Circular No. 41/2013/TT-BTNMT stipulates the procedures and formalities for certifying the eco-label (Vietnam Green Label) for environmentally friendly products.

CIRCULAR

Regulations on procedures, formalities, and certification for eco-labeling of environmentally friendly products

environmentally friendly products

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Pursuant to the Environmental Protection Law No. 52/2005/QH11 dated November 29, 2005;

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. 21/2013/NĐ-CP dated March 4, 2013, promulgated by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the General Department of Environment's Director and the Legal Affairs Department's Director;

The Minister of Natural Resources and Environment issues this Circular regulating the procedures, formalities, and certification for eco-labeling of environmentally friendly products,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the procedures, formalities, certification, and eco-labeling for environmentally friendly products. The eco-label mentioned in this Circular is referred to as the Vietnam Green Label.

Applying the Vietnam Green Label is a voluntary activity and does not fall within the scope regulated by the law on product labeling.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals involved in the activities of certifying and applying the Vietnam Green Label.

In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such provisions shall be applied according to the treaty.

Article 3. Testing Organizations

1. Testing organizations that have registered their fields of operation according to Circular No. 08/2009/TT-BKHCN dated April 8, 2009, issued by the Minister of Science and Technology guiding requirements, procedures, and formalities for registering fields of conformity assessment activities, and Circular No. 10/2011/TT-BKHCN dated June 30, 2011, issued by the Ministry of Science and Technology amending and supplementing some provisions of Circular No. 08/2009/TT-BKHCN dated April 8, 2009, issued by the Minister of Science and Technology guiding requirements, procedures, and formalities for registering fields of conformity assessment activities.

2. Overseas testing organizations recognized under the international standard ISO/IEC 17025 recognized by organizations participating in the Mutual Recognition Arrangement of ILAC (International Laboratory Accreditation Cooperation) or APLAC (Asia Pacific Laboratory Accreditation Cooperation).

Article 4. Criteria for the Vietnam Green Label Male

1. The criteria for the Vietnam Green Label include the following contents:

a) Compliance with environmental protection and labor laws by production and business organizations (hereinafter referred to as enterprises);

b) The overall life cycle impact of the product from raw material extraction, production, distribution, use, and disposal causes less harm to the environment than similar products.

2. Specific criteria for the Vietnam Green Label for each group of products are published by the Ministry of Natural Resources and Environment.

a) Income from library card fees;

1. The cost of testing product samples and the cost of preparing registration files for Vietnam Green Label certification are borne by the enterprise according to service contracts with competent units in accordance with current laws.

2. The cost of reviewing registration files and inspecting the use of the Vietnam Green Label is allocated from the environmental public expenditure budget according to financial laws.

Article 6. Public Information

1. Registration procedures and detailed forms for Vietnam Green Label certification are published on the Vietnam Green Label section of the General Department of Environment's website (http://vea.gov.vn/VN/khoahoccongnghe/nhanxanh).

2. The General Department of Environment is responsible for publishing the Decision on Vietnam Green Label certification for certified products in the Environmental Magazine, promotional materials for the Vietnam Green Label, and the General Department of Environment's website.

3. The Decision to revoke the Vietnam Green Label certificate is sent to the violating enterprise, the Vietnam Consumers' Association, the Vietnam Retailers' Association, and published on the General Department of Environment's website and other mass media.

Chapter II

SPECIFIC PROVISIONS

Article 7. Documents for Registration of Green Label Certification Male

The documents for registration of Green Label certification in Vietnam include:

1. One (01) Application Form for Green Label certification according to the model attached at Appendix 1 of this Circular;

2. One (01) original Environmental Protection Activities Report of the enterprise according to the model attached at Appendix 2 of this Circular; or one (01) certified true copy of the original certificate of conformity with the national standard TCVN ISO 14001 still valid, issued by the certification organization registered in the field of operation in accordance with the law; or one (01) certified true copy of the original certificate of conformity with the international standard ISO 14001: 2004 issued by the recognition organization that is a member of the International Forum for Accreditation (IFA) and the Pacific Accreditation Cooperation (PAC); or equivalent standards;

3. One (01) original Product Assessment Report meeting the criteria of the Green Label according to the regulations of the Ministry of Natural Resources and Environment for each corresponding product group, accompanied by test results issued by the testing organization within a period not exceeding six (06) months from the date the Vietnam Environment Administration receives a complete and valid registration file;

4. One (01) certified true copy of the trademark registration certificate;

5. One (01) photograph or drawing of the product design measuring 21 cm x 29 cm.

Article 8. Green Label Certification Process Male

1. The registration documents for Green Label certification are submitted to the Vietnam Environment Administration. The Director of the Vietnam Environment Administration assigns one (01) specialized department under the Administration to be the permanent unit responsible for evaluating the Green Label certification registration files.

