Circular 07/2012/tt-Bct: Energy Labeling Regulations For Facilities And Equipment For Energy Use

Original Language Title: Thông tư 07/2012/TT-BCT: Quy định dán nhãn năng lượng cho các phương tiện và thiết bị sử dụng năng lượng

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MINISTRY OF COMMERCE
Numbers: 07 /2012/TT-BCT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, April 4, 2012

IT ' S SMART

The regulation labeled energy for the vehicles and devices that use energy energy.

______________________________

Base of Protocol 189 /2008/NĐ-CP December 27, 2007 of the Government stipulated the function, mandate, jurisdiction and organizational structure of the Ministry of Commerce; the digital decree. 44 /2011/NĐ-CP amended, add Article 3 Protocol 189 /2007/NĐ-CP December 27, 2007 of the Government stipulated the function, mandate, authority and organizational structure of the Ministry of Commerce;

The Law base uses the energy savings and efficiency of June 28, 2010;

Base of Protocol 21 /2011/NĐ-CP March 29, 2011 regulatory regulation and measure of law enforcement use of energy savings and efficiency;

The Minister of Commerce regulates to label the energy for the vehicles and devices that use the energy as follows:

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This is the provision of registration, evaluation, certification, suspension, certification, certification, and certificate organization, and the performance of the testing and execution of energy labels on the vehicles, devices of the Media Catalogue, and equipment. energy issued by the Prime Minister or the vehicles, the device labelled energy in the form of voluntary form (the following is called the vehicle, the device).

What? 2. Subject applies

This information applies to:

1. Manufacturers, importers (later called enterprise) vehicles, equipment regulations at Article 1.

2. Test organizations are designated to participate in vehicle testing, energy-labeled devices.

3. Operations management agencies labeled energy and agencies, organizations, individuals involved.

What? 3. Explain words

In This Information, the acronym below is understood as follows:

1. Paste the energy label: is the paste, attach, print, etching of energy to the product, packaging.

2. ILAC: International Laboratory Accreditation Cooperation.

3. APLAC: The Association recognizes the Asia Pacific Laboratory Accreditation Cooperation.

4. VILAS: Vietnam Laboratory Accreditation Scheme.

5. ISO: International Organization for Standardization.

6. IEC: International Electrotechnical Commission.

7. TCVN: Vietnam Standard.

What? 4. Principles and method of certification for the vehicle, the device using energy use.

1. Base for testing, evaluation and vehicle certification, energy savings equipment are TCVN or the provisions of the respective Ministry of Commerce.

2. The test organization must be the organizations that meet the prescribed conditions and be designated by the Ministry of Commerce.

3. The method of certification of means, production equipment, including:

a) A typical sample test;

b) Evaluation of production conditions (at the production facility);

c) The certificate level, the validity of the certificate certificate is no more than 03 (three) years;

d) Product monitoring, post-certification goods.

4. Methods of certification for vehicles, imported devices, including:

a) A typical sample test;

b) The actual assessment (warehouse, landfill);

c) Level certificates for each batch.

Chapter II

CONDITIONS, SEQUENCE, PROCEDURES FOR THE ORGANIZATION OF TESTING AND TESTING

RECOGNIZE THE TEST RESULTS OF THE TEST ORGANIZATIONS

What? 5. Conditions to specify the Test Organization

1. The independent test organization has sufficient capacity in the VILAS system, which is recognized under the standard TCVN ISO/IEC 17025 or foreign testing organizations that have been recognized by the recognized organizations that have signed mutual recognition agreements (ILAC or CPS). APLAC).

2. The test organization has not been recognized by the standards of the VILAS system, TCVN ISO/IEC 17025 but there is sufficient capacity to test the energy consumption indicators of the vehicle, the device includes:

a) There is an experimental staff trained in engineering for the vehicle, test equipment;

b) There is a test device that ensures good activity, being protected, checked, calibrated correctly, and is sufficient precision to perform test indicators;

c) There are full of the equipment tailored to the requirements of the test standard;

d) There are full of processes, test work guidelines;

There are and stored the necessary records: test personnel training records; test tracking records, calibration; maintenance records, and maintenance equipment maintenance; test results test results (if available).

What? 6. The procedure for testing the Test

1. The test organization wants to participate in the test operation to label the registration record sent to the Energy Directorate.

