legal entity certification or similar document;

b) The registration form for designating an energy labeling testing organization according to Form 1 attached hereto;

c) A list of testers of the designated testing organization according to Form 2 attached hereto;

d) A list of documents, standards, and procedures serving testing according to Form 3 attached hereto;

đ) Test report or test result report;

e) Accreditation certificate of the accreditation organization (if any);

g) Results of testing activities in the most recent year (if any).

Documents in the file must be translated into Vietnamese and notarized.

4. Tests must comply with the testing methods specified in the TCVN standards and other corresponding regulations.

Chapter IV

PROCEDURE FOR EVALUATION, ISSUANCE OF ENERGY LABEL CERTIFICATE AND ENERGY LABELING

Article 8. Procedure for Evaluation and Issuance of Energy Label Certificate

Enterprises producing or importing equipment listed in Article 1 of this Circular participating in energy label certification and labeling (confirmation label or comparison label) need to follow the steps below:

1. Typical sample testing: Enterprises take samples of equipment themselves; the number and method of sampling are in accordance with relevant standards or regulations of the Ministry of Industry and Trade and send them to the testing organization designated by the Ministry of Industry and Trade for testing according to the relevant standard to obtain a test result report.

2. Prepare and submit the file to the General Department of Energy, which includes:

a) An application for energy label certification for energy-consuming equipment, specifying whether the enterprise applies for a comparative label or a confirmation label according to Form 4 attached, along with a list of types of equipment;

b) Business registration certificate (notarized copy);

c) Copy of contracts with foreign suppliers (for importers) and customs declaration forms;

d) Trademark registration certificate;

đ) Quality standard announcement of products and goods (notarized copy stamped by the head of the enterprise), a summary description of the basic characteristic parameters of the equipment;

e) Test results issued by the designated testing organization within six months from the date of issuance;

g) Enterprise quality management system documentation;

h) Related quality management system certificates.

For cases where agents submit on behalf of foreign manufacturers, the agent must present a power of attorney. If the above documents and materials are in a foreign language, they must be translated into Vietnamese and notarized.

3. Certification evaluation

a) Within ten working days from the date of receiving the complete application for energy label certification for equipment, the General Department of Energy examines the file, evaluates the enterprise's capability, the suitability of the file and test results compared to evaluation standards; determines the level of energy consumption compared to published standards;

b) After evaluating the file and finding it suitable, the General Department of Energy conducts an on-site evaluation of enterprises applying for energy labeling and issues a decision certifying energy-efficient equipment.

4. Issuance of Energy Label Certification

In case the evaluation file meets the requirements:

a) For importers, the Ministry of Industry and Trade issues a decision granting an energy label certification for the registered equipment. The certificate is only valid for each imported consignment. Subsequent consignments from the same origin, same manufacturing plant address, without technical changes affecting certification requirements, the importer must submit a report to the General Department of Energy for the Ministry of Industry and Trade to issue a new certificate. If there are changes in product origin, manufacturing plant location, model, or technical design, re-evaluation and certification are required;

b) For manufacturers, the Ministry of Industry and Trade decides to issue an energy label certification. The certificate has a maximum validity period of three years. The energy label certification follows the format specified in Form 5 of this Circular. Three months before the expiration of the certificate, the enterprise must resubmit the certification file.

In case the evaluation result is not satisfactory, the General Department of Energy shall notify the enterprise in writing and specify the reasons.

Article 9. Use of energy labels

1. The energy label shall be uniformly used in accordance with the regulations of the Ministry of Industry and Trade, the form and sample must be printed according to the model prescribed in Appendix 6 of this Circular. The energy label must contain the following basic information:

a) Full name or abbreviation of the manufacturer;

b) Name and code of the equipment and device;

c) Certification number issued by the Ministry of Industry and Trade and the date of issuance;

d) Information on energy consumption;

đ) Standards or regulations applied.

Technical information specific to each piece of equipment and device will be specified in the appendix of the decision certifying the energy label.

2. After receiving the certificate for affixing the energy label, the enterprise shall print the energy label and affix it to the registered equipment and devices according to the energy level determined in the issued certificate.

