Circular No. 30/2011/TT-BCT provides temporary limits on the permissible levels of certain harmful chemicals in electrical and electronic products.

CIRCULAR

Temporary Regulations on the Limit of Allowable Content of Certain Hazardous Chemicals in Electrical and Electronic Products

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Pursuant to Decree No. 189/2007/NĐ-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/NĐ-CP dated June 14, 2011 of the Government amending and supplementing Article 3 of Decree No. 189/2007/NĐ-CP;

The Government issues this Decree amending and supplementing the list of narcotic substances and precursors promulgated together with Decree No. 57/2022/NĐ-CP dated August 25, 2022 of the Government stipulating the lists of narcotic substances and precursors.

Article 1. Amending and supplementing some articles of Circular No. 21/2023/TT-BTTTT dated December 31, 2023 of the Ministry of Information and Communications on functions and technical features of the Administrative Procedure Handling Information System at the ministerial and provincial levels (hereinafter referred to as Circular No. 21/2023/TT-BTTTT) as follows: The Ministry of Industry and Trade hereby promulgates temporarily the limit of allowable content of certain hazardous chemicals in electrical and electronic products as follows:

Article 1. Scope of Regulation

Article 1. This Circular stipulates temporarily the limit of allowable content of certain hazardous chemicals in electrical and electronic products circulating in the Vietnamese market.

Article 2. The following goods are not subject to the provisions of this Circular:

a) Electrical and electronic components; various types of batteries, accumulators;

b) Spare parts for repair, reuse, or upgrade of electrical and electronic products;

c) Electrical and electronic products given as gifts, souvenirs, exhibition and product demonstration items; hand luggage, personal property of organizations and individuals; temporarily imported re-exported goods, goods in transit;

d) Electrical and electronic products circulating in the Vietnamese market before the effective date of this Circular.

Article 2. Applicability

This Circular applies to organizations and individuals producing, trading, and importing electrical and electronic products.

Article 3. Explanation of Terms

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

1. Limit of Allowable Content of Certain Hazardous Chemicals in Electrical and Electronic Products is the maximum percentage by weight of these substances allowed in homogeneous materials constituting electrical and electronic products.

2. Homogeneous Material is a material that cannot be separated into other materials by mechanical means.

Article 4. Electrical and Electronic Products Must Comply with the Limit of Allowable Content

Electrical and electronic products circulating in the Vietnamese market must comply with the limit of allowable content of certain hazardous chemicals as specified in Appendix 2 attached to this Circular, including the following groups of products:

1. Large Household Appliances.

2. Small Household Appliances.

3. Information Technology and Telecommunication Equipment.

4. Consumer Equipment.

5. Lighting Equipment.

6. Electric Tools (excluding large, fixed tools used in industry).

7. Toys, Entertainment, and Sports Equipment.

8. Automatic Measuring Instruments.

Article 5. Hazardous Chemicals Limited in Electrical and Electronic Products

1. Hazardous chemicals limited in electrical and electronic products include the following chemicals: Lead (Pb), Cadmium (Cd), Mercury (Hg), Chromium VI (Cr6+), Polybrominated Biphenyl (PBB), and Polybrominated Diphenyl Ethers (PBDE).

2. The content of hazardous chemicals in electrical and electronic products circulating in the Vietnamese market shall not exceed the permissible limits set forth in Appendix 1, except for cases specified in Appendix 3 attached to this Circular.

3. An electrical or electronic product is considered to comply with the regulations on the limit of hazardous chemical content if all homogeneous materials constituting the product comply with the limit of hazardous chemical content.

4. When there is no corresponding Vietnamese Technical Regulation, temporarily apply the current standard of IEC 62321: Electrical Equipment - Determination of Levels of Six Regulated Substances (in English: Electrotechnical Products - Determination of Levels of Six Regulated Substances) to assess the content of harmful substances in electrical and electronic products.

Article 6. Responsibilities of organizations and individuals producing and importing electrical and electronic products

1. Ensure that electrical and electronic products produced or imported contain levels of harmful chemicals not exceeding the limits specified in Appendix 1 of this Circular.

2. Organizations and individuals producing and importing electrical and electronic products shall publish general information in accordance with the following direction: Electrical and electronic products produced or imported by organizations and individuals comply with the provisions of this Circular regarding the permissible levels of harmful substances. The publication of information shall be carried out in one of the following forms:

a) Posting on the organization's or individual's website;

b) Information in user manuals, which may be in the form of a printed manual or accompanying product documentation;

c) Electronic information (CDs, etc.);

d) Direct printing on the product or packaging.

3. In all cases, organizations and individuals producing and importing electrical and electronic products shall bear full responsibility under the law for the authenticity of the published information as stipulated in Clause 2 of this Article.

4. Establish and retain records managing the levels of harmful chemicals in electrical and electronic products before they enter the Vietnamese market and must present them when requested by competent authorities. Management records include: List of input materials; quality inspection certificates of input materials and components; management procedures for harmful chemical levels.

Article 7. Responsibilities of organizations and individuals trading in electrical and electronic products

Organizations and individuals distributing and retailing electrical and electronic products are only permitted to trade in products that ensure compliance with the provisions of Clause 2 of Article 6 of this Circular regarding the permissible levels of harmful substances.

Article 8. Responsibilities of state management agencies

1. Chemical Department

a) Take the lead in coordinating with relevant agencies in inspecting organizations and individuals producing and importing electrical and electronic products that do not meet the permissible levels of harmful substances as prescribed in this Circular;

b) Designate laboratories recognized as meeting the requirements of ISO/IEC/17025: General Requirements for the Competence of Testing and Calibration Laboratories to test the criteria specified in Appendix 1 attached to this Circular. The designation of laboratories authorized to conduct tests shall be carried out in accordance with Circular No. 09/2009/TT-BKHCN dated April 8, 2009, issued by the Ministry of Science and Technology guiding the requirements, procedures, and formalities for designating conformity assessment bodies.

2. Market Management Department

Handle violations according to the law for electrical and electronic products circulating on the market that do not meet the permissible levels of harmful substances.

Article 9. Effective Date

1. This Circular takes effect from September 23, 2011, and shall be implemented until replaced by corresponding National Technical Regulations.

2. From December 1, 2012, electrical and electronic products produced or imported must implement the publication of information about the permissible levels of certain harmful substances as stipulated in Clause 2 of Article 6 of this Circular.

3. During implementation, if there are difficulties, organizations and individuals shall promptly report to the Ministry of Industry and Trade for appropriate amendments and supplements./.