2. Registration profile includes:

a) a copy of the certificate of registering the field of test activity in accordance with the Information 08 /2009/TT-BKHCN April 8, 2009 The Guide to the request, sequence, procedure for registering the appropriate assessment activity.

b) The registration certificate organizes the testing of the test-based energy label in Annex 1;

c) The test list of the registration test organization specified by the template at Annex 2;

d) Catalogue of documents, standards, processes serving as a sample test at Annex 3;

Votes, test reports;

e) Documents, certificate as evidence (if any);

g) The test results in one of the closest years (if any).

3. During the period of no more than twenty days of work, since the receiving of the full, valid records, the Directorate of Energy for the Organization to review the Profile, perform the actual capacity assessment at the facility to show the Ministry of Commerce the decision to specify the test organization. The force decided to specify no more than 03 (three) years.

The case denied the designation, the Directorate of Energy notified the reason to refuse a written license to the test organization.

4. At least three months before the decision to specify the test organization expires, if there is a need, the test organization must perform the registration procedure again and submit a prescribed profile at paragraph 2 This.

5. The case of change, the scope of the scope, the specified field that the test organization is designated must perform the change registration procedure, the addition (new register) and submit the prescribed file at paragraph 2 This.

What? 7. Public recognition of the test results of foreign organizations

As a result of vehicle testing, foreign energy savings equipment is only accepted in the event of satisfying the conditions below:

1. The test organization with a foreign element must be an independent organization recognized under ISO/IEC 17025 (or equivalent) standard by recognized organizations that have signed mutual acceptance agreements (ILAC or APLAC).

2. The test organization has a foreign element that must register designation with the General Energy General in order, the procedure stipulated at Article 6 of this Information.

3. Registration Profile specified:

a) a copy of the legal certificate or similar paper;

b) The registration certificate organizes the testing of the test-based energy label in Annex 1;

c) The test list of the registration test organization specified by the template at Annex 2;

d) Catalogue of documents, standards, processes serving as a sample test at Annex 3;

Votes or test reports;

e) Certificate of recognition of the recognition organization (if any);

g) The test results in one of the closest years (if any).

The document in the file must be translated into Vietnamese and the evidence.

4. The trials must be consistent with the method of testing in TCVN and other corresponding regulation.

Chapter IV

SEQUENCE, EVALUATION PROCEDURE, CERTIFICATE LEVEL AND ENERGY LABEL PASTE

What? 8. Procedulability to evaluate and level the energy label sticker

A manufacturing business, vehicle imports, a device belonging to the Category 1 article in Article 1 This is participating in the certification and labeling of the energy (validation label or comparison label) needs to take the following steps:

1. The typical sample test: Enterprise self-sampling, equipment; and number and method sampling according to the corresponding standard or by the Ministry of Commerce ' s regulations and sent to the test organization designated by the Ministry of Commerce for testing in accordance with the corresponding standard to be given the test results.

2. Set up records and sent back to the Energy Directorate, the profile includes:

a) The registration certificate for the vehicle, the device's use of energy, in which the subscription business is labeled as a comparison or label in Appendix 4, which includes categories of vehicles, devices;

b) Business registration certification (a copy of the evidence);

c) The copy of the contract with the suppliers of goods abroad (for importers) and the affidavit of imported goods;

d) A registered trademark registration certificate;

The publication of the standard of product quality, goods (copies stamped on the validation of the head of the business), the description summarised the basic specification of the vehicle, the device;

e) The test results specified by the test organization have a period of no more than 6 months from the date of grant;

g) Records, documents, quality management processes of the business;

h) The file, the relevant quality management certificate.

For the case of agent filing changes to the manufacturer abroad, the agent must publish the authorship. In the case of records, the document in foreign language must translate into Vietnamese and have the evidence.

3. Comment review

a) In the 10 (ten) days of work since the date of receiving enough records of registration certification for media, equipment, General Energy review of records, enterprise capacity assessment, profile suitability, test results vs. standard assessment criteria; determine the level of energy consumption compared to the already announced standards;

b) Following the outcome of the appropriate profile assessment, the Energy Directorate evaluated the fact that the registered businesses engage in labeling energy labels and make decisions to certification vehicles, energy savings equipment.

