Circular No. 07/2012/TT-BTNMT stipulates criteria, procedures, and formalities for recognizing environmentally friendly plastic bags.

CIRCULAR

Regulations on criteria, procedures for recognizing environmentally friendly plastic bags

recognize environmentally friendly plastic bags

Pursuant to Decree No. 67/2011/NĐ-CP dated August 8, 2011 of the Government detailing and guiding the implementation of certain provisions of the Law on Environmental Protection Tax;

Pursuant to the Government Decree No. 80/2006/NĐ-CP dated August 9, 2006 detailing and guiding the implementation of certain provisions of the Environmental Protection Law;

Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment, which has been amended and supplemented by Decree No. 19/2010/NĐ-CP dated March 5, 2010 and Decree No. 89/2010/NĐ-CP dated August 16, 2010;

Considering the proposal of the General Director of the Environment Administration and the Head of the Legal Department;

The Minister of Natural Resources and Environment promulgates this Circular stipulating criteria, procedures for recognizing environmentally friendly plastic bags,

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates criteria, procedures for recognizing environmentally friendly plastic bags that are imported, produced, and used in Vietnam.

Article 2. Applicability

This Circular applies to state management agencies; organizations, individuals, households within the country; foreign organizations, individuals (hereinafter referred to collectively as organizations, individuals) involved in activities related to determining criteria, procedures for recognizing environmentally friendly plastic bags.

Article 3. Principles for Recognizing Environmentally Friendly Plastic Bags

1. A plastic bag must meet all the criteria set forth in Article 8 of this Circular to be issued with a Certificate of Environmentally Friendly Plastic Bag.

2. The Certificate of Environmentally Friendly Plastic Bag shall be issued by a competent state agency based on the assessment and conclusion of the Evaluation Board for Registration of Environmentally Friendly Plastic Bags.

Article 4. Establishment, Functions, and Activities of the Evaluation Board for Registration of Environmentally Friendly Plastic Bags

1. The Director of the General Department of Environment shall establish the Evaluation Board for Registration of Environmentally Friendly Plastic Bags (hereinafter referred to as the Board) upon receiving complete and valid registration applications from organizations and individuals seeking recognition of environmentally friendly plastic bags. The Board must have at least seven members, including the Chairman, Secretary, and other members who must have a bachelor's degree or higher in relevant fields and experience in related areas.

2. The Board shall advise the Director of the General Department of Environment in evaluating products according to the criteria specified in Article 8 of this Circular.

3. The Board shall operate on a collective basis, conducting open and direct discussions among its members and concluding based on majority opinion.

4. Conditions for holding formal meetings of the Board: The Chairman and Secretary of the Board must be present, along with at least two-thirds of the Board members as determined by the establishment decision, and representatives of organizations and individuals applying for registration of environmentally friendly plastic bags.

5. The Board's activities shall be organized and implemented through the Permanent Office for Evaluation of Registration Applications for Environmentally Friendly Plastic Bags.

Article 5. Permanent Office for Evaluation of Registration Applications for Environmentally Friendly Plastic Bags

1. The Director of the General Department of Environment assigns one organization or specialized unit under the General Department with appropriate functions and tasks to serve as the Permanent Office for Evaluation of Registration Applications for Environmentally Friendly Plastic Bags (hereinafter referred to as the Permanent Office).

2. Tasks and activities of the Permanent Office:

a) Assist the Director of the General Department of Environment in receiving and processing registration applications for environmentally friendly plastic bags;

b) Draft the Decision establishing the Board with the structure and composition as prescribed in Clause 1 of Article 4 of this Circular for the Director of the General Department of Environment to consider and decide;

c) Prepare necessary conditions for the Board to convene meetings;

d) Receive evaluation results from Board members and proceed with necessary procedures to submit to the Director of the General Department of Environment for consideration and issuance or extension of the Certificate of Environmentally Friendly Plastic Bag;

đ) Perform other related tasks assigned by the Director of the General Department of Environment.

Article 6. Publishing and Reporting on Environmentally Friendly Plastic Bags and Plastic Bags with Revoked Environmental Certificates

1. Plastic bags that have been granted or renewed an environmentally friendly certificate must be updated in the List of Environmentally Friendly Products. Plastic bags with revoked environmentally friendly certificates must be removed from the List of Environmentally Friendly Products.

2. Every six (06) months, the Director of the General Department of Environment shall be responsible for updating and publishing the List of Environmentally Friendly Products and the List of Products with Revoked Environmentally Friendly Certificates on the website of the Ministry of Natural Resources and Environment and the General Department of Environment.