3. The energy label attached to the equipment, device, or packaging with appropriate size may be resized proportionally without causing confusion, obscuring, or affecting the information on the product label as prescribed by law.

4. Upon expiration of the validity period of the certificate, the enterprise shall not continue to affix the energy label and must reapply for certification.

Article 10. Re-certification

1. The enterprise must reapply for certification when one of the following situations occurs:

a) The certificate has expired;

b) Evaluation standards have changed;

c) Equipment and devices that have been certified have changes in energy consumption levels;

d) Content of the product label has changed;

đ) Change in production location.

2. The content and procedures for re-certification shall be carried out as in the initial certification.

Chapter VI

INSPECTION, SUPERVISION, SUSPENSION, AND REVOCATION OF ENERGY LABEL CERTIFICATE

Article 11. Post-certification Inspection and Supervision

1. Periodically or irregularly, the Ministry of Industry and Trade shall proactively coordinate with relevant ministries and sectors to conduct inspections of samples of equipment and devices on the market or at production facilities.

2. Annually, enterprises that have been granted certification and affixed energy labels shall be responsible for preparing reports on the quantity and types of equipment and devices produced, consumed, and labeled with energy labels during the year according to the model in Appendix 7 and submit them to the General Department of Energy and the Department of Industry and Trade before January 15 of the following year.

Article 12. Complaints and Resolution of Complaints

1. Organizations and individuals who lodge complaints about affixing energy labels shall submit them to the General Department of Energy for resolution in accordance with the law on complaints.

2. Equipment and devices with affixed energy labels that are subject to complaints shall be retained for sampling and retesting at an independent testing organization.

3. In cases where the tested equipment and devices do not meet requirements, the General Department of Energy shall consider and decide on increasing the number and method of sampling for retesting.

4. Organizations, individuals, and enterprises making complaints must bear all testing costs if the complaint is found to be incorrect.

5. Organizations, individuals, and enterprises with equipment and devices affixed with energy labels must bear all costs of testing; costs related to handling and rectifying errors; penalties and supplementary penalty measures as prescribed by law in cases where the equipment and devices do not meet the requirements.

Article 13. Management of Labeling Testing Activities

1. Annually, once a year, designated testing organizations shall be responsible for preparing reports on the quantity and types of equipment and devices listed in the labeling directory that have been tested according to the model at Appendix 8 and sending them to the General Department of Energy.

2. The Ministry of Industry and Trade shall decide to suspend the designation for energy efficiency labeling testing when the testing organization commits any of the following acts:

a) Providing false or fabricated test results;

b) Failing to submit periodic reports as prescribed in this Circular or failing to comply with the directives and instructions of competent state agencies;

c) No longer having the required testing capacity as prescribed.

Article 14. Suspension of Energy Efficiency Labeling

1. The Ministry of Industry and Trade shall decide to suspend energy efficiency labeling when a business commits any of the following acts:

a) Applying energy efficiency labels without obtaining an energy efficiency labeling certification;

b) Printing incorrectly or using energy efficiency labels improperly for the purpose of misleading customers;

c) Misrepresenting the energy consumption level on the energy efficiency label that was certified by the Ministry of Industry and Trade;

d) Using energy efficiency labels for objects other than those registered and certified for energy efficiency labeling;

đ) Using expired or tampered certificates;

e) Making changes to the design and manufacturing of equipment and devices that reduce energy performance standards without re-registering with the General Department of Energy;

g) Failing to comply with reporting requirements as prescribed;

h) Having actual test results that do not match the energy efficiency of the registered equipment and devices.

2. A business suspended from applying energy efficiency labels may not continue to apply such labels until it has completed corrective measures and remedied violations.

Article 15. Revocation of Energy Efficiency Labeling Certification

1. The Ministry of Industry and Trade shall decide to revoke energy efficiency labeling certification when a business commits any of the following acts:

a) Failing to comply with the requirements in the decision suspending the use of energy efficiency labels within the specified time limit;

b) Engaging in fraud in the application registration dossier for energy efficiency labeling.

2. The decision to revoke the Energy Efficiency Labeling Certificate shall be sent simultaneously to the violating business, the Vietnam Standards and Consumer Protection Association, and published on the Ministry of Industry and Trade’s website and the General Department of Energy’s website.