4. Energy Label Sticker Level

Case result case results assessment

a) For the import business, the Ministry of Industry has decided to issue a certificate of energy label stickers to the vehicle, the device is registered. The certificate is valid for each shipment shipment. The next batch of shipments with the same country, the same factory address, no changes in the technique that affect the certification requirements, the Import Enterprise reports the General Energy Directorate for the Ministry of Commerce to receive new certification. If there is a change in the export of goods or sites of manufacturing or models or engineering designs, the certification must be evaluated.

b) For the manufacturer, the Ministry of Commerce decided to issue a Certificate of Energy Label Sticker. The certificate has a maximum duration of 3 (3) years. The certificate is labeled as a form of the prescribed form at Appendix 5 of this Information. Three months before the expiration of the certificate's validity, the business must file a return certificate.

Where the assessment results are not achieved, the General Energy Directorate of Energy informs the business of knowing and stating the reason.

What? 9. Use of energy labels

1. The energy label is used unified by the Ministry of Commerce ' s regulation, the form, the template must be printed according to the prescribed pattern at Annex 6 of this Information. The energy label must have the following basic information:

a) Full producer name or abbreviation;

b) The name and code of the vehicle and device;

c) The number of certificates issued by the Ministry of Commerce, the date of the grant;

d) Information about energy consumption;

Standard or applicable regulation.

Specific technical information for each vehicle and equipment will be specified specifically at the appendix of the decision to certification energy labels.

2. After being granted an energy label sticker, the self-printing business labels itself and pasted the vehicle, the device has registered to the extent of the energy specified in the certificate issued.

3. Energy labels attached to the vehicle, equipment, or packaging that have the right size changed in size, are not to be confused, to cover or affect the information on the label according to the law.

4. The expiration of the validity of the certificate, the business is not continued to label the energy and must register the certificate again.

What? 10.

1. The business must register the certification again when there is one of the following cases:

a) The certificate is out of effect;

b) The assessment standard has changed;

c) Media, equipment has been certified to have changes in energy consumption;

d) The contents of the goods label changed;

Change site.

2. The content and certification procedure are made as the first certification.

Chapter VI

CHECK, MONITOR, SUSPEND, REVOKING YOUR ENERGY STICKER CERTIFICATE.

What? 11. Check, monitor after certification

1. periodically or irregularly, the Ministry of Labor is actively coordinating with ministries, the related sector conducting vehicle sample checks, equipment on the market or at the manufacturing facility.

2. The annual valuation of enterprises has been granted certification and labeling energy labels responsible for reporting on quantity, vehicle type vehicles, equipment that has been produced, consumed and labeled with energy in the year according to the sample at Annex 7 sent to the General. the department of Energy and the Department of Commerce before January 15, the next year.

What? 12. Vote and resolve the complaint

1. Organization, individual complaints of energy labels sent to the Directorate of Energy to resolve in accordance with the law of the complaint.

2. The device, the energy sticker device with a complaint filed and checked back at the Independent Test Organization.

3. The vehicle case, the device being tested does not reach the requirement, the Energy Directorate considers the decision to increase the number and method of sampling testing.

4. Organization, individual, business of complaints must be subject to full trial costs in the event of an untrue complaint.

5. Organization, individuals, businesses with vehicles, energy sticker equipment must bear the full cost of testing; the cost associated with processing, remediation; penalties and other forms of additional sanctions according to the rule of law in the school. The device is not regulated.

What? 13. Manage Test Operations

1. periodically a year once the test organizations are designated responsible for reporting on the number of numbers, vehicle types, devices of the category that have to label the sample tested in Annex 8 sent to the Energy Directorate.

2. The Ministry of Commerce decided to suspend the designation of energy label testing when the testing organization had one of the following acts:

a) Offer false or false results of test results;

b) Do not submit a periodic report by the provisions of this Notice or do not comply with the instructions, the executive of the state agency has jurisdiction;

c) There is no longer sufficient experimental capacity.

What? 14. The suspension uses energy labels

1. The Ministry of Public Trade decides to suspend the energy label when the business has one of the following acts:

a) Paste energy labels when not granted the energy label sticker certificate;

b) Print wrong rules, patterns and use of the error of energy labels with the purpose of confusing the customer;

c) expresses on the label of energy wrong energy obtained by the Ministry of Commerce in the certificate;

d) Use the energy label for another object with the medium, the device has been registered and issued a certificate of energy labels;

The use of the certificate is expired or removed;

e) There are changes in vehicle design and fabrication, the device that reduces energy consumption but does not register again with the General Energy Directorate;

g) Do not implement the specified report mode;

h) There is an actual test result that is not true with the energy performance of the vehicle, the device has registered.

2. Enterprise suspended for energy labels not to continue carrying energy labels until the completion of repair measures, corrects violation.

