Circular No. 12/2019/TT-BKHCN stipulates criteria for determining water-saving products and equipment.

CIRCULAR

Regulations on criteria for determining water-saving products and equipment

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On the basis of the Law on Water Resources dated June 21, 2012;

Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;

Pursuant to Decree No. 54/2015/NĐ-CP dated June 8, 2015 of the Government on preferential policies for water-saving activities;

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing implementation of certain provisions of the Law on Product and Service Quality and Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government amending and supplementing certain provisions of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing implementation of certain provisions of the Law on Product and Service Quality;

Pursuant to Decree No. 107/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for operating conformity assessment services and Decree No. 154/2018/NĐ-CP dated September 9, 11 2018 of the Government amending, supplementing, and abolishing certain provisions on investment and business conditions in the field under the management of the Ministry of Science and Technology and certain provisions on specialized inspection;

Pursuant to Decree No. 95/2017/NĐ-CP dated August 16, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

At the proposal of the Director General of the National Standardization, Metrology and Quality Control Department and the Head of the Legal Affairs Department;

The Minister of Science and Technology promulgates this Circular on criteria for determining water-saving products and equipment.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates criteria and methods for determining water-saving products and equipment, including:

1. Criteria for determining water-saving products and equipment;

2. Methods for determining criteria for water-saving products and equipment;

3. Methods for determining water-saving products and equipment;

4. Water-saving products and equipment with water efficiency levels consistent with national standards (TCVN) announced and applied by the Ministry of Science and Technology;

5. Use of "water-saving label."

Article 2. Applicability

1. Organizations and individuals producing and trading water-saving products and equipment as specified in Article 1 of this Circular; conformity assessment organizations conducting testing and certification of water-saving products and equipment;

2. State management agencies and other related organizations and individuals.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Water-saving product and equipment refers to products and equipment designed and constructed such that during use they must consume a specific amount of water to perform one or more functions;

2. Water efficiency level refers to the degree of water conservation of water-saving products and equipment while ensuring their functionality.

Chapter II

CRITERIA AND METHODS FOR DETERMINING WATER-SAVING PRODUCT AND EQUIPMENT CRITERIA

Article 4. Criteria for determining water-saving products and equipment

1. Water-saving products and equipment are those that meet the following criteria:

a) The function of the product or equipment ensures suitability for its intended use according to the published standard applicable to the product or equipment;

b) The water efficiency level is consistent with the corresponding national standard published by the Ministry of Science and Technology for water-saving products and equipment.

2. The water efficiency of water-saving products and equipment is divided into three levels to reflect the degree of water conservation. Water efficiency increases sequentially from Level 1 to Level 3, where Level 1 represents the lowest water efficiency and least water savings, and Level 3 represents the highest water efficiency and greatest water savings. The water efficiency of products and equipment is determined in the corresponding national standard.

Article 5. Method for determining water-saving product and equipment criteria

The method for determining water-saving product and equipment criteria shall be carried out in accordance with the relevant national standards for each product and equipment.

Among them, water-saving sanitary products and household appliances will be compiled into the List of Water-Saving Sanitary Products and Household Appliances as stipulated in Appendix I attached hereto.

Article 6. Determination of water-saving products and equipment

1. Water-saving products and equipment that meet the criteria specified in Article 4 of this Circular shall be determined through an assessment of compliance with the corresponding national standards.

2. The conformity assessment for water-saving products and equipment shall be conducted according to Method 1 as prescribed in Circular No. 28/2012/TT-BKHCN dated December 12, 2012 issued by the Minister of Science and Technology on the announcement of conformity to standards and technical regulations and methods of conformity assessment based on voluntary application by organizations and individuals requesting determination, and amended and supplemented by Circular No. 02/2017/TT-BKHCN dated March 31, 2017 issued by the Minister of Science and Technology.