Article 7. Green Vietnam Label Plastic Bags

Plastic bags that have been granted the Green Vietnam Label according to the regulations of the Ministry of Natural Resources and Environment are environmentally friendly plastic bags that meet the criteria set forth in this Circular and have been issued an environmentally friendly plastic bag certificate in accordance with the provisions of this Circular.

Chapter II
SPECIFIC PROVISIONS

Section 1
CRITERIA, PROCEDURES AND REQUIREMENTS FOR REGISTRATION AND RECOGNITION OF ENVIRONMENTALLY FRIENDLY PLASTIC BAGS

Article 8. Criteria for Environmentally Friendly Plastic Bags

Environmentally friendly plastic bags must meet the following criteria:

1. The plastic bag must have one of the two technical characteristics listed below:

a) A single-layer thickness greater than 30 µm (micrometers), minimum size larger than 20 cm (centimeters), and the organization or individual producing or importing the plastic bag must have a plan for recovery and recycling;

b) Capable of biodegrading at least 60% within a period not exceeding two (02) years.

2. The plastic bag must contain a maximum allowable amount of heavy metals as follows: 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. The plastic bag must be produced in households or production facilities that comply fully with environmental protection laws.

Article 9. Testing Methods and Laboratory Conditions

1. The testing methods to determine the parameters specified in Clause 1 and Clause 2 of Article 8 of this Circular shall be carried out according to national standards (TCVN) or American Standards ASTM 6954, ASTM 6400, European Standards EN 13432, Australian Standards AS 4736-2006, or equivalent international standards.

2. Testing must be conducted by laboratories accredited according to ISO/IEC 17025 for corresponding indicators.

Article 10. Documents for Registration and Recognition of Environmentally Friendly Plastic Bags

The documents for registration and recognition of environmentally friendly plastic bags include:

1. One (1) copy of the application for recognition of environmentally friendly plastic bags according to the form prescribed in Appendix 1 attached to this Circular.

2. One (1) copy of the Business Registration Certificate or Business License.

3. One (1) copy of one of the following documents: Decision approving the Environmental Impact Assessment Report, Decision approving the Environmental Protection Plan, Decision approving the Detailed Environmental Protection Plan; Certificate of Meeting Environmental Standards, Confirmation of Environmental Commitment Registration, Notification of Acceptance of Environmental Commitment Registration, Confirmation of Environmental Protection Plan, Confirmation of Simple Environmental Protection Plan Registration.

4. One (1) copy of one of the following documents:

a) For facilities required to prepare an Environmental Impact Assessment Report: Confirmation of Implementation of Contents and Requirements of the Decision Approving the Environmental Impact Assessment Report before Official Operation; Confirmation of Completion of Environmental Protection Works and Measures during Operation;

b) For facilities required to prepare a Detailed Environmental Protection Plan: Confirmation of Completion of Implementation of the Detailed Environmental Protection Plan of the Facility.

5. One (1) copy of the Certificate of Origin of the Product (Certificate of Origin) for imported plastic bags.

6. One (1) report on the latest periodic environmental monitoring results of the production facility.

7. One (1) test result sheet and two (2) samples of products meeting the criteria specified in Clause 1 and Clause 2 of Article 8 of this Circular. In cases where organizations or individuals applying for recognition of environmentally friendly plastic bags have not yet obtained biodegradability test results, they shall follow the provisions of Article 11 of this Circular.

8. One (1) product description of biodegradable plastic bags and related documents: Introduction of raw materials, production process; product characteristics; product brand; usage and storage instructions according to the model prescribed in Appendix 2 attached to this Circular or Recovery and Recycling Plan for plastic bags thicker than 30 µm according to the model prescribed in Appendix 3 attached to this Circular.

Article 11. Organization of Testing for Biodegradability Capability

1. Organizations and individuals applying for recognition of environmentally friendly plastic bags that have not yet obtained test results on biodegradability capability of the product must commit according to the model prescribed in Appendix 4 attached hereto to be considered for issuance of the Certificate of Environmentally Friendly Plastic Bags.

2. In cases where a certificate is issued, within 12 (twelve) months from the date the plastic bag is issued the certificate, organizations and individuals applying must organize testing and submit the test results on biodegradability capability of the product to the General Department of Environment to complete the file.

3. The testing of biodegradability capability of the product shall be carried out in accordance with the provisions of Article 9 of this Circular.

Article 12. Procedure for Evaluating the Application File for Recognition of Environmentally Friendly Plastic Bags

1. Organizations and individuals applying for recognition of environmentally friendly plastic bags shall prepare 01 (one) set of application files in accordance with the provisions of Article 10 of this Circular to be sent to the General Department of Environment for examination and evaluation for issuance of the Certificate of Environmentally Friendly Plastic Bags. Organizations and individuals applying for recognition of environmentally friendly plastic bags are responsible for paying fees in accordance with current laws.