What? 15. Revenue of Energy Label Sticker

1. The Ministry of Industry decided to revoking the certificate of energy label stickers when the business had one of the following acts:

a) Not to implement the requirements in the decision to suspend the use of the energy label on time;

b) There is a lie in the energy label registration profile.

2. The decision to revoking the Energy Label Sticker Certificate is sent simultaneously to the violation business, the Consumer Standards and Protection of Vietnam consumers and posts on the Ministry of Commerce Website and the Energy General Website.

Chapter VII.

THE ORGANIZATION.

What? 16. Energy General accountability

1. Build an annual plan of energy labeling, plans for the standard of energy performance standards, evaluation and designation of test organizations.

2. Head of Staff to the Ministry of Commerce in coordination with the Ministry of Science and Construction Technology, enacted, revising the National Standards of Energy Performance and the method of determining energy performance.

3. Take the registration of the energy label sticker.

4. Take up the registration profile that designated the test organization for the vehicle, the device using energy.

5. Evaluation of capacity, quality assurance conditions at the manufacturing business, testing organization, import business, and conditions that affect the energy indicators, the quality of the vehicle, registration equipment.

6. Manager, test, operational monitoring of designated test organizations, businesses with vehicles, market energy sticker equipment, monitoring process selection process for testing of the business.

7. Coordinate with authorities addressing complaints, disputes involving registration, evaluation, certification, certification, and labeling of energy.

8. The organization examines the labeling of energy, which proposes the Ministry of Commerce of the Disposal Methods in the case of the correct complaint and has the base or notification of the organization, the individual complaint in the case of an untrue complaint, lack of base.

9. The disclosure details of the registration procedure, detailed manifold for vehicle labeling, the energy consumption device on the Ministry of Commerce's website (website) and the Directorate's Department of Commerce.

10. Requiing businesses to recover vehicles, devices that have been labeled as unregulated energy are circulating in the market.

11. Proposal for the Ministry of Labor to decide that the suspension of the energy label in the case of more than 90 days the business does not carry out the reporting regime under the stipulation at 1 Article 18 This Information.

What? 17. The responsibility of the Department of Commerce

1. Ombudship, inspection, monitoring on the site, the implementation of the label on the manufacturing, import, vehicle distribution, vehicle distribution, equipment, equipment, and equipment.

2. Marketing and aggregation of the business ' s reporting information on vehicles, production equipment, imports of the Vehicle Category, equipment must label the local energy labels annually and vehicles, devices that have labeled the energy for the year and year. to the Ministry of Commerce before the 15th of March the next year.

3. Handled, propose a processing method, examine the breach of the violation of the business based on the provincial site in violation of energy labels and reports to the Ministry of Commerce.

4. Proposal for the Ministry of Commerce to decide to suspend the use of energy labels in the case of more than 90 days the business does not carry out the prescribed report mode at paragraph 1 Article 18 of this.

5. Implementiation of management, other monitoring under the authority of the Ministry of Commerce.

What? 18. Corporate Responsibility

1. Set a periodic report on the number, type of vehicle vehicle, equipment that has been produced, business and labeled energy savings sent to the Department of Commerce where the business is based before January 15 annually.

2. Timely Reports The Ministry Of Commerce of Technology changes, the effects increase or reduce the energy consumption indicators of the vehicle, the device, the implementation of the certification registration in accordance with the regulation at Article 10 of this Smart when there are changes in mind. Design, technology that affects energy consumption.

3. Host a report on the Ministry of Commerce and authorities at the local community simultaneously conduct remedied measures on the vehicle, the device is producing, importing or distributing, vehicles, equipment that are circulating in the market as well as the media. By the way, the device is in the process of using when the vehicle is detected, the device is producing, and the business is not in line with the corresponding assessment standard.

4. Stop posting the energy label to the vehicle, device, and send a report on the Ministry of Commerce together to propose a correctability solution when a decision is made to suspend the use of the energy label.

5. Regular execution and maintenance of means of vehicle assurance, standard equipment that uses the standard of saving energy as registered and confirmed in the Certificate.

6. Gather the vehicles, the device of the business that has labeled the uncorrect energy that is circulating in the market.

What? 19.

1. This message came into effect on May 19, 2012.

2. During the course of execution, if there is a new problem or problem that proposes the organization, the individual reflects on the Ministry of Commerce to promptly process the ./.

KT. MINISTER.
Chief.

(signed)

The United Nations.