3. Organizations conducting conformity assessments for water-saving products and equipment must register their activities in accordance with Decree No. 107/2016/NĐ-CP dated July 1, 2016 of the Government on business conditions for conformity assessment services and Decree No. 154/2018/NĐ-CP dated November 9, 2018 of the Government amending and supplementing certain provisions on investment and business conditions under the Ministry of Science and Technology's management and certain provisions on specialized inspection.

Article 7. Water-saving label

1. Encouragement is given to organizations and individuals engaged in production, business, and import to use the "water-saving label" for water-saving products and equipment.

2. Organizations and individuals voluntarily using the "water-saving label" shall comply with the Water-Saving Label Model as prescribed in Appendix II attached hereto.

3. The water-saving label must ensure the following information:

a) The certification number issued by the certifying organization along with the name of the certifying organization;

b) The symbol indicating the level of water efficiency of the product or equipment, where one star represents Level 1, two stars represent Level 2, and three stars represent Level 3.

4. The size of the water-saving label may be enlarged or reduced, or printed embossed or debossed, and integrated into the background of the product or equipment's label, ensuring it does not cause confusion, cover up, or affect the ability to observe mandatory information on the product or equipment's label as prescribed by law.

The water-saving label can be directly affixed to the product or equipment or on its packaging or user guide.

5. Imported water-saving products and equipment already labeled with a water-saving label from the exporting country, provided that the exporting country has mutual recognition agreements with Vietnam regarding the results of conformity assessment activities related to labeling, do not need to undergo conformity assessment to determine whether they are water-saving products and equipment.

6. Organizations and individuals using the water-saving label on products and equipment that do not meet the criteria for water-saving products and equipment as stipulated in this Circular shall bear responsibility according to the law, depending on the nature and extent of the negative impact on other organizations and individuals and consumers.

Chapter III

IMPLEMENTATION

Article 8. Responsibilities of the Ministry of Science and Technology

1. Develop and review national standards on water efficiency for products and equipment.

2. Establish and maintain a database of water-saving products and equipment.

3. Take the lead and coordinate with relevant ministries and sectors to organize inspections and supervision of the production, business, and import of water-saving products and equipment.

4. The Standardization, Metrology and Quality Control Administration shall organize guidance and implementation of Clause 1, 2, and 3 of this Article and designate Testing Organizations in accordance with Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Law on Product and Goods Quality; Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government amending and supplementing certain provisions of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Law on Product and Goods Quality; and Decree No. 154/2018/NĐ-CP dated November 9, 2018 of the Government amending and supplementing certain provisions on investment and business conditions under the Ministry of Science and Technology's management and certain provisions on specialized inspection.

Article 9. Responsibilities of certification organizations

1. Implement product and equipment evaluation for water-saving use and issue certificates to organizations and individuals in accordance with this Circular and relevant laws.

2. Bear responsibility for the results of evaluating products and equipment for water-saving use for organizations and individuals in accordance with the law.

3. Update information on products and equipment for water-saving use that have been issued certificates according to the guidance of the Ministry of Science and Technology.

Article 10. Responsibilities of organizations and individuals with certified water-saving products and equipment

1. Maintain measures to ensure that products and equipment continue to meet the water-saving efficiency standards as certified.

2. Cooperate with competent state management agencies when conducting inspections and examinations of production, business, and import activities related to water-saving products and equipment in accordance with the law.

3. Comply with Article 7 of this Circular when voluntarily using water-saving labels.

4. Timely notify changes in certified products and equipment to the certification organization in accordance with the law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 11. Effective Date

This Circular takes effect from January 1, 2020.

Article 12. Responsibility for Implementation

1. In case the legal documents or national standards cited in this Circular are amended, supplemented, or replaced, they shall be implemented in accordance with the new regulations.

2. During implementation, if there are difficulties or emerging issues, organizations and individuals are advised to report in writing to the Ministry of Science and Technology for guidance or research on amendments and supplements to make them appropriate.

3. The Minister, the head of a ministerial-level agency, the head of an agency under the Government, and the Chairman of the People's Committee of provinces and centrally-run cities are responsible for organizing the implementation of this Circular./.