2. Within 05 (five) working days from the date of receipt of the file, the General Department of Environment shall be responsible for examining the completeness and validity of the file. In case the file is incomplete or invalid, the General Department of Environment shall notify in writing the organization or individual applying for correction and supplementation.

3. Within 45 (forty-five) working days from the date of receipt of the complete and valid application file for recognition of environmentally friendly plastic bags, the Director of the General Department of Environment shall be responsible for establishing and organizing a meeting of the Evaluation Board for the application file for recognition of environmentally friendly plastic bags in accordance with the provisions of Article 4 of this Circular.

Article 13. Procedures for Recognizing Environmentally Friendly Plastic Bags

1. Based on the application file of organizations and individuals, the proposal of the Standing Agency, and the evaluation results of the application file for recognition of environmentally friendly plastic bags by the Board, within 05 (five) working days from the date of the meeting of the Board, the Director of the General Department of Environment shall be responsible for issuing the Certificate of Environmentally Friendly Plastic Bags for each type of registered environmentally friendly plastic bags. The Certificate of Environmentally Friendly Plastic Bags shall be in the form prescribed in Appendix 5 attached hereto.

2. In cases where the Certificate of Environmentally Friendly Plastic Bags is not issued, the Director of the General Department of Environment shall be responsible for notifying in writing the organization or individual applying and stating the reasons.

3. The Certificate of Environmentally Friendly Plastic Bags shall be valid for no more than 36 (thirty-six) months from the date of issuance.

Section 2
EXTENSION AND REVOCATION OF THE CERTIFICATE OF ENVIRONMENTALLY FRIENDLY PLASTIC BAGS

Article 14. Procedures and Formalities for Extending the Certificate of Environmentally Friendly Plastic Bags

1. The Certificate of Environmentally Friendly Plastic Bags may be extended when the previously issued certificate has expired and the product continues to meet the criteria stipulated in Article 8 of this Circular.

2. Prior to 60 (sixty) days before the expiration of the Certificate of Environmentally Friendly Plastic Bags, organizations and individuals shall prepare 01 (one) set of extension application files to be submitted to the General Department of Environment for consideration and extension of the certificate. The extension application file includes:

a) 01 (one) copy of the application for extension of the Certificate of Environmentally Friendly Plastic Bags in the form prescribed in Appendix 6 of this Circular, accompanied by a description of the product ensuring compliance with the criteria stipulated in Article 8 of this Circular;

b) 01 (one) copy of the Certificate of Environmentally Friendly Plastic Bags already issued.

3. Within 05 (five) working days from the date of receipt of the file, the General Department of Environment shall be responsible for examining the completeness and validity of the file. In case the file is incomplete or invalid, the General Department of Environment shall notify in writing the organization or individual applying for correction and supplementation.

4. In cases where the extension application file for the Certificate of Environmentally Friendly Plastic Bags is complete and valid, within 15 (fifteen) working days from the date of receipt of the file, the Director of the General Department of Environment shall be responsible for extending the previously issued certificate for each type of environmentally friendly plastic bags.

5. The Certificate of Environmentally Friendly Plastic Bags may be extended multiple times, each extension being valid for no more than 24 (twenty-four) months from the date of extension.

Article 15. Revocation of Environmental-Friendly Plastic Bag Certification

1. The environmental-friendly plastic bag certification shall be revoked in the following cases:

a) The product, organization, or individual producing the plastic bags does not meet the criteria for environmental-friendly plastic bags as stipulated in Article 8 of this Circular when inspected or audited by the competent authority.

b) The organization or individual producing the product fails to comply with the provisions set out in Clause 1 and Clause 2 of Article 11 of this Circular.

c) The environmental-friendly plastic bag has been recalled from the Green Label Program.

2. Within five (5) working days from the date of determining that the plastic bag falls under the scope defined in Clause 1 of this Article, the Standing Agency shall report to the Director General of the Environment Administration for consideration and issuance of the Decision to revoke the environmental-friendly plastic bag certification.

Chapter III
IMPLEMENTING PROVISIONS

Article 16. Implementation Organization

The Ministry of Natural Resources and Environment shall instruct the Environment Administration to organize the evaluation of registration files, recognition of environmental-friendly plastic bags; provide guidance, inspection, monitoring, and urging compliance with this Circular.

2. Ministries, ministerial-level agencies, government-affiliated agencies, People's Committees at all levels, and related organizations and individuals shall be responsible for implementing this Circular.

Article 17. Effective Date

This Circular takes effect from August 20, 2012.

During the implementation of this Circular, if there are difficulties or obstacles, please promptly reflect them to the Ministry of Natural Resources and Environment for consideration and resolution./.