b) Spare parts for repair, reuse, or upgrading of electrical, electronic products;

c) The electrical, electronic products which are gifts, souvenirs, goods for exhibitions and product introduction; baggage, movable assets of organizations, individuals; and goods temporarily imported for re-export, goods in transit;

d) The electrical, electronic products circulated on the market of Vietnam prior to the effective date of this Circular.

Article 2. Subjects of application

This Circular applies to organizations and individuals manufacturing, trading, importing electronic, electrical products.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Permissible content limitation of some hazardous substances in the electrical, electronic products is the maximum volume percentage of these substances permitted to be in the homogeneous materials constituting electrical, electronic products.

2. The homogeneous material is a material unable to be separated into other material by mechanical methods.

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Electrical, electronic products circulated on the market of Vietnam must be ensured the permissible content limitation of some toxic chemicals specified in Annex 2 attached to this Circular, including the following product groups:

1. Big size appliances.

2. Small size appliances.

3. Information technology and communications equipment.

4. Consumption devices.

5. Lighting Equipment.

6. Electrical, electronic tools (except for the big, fixed tools for industrial use).

7. Toys, equipment of entertainment, and sports.

8. Automatic measuring instruments.

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1. Toxic chemicals limited in the electrical, electronic products include the chemicals: Lead (Pb), Cadmium (Cd), mercury (Hg), Chromium valence 6 (Cr6 +), polybrominated biphenyl (PBB) and polybrominated diphenyl ethers (PBDE).

2. Content of hazardous chemicals in the electrical, electronic products circulated on the market of Vietnam are not exceeded the permissible limitation specified in the Annex 1, except for the cases specified in Annex 3 enclosed hereof.

3. An electrical, electronic product is considered to comply with content limitation of toxic chemicals if all homogeneous materials constituting such product comply with the content limitation of toxic chemicals.

4. When having no respective Vietnam Regulation, to assess the content of hazardous substances in the electrical, electronic product, temporarily apply the existing standard IEC 62321: Electric technical Products - Determination of the threshold of six chemicals regulated (the English name is Electrotechnical products - Determination of levels of six regulated substances).

Article 6. Responsibilities of the organizations, individuals manufacturing, importing electronic, electrical products

1. Ensuring electrical, electronic products manufactured or imported to have content of hazardous substances not exceeding the limitation specified in Annex 1 of this Circular.

2. Organizations and individuals manufacturing or importing electrical, electronic products disclose information generally in the direction of: electrical, electronic products manufactured, imported by organizations or individuals complied with the provisions of this Circular on permissible content limitation of the toxic substances. The disclosure of information is made ​​by one of the following forms:

a) Posting on the Website of organizations and individuals;

b) Information in the instruction manual may be in the form of instruction manual or the instruction paper accompanying products;

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d) Being printed directly on the products or packaging.

3. In all cases, organizations and individuals manufacturing or importing electrical, electronic products shall be self-responsibility before the law for the accuracy of the information disclosed as provided in Clause 2 of this Article.

4. Developing and maintaining management records of hazardous chemicals content in electrical, electronic products circulated on the Vietnam market and presenting to the competent authority upon request. The management records include: list of inputs; quality control votes of inputs raw materials and component; process of management of toxic chemicals content.

Article 7. Responsibilities of organizations and individuals trading electronic, electrical products

The organizations, individuals distribute, retail electronic, electrical products are allowed to trade only the products implemented the announcement of information on the permissible content limitation of the toxic chemicals specified in Clause 2 Article 6 of this Circular.

Article 8. Responsibilities of state management agencies

1. Department of Chemicals

a) To preside over coordinate with agencies involved in testing organizations and individuals that manufacture or import electrical, electronic products not guaranteeing the permissible content limitation specified in this Circular;

b) To appoint the laboratory that has been accredited in accordance with the requirements of ISO/IEC/17025: General requirements for the competence of the laboratory and calibration (the English name is General requirements for the competence of testing and calibration Laboratories) is to allow to test the criteria in the Annex 1 attached to this Circular. The appointment of the laboratory allowed to test shall comply with Circular No.09/2009/TT-BKHCN dated April 08, 2009 of Ministry of Science and Technology guiding on the requirements, order, and procedures for appointment of conformity assessment organizations.

