Chương 5 Nghị định 21/2011/NĐ-CP: Dán nhãn năng lượng cho phương tiện, thiết bị sử dụng năng lượng

Chapter V

ENERGY LABELING FOR ENERGY- CONSUMING DEVICES AND EQUIPMENT

Article 14. Energy labeling

1. Devices and equipment on the list of devices and equipment subject to energy labeling shall be labeled before their market sale.

2. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with concerned ministries and sectors in, making a list of devices and equipment subject to energy labeling and its implementation roadmap for submission to the Prime Minister for decision.

Article 15. Classification of energy labels

1. Energy labels include:

a/ Comparative label, which provides information on energy consumption rate, type of energy, energy yield and other information to enable consumers to compare with products of the same type in the market for recognition and selection of energy-efficient devices and equipment;

b/ Certification label, which certifies that the device or equipment has the highest energy yield compared with other devices or equipment of the same type.

2. Based on national standards on energy yield, the Ministry of Industry and Trade shall provide norms on energy yield in comparative and certification labels.

Article 16. Energy yield testing laboratories

A laboratory may obtain a certificate of testing energy yield standard conformity of devices and equipment for energy labeling when it meets the following conditions:

1. It is a specialized laboratory recognized according to the standards of the Vietnam Laboratory Accreditation Scheme (VILAS) or a laboratory recognized by the International Laboratory Accreditation Cooperation (ILAC) or the Asia-Pacific Laboratory Accreditation Cooperation (APLAC).

2. It is not recognized according to the standards of the Vietnam Laboratory Accreditation Scheme but is qualified for testing energy yield as examined, evaluated and designated by the Ministry of Industry and Trade to test energy yield standard conformity of energy-consuming devices and equipment when satisfying the following requirements:

a/ Having testing personnel technically trained in energy-consuming devices and equipment to be tested;

b/ Having testing equipment which is examined and calibrated under regulations and capable of accurately testing norms.

3. The Ministry of Industry and Trade shall announce a list of laboratories qualified for energy yield testing.

Article 17. Energy labeling registration dossiers and competence to issue energy label certificates for devices and equipment

1. An energy labeling registration dossier of a device or equipment comprises:

a/ Technical specifications of the device or equipment;

b/ Testing results of the energy yield of the device or equipment issued by a laboratory defined in Article 16 of this Decree;

c/ Written request for energy labeling.

2. The Ministry of Industry and Trade shall issue energy label certificates for devices and equipment.

3. The Ministry of Finance shall provide the fee for energy label certificates.

Article 18. Energy labeling

1. Energy labels comply with the form provided by the Ministry of Industry and Trade and shall be stuck on devices and equipment.

2. Manufacturers and importers themselves shall print energy labels and stick them on devices and equipment obtaining energy label certificates.

3. Sixty working days before an energy label certificate terminates its validity, the manufacturer or importer shall make re-registration. Manufacturers and importers may not stick energy labels on devices and equipment with expired energy label certificates.

Article 19. Termination of energy labeling and withdrawal of energy label certificates

1. Energy labeling shall be terminated in the following cases:

a/ Sticking of false energy labels;

b/ Energy labeling without an energy label certificate or with an expired or tampered energy label certificate;

c/ Energy labeling not according to contents and specifications provided by the Ministry of Industry and Trade or with incorrect energy yield of devices and equipment.

2. An energy label certificate shall be withdrawn when:

a/ Frauds are detected in the energy labeling registration dossier;

b/ Testing results do not match the actual energy yield of the device or equipment;

c/ Sanctions have been imposed twice for violations of Clause 1 of this Article.

3. The Ministry of Industry and Trade shall guide Clauses 1 and 2 of this Article.

Article 20. Reporting by manufacturers of energy-consuming devices and equipment on the list of devices and equipment subject to energy labeling

1. A manufacturer of energy-consuming devices and equipment on the list of devices and equipment subject to energy labeling shall annually submit to the provincial-level Industry and Trade Department a report on:

a/ Name and address of the manufacturer;

b/ Types of devices and equipment and quantity of each type of devices and equipment sold;

c/ Energy yield of each type of devices and equipment.

Provincial-level Industry and Trade Departments shall receive and summarize reports of manufacturers of energy-consuming devices and equipment on the list of devices and equipment subject to energy labeling in their localities for submission to the Ministry of Finance before March 31 of the subsequent year.

The Ministry of Industry and Trade shall guide the form of the report provided in this Article.

Article 21. Reporting by importers of energy-consuming devices and equipment on the list of devices and equipment subject to energy labeling

1. An importer of energy-consuming devices and equipment on the list of devices and equipment subject to energy labeling shall annually submit to the provincial-level Industry and Trade Department a report on:

a/ Name and address of the importer;

b/ Types of devices and equipment; countries of manufacture and quantity of each type of imported devices and equipment;

c/ Energy yield of each type of devices and equipment;

d/ Types of devices and equipment with energy^ yield certificates granted in countries of manufacture.

2. Provincial-level Industry and Trade Departments shall receive and summarize reports of importers of energy-consuming devices and equipment on the list of devices and equipment subject to energy labeling in their localities for submission to the Ministry of Industry and Trade before March 31 of the subsequent year.

3. The Ministry of Finance shall provide information on types, quantities and origin of imported energy-consuming devices and equipment on the list of devices and equipment subject to energy labeling at the request of the Ministry of Industry and Trade.

4. The Ministry of Industry and Trade shall guide the form of the report provided in this Article.

Article 22. Energy labeling inspection and reporting

1. Annually, manufacturers and importers obtaining energy label certificates of devices and equipment shall make statistics on quantities and types of labeled devices and equipment marketed in the year and send them to the Ministry of Industry and Trade before March 1 of the subsequent year.

2. Manufacturers and importers of devices and equipment violating regulations on energy labeling shall be handled under law.

3. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with concerned ministries and sectors and provincial-level People's Committees in, examining me testing of devices and equipment for energy labeling at laboratories; inspecting energy label printing and labeling; and regularly or irregularly inspecting labeled devices and equipment circulated in the market.

Article 23. Energy-consuming devices and equipment subject to elimination

1. Bases for inclusion of devices and equipment into the list of those subject to elimination include:

a/ Failure to reach safety standards of devices and equipment;

b/ Failure to reach the minimum energy yield;

c/ Conformity with national socio-economic development and state management requirements in each period.

2. The Ministry of Science and Technology shall announce the minimum energy yield in energy yield standards for devices and equipment.

3. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with concerned ministries and sectors in, making and proposing to the Prime Minister for promulgation a list of devices and equipment subject to elimination under Clauses 1 and 2 of this Article.

4. Import and circulation of devices and equipment on the list of those subject to elimination are prohibited.