MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT

Circular No. 41/2013/TT-BTNMT dated December 2, 2014 of the Ministry of Natural Resources and Environment on providing orders, procedures and certification of eco-labels for environment- friendly products

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

Pursuant to the Decree No. 80/2006/ND-CP dated August 09, 2006 of the Government on detailing and guiding several articles of the Law on Environmental Protection;

Pursuant to the Decree No. 21/2013/ND-CP dated March 04, 2013 of the Government on defining functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the General Director of Vietnam Environment Administration, the Head of Department of Policy and Legislation; 

The Minister of Natural Resources and Environment promulgated the Circular providing orders, procedures, and certification of eco-labels for environment-friendly products,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides orders, procedures, certification and sticking of eco-labels for environment-friendly products. Eco-labels as specified in this Circular shall be named as Vietnam Green Label.

Sticking of Vietnam Green Label is a voluntary activity, not under the scope of regulation of Laws on labeling of goods.

Article 2. Subjects of application

This Circular shall apply to state agencies, organizations, individuals relating to activities of certification and labeling of Vietnam Green Label.

In cases where a treaty to which the Socialist Republic of Vietnam is a contracting party contains different provisions, the provisions of such treaty shall apply.

Article 3. Testing Organization

1. The testing organization which registered its operation according to Circular No. 08/2009/TT-BKHCN dated April 08, 2009 of the Minister of Science and Technology, guiding requirements, order of, procedures for registration of field of conformity assessment operation and Circular No. 10/2011/TT-BKHCN dated June 30, 2011 of the Ministry of Science and Technology amending, supplementing a number of provisions of Circular No. 08/2009/TT-BKHCN dated April 08, 2009 of the Minister of Science and Technology, guiding requirements, order of, procedures for registration of field of conformity assessment operation.

2. Foreign testing organizations recognized according to the ISO/IEC 17025 international standard which were accredited by organizations which are contracting parties to the mutual recognition agreement of ILAC (the International Laboratory Accreditation Cooperation) or APLAC (The Asia Pacific Laboratory Accreditation Cooperation).

Article 4. Criteria of Vietnam Green Label

1. Criteria of Vietnam Green Label shall comprise the following contents:

a) Compliance with Laws on Environmental Protection and Labor of organizations, individuals doing manufacture or trade (below collectively referred to as "the enterprise");

b) Impact of the whole life circle of a product, from the process of exploiting materials, production, distribution, use and after being disposed shall cause less pollution to the environment in comparison with other same type of products.

2. Criteria of Vietnam Green Label shall be in proportion to each category of products being announced by the Ministry of Natural Resource and Environment.

Article 5. Operational budget

1. Testing budget of a product's sample and budget for preparing a dossier for registration on certification of Vietnam Green Label shall be paid by the enterprise based on a service contract signed with a unit having function in compliance with prevailing provisions of laws.

2. The budget for assessment of the dossier, inspection on the use of Vietnam Green Label shall be allocated from the source of budgets for environmental activities in accordance with provisions of financial laws.