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To handle violations in accordance with the law regulations for electronic, electrical products circulated on the market not guaranteeing the permissible content limitation.

Article 9. Effect

1. This Circular takes effect from September 23, 2011 and is implemented ​​until having the respective National Technical Regulations to replace.

2. From December 01, 2012, electrical, electronic products manufactured, imported must implement the information announcement on the permissible content limitation of some hazardous chemicals as prescribed in Clause 2, Article 6 of this Circular.

3. During the course of implementation should any problems arise, organizations and individuals timely to reflect to the Ministry of Industry and Trade to amend and supplement accordingly./.

FOR MINISTER
DEPUTY MINISTER




Nguyen Nam Hai

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ANNEX 1

PERMISSIBLE CONTENT LIMITATION OF SOME HAZARDOUS CHEMICALS IN THE ELECTRICAL AND ELECTRONIC PRODUCTS
(Issuing together with the Circular No.30/2011/TT-BCT dated August 10, 2011 of the Ministry of Industry and Trade)

No.

Chemicals

Permissible content limitation

1

Pb

0,1% volume

2

...

...

...

0,1% volume

3

Cd

0,01% volume

4

Cr6+

0,1% volume

5

PBB

...

...

...

6

PBDE

0,1% volume

ANNEX 2

LIST OF THE ELECTRICAL AND ELECTRONIC PRODUCTS REQUIRED TO ENSURE PERMISSIBLE CONTENT LIMITATION OF SOME HAZARDOUS CHEMICALS
(Issuing together with the Circular No.30/2011/TT-BCT dated August 10, 2011 of the Ministry of Industry and Trade)

Products’ names

HS Code

1. BIG SIZE APPLIANCES

...

...

...

8418

Refrigerator

8418

Ice generator

8418

Big size equipment used to freeze, preserve, store food

8418

Washing machine

8451

...

...

...

8451

Dishwashing machine

8422

Household articles

7323

Electric oven

8516

Electric heater

7322

...

...

...

8516

The big format equipment used for cooking and processing other food

8516

Electric heater

8516

Heating device operated by electricity

8516

Big equipment used for heating rooms, beds

8516

...

...

...

8414

Air conditioner

8415

The air conditioner, ventilation blowers or other air equipment

8415

2. SMALL SIZE APPLIANCES

Vacuum cleaner

8508

Vacuum cleaner at the carpet

...

...

...

The equipment used for sewing, knitting and processing garments (household appliances)

8205

Irons and other appliances for ironing clothing

8516

Electric toaster

7321

Electric frying pan

7321

Coffee blender, coffee grinder

...

...

...

Other devices used to open and seal containers, packaging

7615

Knifes of all types

8211

Device used for cutting hair

8510

Hair drier

8516

Electric toothbrushes

...

...

...

Massage and other body care equipment

9019

Watches and other equipments used for measuring, displaying and recording time

9102

Wall clocks and other devices used for measuring, displaying and recording time

9105

Types of scales

8423

3. EQUIPMENT OF INFORMATION TECHNOLOGY AND COMMUNICATIONS

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...

...

Big size computer (server)

8471

Small size computer

8471

Printing, photocopy machine

8443

- Personal computers, include:

...

...

...

8471

Lap top

8471

Notebook typed computer

8471

Notepad typed computer

8471

Printer

8443

...

...

...

8443

Calculator

8471

The other products and equipment used to gather, store, process, present, or connect information by electronic means

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- User terminals and systems, including:

Fax machine

8443

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...

...

8517; 8518

Telephone

8518

Public telephone

8518

Handie - talkie

8517

Hand phone

8517

...

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...

8517

4. CONSUMPTION EQUIPMENT

Radios

8527

Television

8528

Camcorders

8521

Video recorders

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...

Acoustic receiver

8527

Amplifier

8523

Musical instrument

92

The other products and equipment used to record and play back audio or video or other technologies to deliver sound and images by telecommunications....

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5. LIGHTING EQUIPMENT

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...

