Circular No. 36/2016/TT-BCT on Labeling Energy Efficiency for Energy-consuming Equipment and Vehicles under the Management of the Ministry of Industry and Trade

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular prescribes the procedures and formalities for registering, implementing energy labeling, and recalling energy labels for equipment and devices listed in the Catalogue of Equipment and Devices Required to Be Labeled with Energy Labels.

2. This Circular does not apply to the following energy-using equipment and devices:

a) Goods, materials, and equipment temporarily imported for re-export; Goods in transit, transshipment;

b) Goods produced or processed domestically for export (not consumed domestically);

c) Goods in the field of national security, state secrets, and nuclear radiation safety;

d) Non-commercial imported goods: Personal luggage, diplomatic goods; goods participating in exhibitions, trade fairs; gifts and presents; single pieces of spare parts, components, and accessories imported for use or replacement in projects, investment works, such as conferences, seminars, scientific research, sports competitions, cultural performances, artistic performances, and other goods not intended for commercial purposes as prescribed by law.

Article 2. Applicability

This Circular applies to:

1. Manufacturers and importers (hereinafter referred to as enterprises) of equipment and devices required to be labeled with energy labels.

2. Testing organizations participating in testing equipment and devices required to be labeled 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 terms shall be understood as follows:

1. Energy Labeling means affixing, attaching, printing, or engraving energy labels onto products, packaging, or displaying electronic energy labels on products.

2. Comparative Label is a label providing information on energy consumption levels, types of energy used, energy efficiency, and other information that helps consumers compare similar products on the market to identify and choose energy-efficient equipment and devices.

3. Confirmation Label is a label certifying that the equipment or device has the highest energy efficiency compared to similar equipment or devices.

4. ILAC is the International Laboratory Accreditation Cooperation (International Laboratory Accreditation Cooperation).

5. APLAC is the Asia Pacific Laboratory Accreditation Cooperation (Asia Pacific Laboratory Accreditation Cooperation).

6. VILAS is the Vietnam Laboratory Accreditation Scheme (Vietnam Laboratory Accreditation Scheme).

7. Registration number: …, Validity period: … is the International Organization for Standardization (International Organization for Standardization).

8. IEC is the International Electrotechnical Commission (International Electrotechnical Commission).

9. TCVN is the Vietnamese Standard.

Chapter II

TESTING AND ENERGY LABELING

Article 4. Energy Performance Testing

1. Organizations conducting energy label testing include domestic testing organizations (independent testing organizations or manufacturers' laboratories) and foreign testing organizations (independent testing organizations or manufacturers' laboratories).

2. Organizations conducting energy label testing must meet the following conditions:

a) Domestic testing organizations are testing organizations that comply with the provisions set forth in Chapter II of Decree No. 107/2016/NĐ-CP dated July 1, 2016, of the Government on Conditions for Operating Energy Services.

b) Foreign testing organizations are testing organizations recognized according to ISO/IEC 17025 (or equivalent) standards by mutual recognition agreements signed by accreditation organizations (ILAC or APLAC).

3. The basis for testing and evaluating the energy performance of equipment and devices includes relevant Vietnamese Technical Standards (TCVN) or regulations issued by the Ministry of Industry and Trade.

4. Representative sample testing: Enterprises take samples of equipment and devices themselves, in accordance with the corresponding standard or the regulations of the Ministry of Industry and Trade, and send them to testing organizations for testing and receiving test result certificates.

5. Test results serve as the basis for affixing energy labels on products with the same model, technical specifications, origin, and production base. Test results are valid indefinitely unless government authorities with jurisdiction discover errors in the test results or violations by the testing organization.

Article 5. Registration for Energy Labeling

2. The registration dossier for energy labeling includes:

a) An announcement of energy labeling for energy-consuming equipment and devices, specifying whether the enterprise is registering comparative labels or confirmation labels according to the model in Appendix 1;

b) Test results provided by the testing organization for the product model;

c) Documentation proving that the foreign laboratory has met the required conditions (for cases where energy labeling testing is conducted by a foreign testing organization);

d) A draft of the proposed energy label.

3. Enterprises registering for energy labeling may choose to submit their dossiers via the internet at the Ministry of Industry and Trade's website or directly or through postal service to the Ministry of Industry and Trade. In cases where the dossiers and documents under Clause 2 of this Article are in a foreign language, they must be translated into Vietnamese and notarized.

Article 6. Affixing Energy Labels

2. Energy labels must be uniformly applied in accordance with the provisions of the Ministry of Industry and Trade, with the form and format of energy labels specified in Appendix 2 of this Circular.

3. Energy labels must contain the following basic information:

a) Full name or abbreviation of the manufacturer/importer;

b) Equipment and device model code;

c) Information on energy consumption levels;

d) Applied standards or regulations.

4. Enterprises have the right to choose electronic energy labels for equipment and devices suitable for electronic labeling or other types of energy labels to implement energy labeling.

5. Energy labels can be resized proportionally to fit the equipment and devices without causing confusion, obscuring, or affecting the information on the product label as stipulated by law.

Article 7. Re-registration for Energy Labeling

1. Enterprises must re-register for energy labeling when they fall under any of the following circumstances:

a) The evaluation criteria have changed;

b) The equipment and devices that have been registered for energy labeling have changes in their energy consumption levels.