Chapter VII

IMPLEMENTATION

Article 16. Responsibilities of the General Department of Energy

1. Develop annual plans for energy efficiency labeling, plans for establishing energy performance standards, and evaluate and designate testing organizations.

2. Serve as the focal point for advising the Ministry of Industry and Trade on coordinating with the Ministry of Science and Technology to establish, issue, and amend National Standards on energy performance and methods for determining energy performance.

3. Receive applications for certification of energy efficiency labeling.

4. Receive applications for designation of testing organizations for energy-consuming equipment and devices.

5. Evaluate the capacity and quality assurance conditions at manufacturing enterprises, testing organizations, importing businesses, and conditions affecting energy performance and quality of registered equipment and devices.

6. Manage, inspect, and supervise the activities of designated testing organizations, businesses with labeled equipment and devices on the market, and monitor the sampling process for testing by businesses.

7. Coordinate with relevant authorities to resolve complaints and disputes related to registration, evaluation, certification, issuance of certificates, and energy efficiency labeling.

8. Organize inspections of energy efficiency labeling, propose solutions to the Ministry of Industry and Trade in cases where complaints are correct and substantiated, or notify the complainant organization or individual if the complaint is incorrect or unsubstantiated.

9. Publish detailed information about registration procedures and detailed forms for labeling energy-consuming equipment and devices on the Ministry of Industry and Trade's and the General Department's websites.

10. Require businesses to recall equipment and devices that have been incorrectly labeled and are circulating in the market.

11. Recommend the Ministry of Industry and Trade to issue a decision to suspend the use of energy efficiency labels if a business fails to comply with reporting requirements under Clause 1, Article 18 of this Circular for over 90 days.

Article 17. Responsibilities of Provincial Departments of Industry and Trade

1. Conduct inspections, supervision, and monitoring within their jurisdiction regarding the implementation of energy efficiency labeling by production, import, and distribution businesses of equipment and devices listed in the Directory of Equipment and Devices Required to Be Labeled.

2. Receive and compile annual reports from businesses on equipment and devices produced and imported within the local directory of equipment and devices required to be labeled, and on equipment and devices that have been labeled in the year, and send these reports to the Ministry of Industry and Trade before March 15 of the following year.

3. Handle, propose solutions, and inspect the correction of violations by businesses headquartered in the province regarding energy efficiency labeling, and report to the Ministry of Industry and Trade.

4. Recommend the Ministry of Industry and Trade to issue a decision to suspend the use of energy efficiency labels if a business fails to comply with reporting requirements under Clause 1, Article 18 of this Circular for over 90 days.

5. Carry out other management and supervisory tasks as delegated by the Ministry of Industry and Trade.

Article 18. Responsibilities of Enterprises

1. Prepare regular reports on the quantity and types of equipment and devices that have been produced, traded, and labeled for energy savings and send them to the Department of Industry and Trade where the business is headquartered before January 15 each year.

2. Timely report to the Ministry of Industry and Trade any technological indicators that change, any impacts on increasing or decreasing energy consumption levels of equipment and devices, and implement re-registration for certification according to Article 10 of this Circular when there are changes in design or technology that affect energy consumption levels.

3. Proactively report to the Ministry of Industry and Trade and local competent authorities while taking corrective measures for equipment and devices currently being produced, imported, or distributed, as well as those in circulation on the market and in use when it is found that their own equipment and devices being produced or traded exhibit non-compliance with corresponding evaluation standards.

4. Immediately cease affixing energy labels on equipment and devices, and submit reports to the Ministry of Industry and Trade along with proposals for remedial actions upon receiving a decision to suspend the use of energy labels.

5. Regularly implement and maintain measures to ensure that equipment and devices meet the registered and confirmed energy efficiency standards as stated in the Certificate of Conformity.

6. Recall equipment and devices of enterprises that have been improperly labeled with energy labels and are circulating in the market.

Article 19. Effective Date

1. This Circular takes effect from May 19, 2012.

2. During implementation, if there are any difficulties or new issues arise, organizations and individuals are advised to reflect them to the Ministry of Industry and Trade for prompt resolution./.