8539

Straight fluorescent lamps

8539

Miniature fluorescent lamps

8539

High intensity discharge lamps, including high pressure sodium lamps and metal halogen lamps

8539

Low voltage sodium lamps

8539

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8539

6. ELECTRIC AND ELECTRONIC TOOLS

Driller

8459

Saw machine

8461; 8465

Sewing machine

8452

The devices used for turning, grinding, polishing, grinding, sawing, cutting, trimming, drilling, making holes, folding, bending or handling wood, metal or other materials

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...

Tools for riveting, nailing or screwing or pulling rivets, nails, screws and other hand tools

8203

Tools for welding (welding machine, welding stock, gas welding or electric soldering …)

8468

Equipment for spraying, dispersing liquids, gases

8424

Tools for cutting, pruning or other gardening activities

8201

7. TOYS AND ENTERTAINMENT, SPORTS EQUIPMENT

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9503

Portable game machine

9503

Equipment for cycling, diving, running, rowing and other sports equipment have electrical or electronic components

9506

Slot machines

9504

The other games operated by coins, counters, bank card

9504

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Machines for filling, closing, sealing or labeling in the bottles, cans, boxes, bags or other containers

8422

Automatic measuring equipment of solid products

8423

Money counting equipment, automated teller machine

9029

The automatically-vending equipment of all types of products

8476

The measurement  instruments in general

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 ANNEX 3

THE CASES OF EXEMPTION NOT APPLICABLE PERMISSIBLE CONTENT LIMITATION OF SOME HAZARDOUS CHEMICALS PRESCRIBED IN ANNEX 1
(Issuing together with the Circular No.30/2011/TT-BCT dated August 10, 2011 of the Ministry of Industry and Trade)

No.

The cases of exemption

Cope and time limit of application

1

1.1

Expiry on 31/12/2011;

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After 31/12/2012 each burner shall be used 2.5 mg

1.2

Expiry on 31/12/2011;

After 31/12/2011, each burner can be used 3.5 mg

1.3

1.4

1.5

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After 31/12/2011, each burner can be used 7mg

1.6

2

Expiry on 31/12/2011;

After 31/12/2011, each lamp can be used 4 mg

Expiry on 31/12/2011;

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Expiry on 31/12/2011;

After 31/12/2011, each lamp can be used 3 mg

Expiry on 31/12/2012;

After 31/12/2012, each lamp can be used 3.5 mg

Expiry on 31/12/2011;

After 31/12/2011, each lamp can be used 5 mg

2.2

Expiry on 13/4/2012

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Not to be limited in use until 31/12/2011;

After 31/12/2011, each lamp can be used 15 mg

Not to be limited in use until 31/12/2011;

After 31/12/2011, each lamp can be used 15 mg

3

3.1

Not to be limited in use until 31/12/2011;

After 31/12/2011, each lamp can be used 3.5 mg

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Not to be limited in use until 31/12/2011;

After 31/12/2011, each lamp can be used 5 mg

3.3

Not to be limited in use until 31/12/2011;

After 31/12/2011, each lamp can be used 13 mg

4

4.1

Not to be limited in use until 31/12/2011;

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4.2

Not to be limited in use until 31/12/2011;

After 31/12/2011, each burner can be used 30 mg

Not to be limited in use until 31/12/2011;

After 31/12/2011, each burner can be used 40 mg

Not to be limited in use until 31/12/2011;

After 31/12/2011, each burner can be used 40 mg

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After 31/12/2011, each burner can be used 25 mg

Not to be limited in use until 31/12/2011;

After 31/12/2011, each burner can be used 30 mg

Not to be limited in use until 31/12/2011;

After 31/12/2011, each burner can be used 40 mg

4.4

Expiry on 13/4/2015

4.5

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5

5.1

5.2

6

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6.2

6.3

7

7.1

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7.3

8

8.1

Expiry on 01/01/2012, then may be used in the replacement parts for products circulated on the market before 01/01/2012

8.2

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9

10

11

11.1

May be used in the replacement parts for products circulated on the market before 24/9/2010

11.2

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12

May be used in the replacement parts for products circulated on the market before 24/9/2010

13

13.1

13.2

14

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15

16

Expiry on 01/9/2013

17

17

18

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19

Be used in the replacement parts for products circulated on the market before 24/9/2010

20

21

22

23

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24

25

26

27

28

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29

30

Expiry on 01/7/2014