2. The content and procedures for re-registering energy labels shall be carried out in accordance with the provisions of Article 5 of this Circular.

Chapter III

INSPECTION, SUPERVISION, AND RECALL OF ENERGY LABELS

Article 8. Inspection and Supervision of Energy Labeling Implementation

1. Periodically or at random, the Ministry of Industry and Trade will coordinate with relevant agencies to inspect enterprises' energy labeling practices.

Article 9. Complaints and Resolution of Complaints

1. Organizations and individuals may submit complaints regarding energy labeling to the Ministry of Industry and Trade for resolution in accordance with the Law on Complaints.

2. Equipment and devices with energy labeling complaints will be retained and tested by independent testing organizations.

3. In cases where samples of equipment and devices on the market fail the test requirements, the Ministry of Industry and Trade will consider deciding to conduct inspections at the enterprise.

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 bearing energy labels must bear all testing costs, related costs for handling and rectifying errors; forms of penalties and additional penalties prescribed by law if the equipment and devices do not meet the requirements.

Article 10. Recall of Energy Labels

1. The Ministry of Industry and Trade decides to recall energy labels in the following cases:

a) The information on the energy label sample differs from the expected sample in the energy labeling registration dossier;

b) The energy consumption level of the equipment and devices exceeds the energy consumption level stated in the Energy Labeling Declaration Certificate.

2. The decision to recall energy labels will be sent simultaneously to the violating enterprise, the Vietnam Consumers Association, and published on the Ministry of Industry and Trade's website.

Chapter IV

IMPLEMENTATION

Article 11. Responsibilities of the Ministry of Industry and Trade

1. Develop annual plans for energy labeling, plans for developing energy efficiency standards, evaluation, and certification of testing organizations.

2. Develop annual plans for inspecting energy labeling practices, organize implementation, and direct the Departments of Industry and Trade to carry out inspection and supervision work on enterprises producing, importing, and distributing equipment and devices listed in the Energy Labeling Equipment and Device List.

3. Coordinate with the Ministry of Science and Technology to develop, issue, and amend National Standards on energy efficiency and methods for determining energy efficiency.

4. Accept registration dossiers for energy labeling and publish information related to energy labeling including the list of equipment and devices subject to energy labeling, results of energy efficiency testing on the Ministry of Industry and Trade's website.

5. Coordinate with competent authorities to resolve complaints and disputes related to energy labeling registration and application. Propose solutions in cases where complaints are correct and substantiated or notify organizations and individuals making complaints in cases where complaints are incorrect or unsubstantiated.

6. Publish detailed information about the registration procedures and detailed forms for registering energy labels for equipment and devices on the Ministry of Industry and Trade's website.

7. Require enterprises to recall equipment and devices that have been incorrectly labeled with energy labels circulating in the market.

Article 12. Responsibilities of the Department of Industry and Trade

1. Inspect, monitor on the territory, the implementation of energy labeling for enterprises producing, importing, and distributing equipment and devices listed in the Catalogue of Equipment and Devices Required to be Energy Labeled.

3. Handle proposals for solutions to address violations related to energy labeling by enterprises with headquarters located in the province, report to the Ministry of Industry and Trade on the inspection and verification of corrective actions taken by these enterprises.

4. Carry out other management and monitoring tasks as delegated by the Ministry of Industry and Trade.

Article 13. Responsibilities of the enterprise

1. Prepare periodic reports on the quantity and types of equipment and devices produced, traded, and energy labeled, and submit them to the Ministry of Industry and Trade and the Department of Industry and Trade where the enterprise has its headquarters before January 15 each year.

2. Promptly report to the Ministry of Industry and Trade any changes in technical indicators affecting energy consumption levels of equipment and devices, and re-register for energy labeling according to Article 7 of this Circular when there are design or technological changes impacting energy consumption levels.

3. Proactively report to the Ministry of Industry and Trade and relevant authorities at the local level, and take remedial measures for equipment and devices currently being produced, imported, distributed, or circulating in the market, as well as those in use, upon discovering that such equipment and devices do not meet corresponding evaluation standards or registered energy consumption levels.

4. Continuously implement and maintain measures to ensure that equipment and devices meet the registered energy consumption levels.

5. Recall equipment and devices that have been improperly energy labeled and are circulating in the market.

Article 14. Effective Date

1. This Circular takes effect from February 10, 2017, and replaces Circular No. 07/2012/TT-BCT dated April 4, 2012, of the Ministry of Industry and Trade on energy labeling for energy-consuming equipment and devices (hereinafter referred to as Circular No. 07).

2. For testing organizations designated by the Ministry of Industry and Trade under Circular No. 07, these organizations continue their activities until the expiration date of the designation decision.

3. For enterprises producing and importing equipment and devices certified for energy labeling by the Ministry of Industry and Trade under Circular No. 07, these enterprises may continue to label such equipment and devices until the expiration date of the certification decision.

4. Repeal Article 8 of Circular No. 04/2016/TT-BCT amending and supplementing several Circulars of the Minister of Industry and Trade concerning administrative procedures in the fields of e-commerce, chemicals, alcohol production and trade, franchising, commodity trading through commodity exchanges, energy, food safety, and electricity.

5. During implementation, if any difficulties or new issues arise, organizations and individuals are requested to report to the Ministry of Industry and Trade for prompt resolution./.