Decision 4693/QD-BCT

Pursuant to …;

Regarding the correction of Circular No. 30/2011/TT-BCT dated August 10, 2011, of the Ministry of Industry and Trade on temporary limits for certain harmful chemicals in electrical and electronic products

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THE MINISTER OF INDUSTRY AND TRADE

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;

Pursuant to the Law on Enactment of Legal Regulatory Documents No. 17/2008/QH12 dated June 3, 2008;

Pursuant to Decree No. 104/2004/NĐ-CP dated March 23, 2004 of the Government on the Official Gazette of the Socialist Republic of Vietnam;

Considering the proposal of the Director of the Chemicals Department,

DECISION:

          Article 1. Amend certain contents and Appendices 2 and 3 issued together with Circular No. 30/2011/TT-BCT dated August 10, 2011, of the Ministry of Industry and Trade on temporary limits for certain harmful chemicals in electrical and electronic products as follows:

1. Clause 4 of Article 5, which was printed as: "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 (English name: Electrotechnical Products - Determination of Levels of Six Regulated Substances) to assess the content of harmful chemicals in electrical and electronic products."

Now amended to read: "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 (English name: Electrotechnical Products - Determination of Levels of Six Regulated Substances) or an equivalent standard to assess the content of harmful chemicals in electrical and electronic products."

2. Clause 4 of Article 6, which was printed as: "Establish and retain management files on the content of harmful chemicals in electrical and electronic products before they enter the Vietnamese market and must be presented when requested by competent authorities. The management file includes: a list of input materials; quality inspection certificates of input materials and components; procedures for managing the content of harmful chemicals."

Now amended to read: "Establish or retain management files on the content of harmful chemicals in electrical and electronic products before they enter the Vietnamese market. The management file shall include at least one of the following documents:

a) A certificate proving that the products have a level of harmful chemicals not exceeding the permitted limit as specified in Appendix 1 of this Circular;

b) Management procedures or other documents proving that the products have a level of harmful chemicals not exceeding the permitted limit as specified in Appendix 1 of this Circular."

3. Clause 2 of Article 9, which was printed as: "From December 1, 2012, electrical and electronic products produced or imported must comply with the information disclosure requirements regarding the permitted levels of certain harmful chemicals as stipulated in Clause 2 of Article 6 of this Circular."

Now amended to read: "From December 1, 2012, organizations and individuals producing or importing electrical and electronic products must comply with the following:

a) Disclose information about the permitted levels of certain harmful chemicals as stipulated in Clause 2 of Article 6 of this Circular;

b) Ensure that the permitted levels of certain harmful chemicals in electrical and electronic products are within the limits specified in Appendix 1 of this Circular;

c) Establish or retain documentation on the permitted levels of certain harmful chemicals in electrical and electronic products as stipulated in Clause 4 of Article 6 of this Circular."

3. Part 1. Large household appliances listed in Appendix 2, which were printed as: "Washing machine", "HS Code 8451".

Now amended to read: Washing machine, HS Code 8450.

4. Item 1.5 Exemptions listed in Appendix 3, which were printed as: "For fluorescent lamps with square or round shapes and tube diameters less than 17mm for general lighting purposes."

Now amended to read: "For fluorescent lamps with square or round shapes and tube diameters less than or equal to 17mm for general lighting purposes."

5. Item 2.1 Exemptions listed in Appendix 3, which were printed as: "Fluorescent lamps with three spectral bands, average lifespan, and tube diameter greater than or equal to 17mm and less than or equal to 28mm: 5mg"; "Fluorescent lamps with three spectral bands, average lifespan, and tube diameter greater than or equal to 28mm: 5mg".

Now amended to read: "Fluorescent lamps with three spectral bands, average lifespan, and tube diameter greater than 17mm and less than or equal to 28mm: 5mg"; "Fluorescent lamps with three spectral bands, average lifespan, and tube diameter greater than 28mm: 5mg".

6. Item 3.1 Exemptions listed in Appendix 3, which were printed as: "Short type (greater than or equal to 500mm)".

Now amended to read: "Short type (less than or equal to 500mm)".

7. Item 3.2 Exemptions listed in Appendix 3, which were printed as: "Medium type (greater than 500mm and less than 1500mm)".

Now amended to read: "Medium type (greater than 500mm and less than or equal to 1500mm)".

8. Item 4.2 Exemptions listed in Appendix 3, which were printed as: "P < 155W"; "155W < P < 405W"; "P > 450W".

Now amended to read: "P ≤ 155W"; "155W < P ≤ 405W"; "P > 405W".

9. Item 4.3 Exemptions listed in Appendix 3, which were printed as: "P < 155W"; "155W < P < 405W"; "P greater than 450W".

Now amended to read: "P ≤ 155W"; "155W < P ≤ 405W"; "P > 405W".

Article 2. This decision to amend is part of Circular No. 30/2011/TT-BCT dated August 10, 2011, of the Ministry of Industry and Trade on temporary limits for certain harmful chemicals in electrical and electronic products./.