2. Within five (05) working days from the date of receiving the registration file, the Vietnam Environment Administration is responsible for examining the completeness and validity of the file. In case the file is incomplete or invalid, the Vietnam Environment Administration will issue a document requesting corrections, supplements, and completion of the file.

3. Within twenty (20) working days from the date the file is accepted as complete and valid, the Vietnam Environment Administration is responsible for evaluating the Green Label certification registration file based on determining the degree of compliance of the registration file with the Green Label criteria.

4. If the evaluation result meets the requirements, within five (05) working days from the date of obtaining the evaluation result, the Director of the Vietnam Environment Administration is responsible for signing the Decision on Green Label certification. The Decision on Green Label certification is notified to the enterprise immediately upon issuance.

5. If the evaluation result does not meet the requirements, within three (03) working days from the date of obtaining the evaluation result, the Vietnam Environment Administration is responsible for notifying the enterprise in writing and specifying the reasons for non-compliance.

Article 9. Decision on Green Label Certification Male

1. The Decision on Green Label certification according to the model attached at Appendix 3 of this Circular.

2. The product code certified with the Green Label according to the number of the Decision on Product Certification Meeting Green Label Criteria, along with the year it was issued.

3. The Decision on Green Label certification has a validity period of three (03) years from the date of issuance.

Article 10. Recertification of Products Meeting Green Label Criteria Male

1. The review, assessment, and recertification of the Green Label are carried out in one of the following cases:

a) The enterprise requests to continue using the Green Label after the Decision on Green Label certification expires. Three (03) months before the Decision expires, the enterprise submits the recertification registration file;

b) There are changes in the design and manufacturing of the product that affect the fulfillment of the Green Label criteria.

2. The procedures and processes for registration and recertification are conducted similarly to the initial Green Label certification registration.

3. In case the Decision on Green Label certification is still valid but there are changes in the Green Label criteria, the enterprise does not need to re-register; if only the product brand name changes, the enterprise also does not need to re-register for certification but must notify the Vietnam Environment Administration about this change.

Article 11. Green Label Vietnam Attachment Male

1. After receiving the Decision certifying the Green Label Vietnam, the enterprise shall attach the Green Label Vietnam to the certified product.

2. The enterprise shall choose one of the following methods to attach the Green Label Vietnam to the certified product or its packaging:

a) Sticking;

b) Drawing;

c) Fixing;

d) Engraving;

đ) Printing.

3. The size and color of the Green Label Vietnam attached to the product shall comply with the provisions set out in Appendix 4 attached hereto.

The position for attaching the Green Label Vietnam shall be designed and decided by the enterprise itself, ensuring it is easily visible but not affecting the information on the product label as prescribed by law.

4. It is strictly prohibited to attach the Green Label Vietnam in the following cases:

a) When the Decision certifying the Green Label Vietnam has expired;

b) Printing incorrectly the model of the Green Label Vietnam;

c) Attaching the Green Label Vietnam to a product that is not registered and granted the Decision certifying the Green Label Vietnam.

Article 12. Supervision of the Use of the Green Label Vietnam Male

1. Annually, enterprises granted the Decision certifying the Green Label Vietnam shall be responsible for compiling a report on the quantity of products produced and traded with the Green Label Vietnam attached, to be submitted to the General Department of Environment for consolidation.

2. The General Department of Environment shall cooperate with relevant units to conduct inspections and testing of typical samples of products with the Green Label Vietnam attached when there are signs of suspicion or complaints. The enterprise only needs to pay for inspection and testing costs for typical samples of products with the Green Label Vietnam attached if the inspection report and test certificate conclude that the enterprise has violated the Green Label Vietnam criteria.

Article 13. Revocation of the Decision Certifying the Green Label Vietnam Male

1. An enterprise shall have its Decision certifying the Green Label Vietnam revoked when it violates any of the following circumstances:

a) The enterprise fails to comply with regulations regarding the preparation of evaluation reports;

b) The enterprise violates the Green Label Vietnam criteria;

2. The enterprise shall not be considered for certification of the Green Label Vietnam within two (02) years from the date the revocation decision takes effect.

Chapter III

IMPLEMENTING PROVISIONS

Article 14. Implementation Organization

1. The Ministry of Natural Resources and Environment shall instruct the General Department of Environment to organize the assessment of registration files and certification of the Green Label Vietnam; provide guidance, inspect, monitor, and urge the implementation of 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 15. Effective Date

This Circular shall take effect from January 15, 2014.

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./.