Decision No. 253/QD-BTNMT of March 05, 2009, on approving the ecology label issuance program

DECISION

ON APPROVING THE ECOLOGY LABEL ISSUANCE PROGRAM

THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

Pursuant to the Law on Environment protection of November 29, 2005;

Pursuant to the Government's Decree No. 80/2006/ND-CP of August 09, 2006 on detailing and guiding the implementation of a number of articles of the Law on Environment protection; the Government's Decree No. 21/2008/ND-CP of February 28, 2008 on amending and supplementing a number of articles of the Government's Decree No. 80/2006/ND-CP of August 09, 2006 on detailing and guiding the implementation of a number of articles of the Law on Environment protection;

Pursuant to the Government's Decree No. 25/2008/ND-CP of March 04, 2008 on defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the Director of the Vietnam Environment Administration and Director of the Legal Department,

DECIDES:

Article 1. Approving the Ecology label issuance program (hereinafter referred to as Program) with the following contents:

I. NAME AND SYMBOL OF ECOLOGY LABEL

1. Name: Vietnam green label

2. Symbol

a) The design: in the Annex;

b) Description: The symbol consists of coherent images: a bird in its nest inside a bush above a green ripple. These images imply the environmental friendliness, the ecology protection, the efficient management and use of natural resources and convey the value of the products to which the “Vietnam green label” is affixed.

II. TARGET

1. Overall target

b) Enhancing the sustainable use of the natural resources and the environment protection by encouraging the production and consumption of the eco-friendly products assessed and certified by the State;

b) Making the “Vietnam green label” a well-known, prestigious trademark in the domestic certification system, and accredited worldwide.

2. Specific target

a) Encouraging enterprises to design products and operate towards reducing the negative impacts on the resources and the environment during the exploitation, production, packing, transport, consumption and disposal of products;

b) Establishing a sustainable market for eco-friendly products and services through the incentives for producing, exporting, importing enterprises and consumers;

c) Encouraging the Vietnam’s industry to export to the world’s market by committing to implement the provisions on the environment and satisfy the product standards under ISO 14024;

d) Providing clear, reliable and prompt information, guidance and direction to enterprises wishing to employ a method to reduce the impact on the environment during the production and business;

dd) Providing clear, reliable and independent information, guidance and direction for enterprises about the environmental friendliness of the products, helping the consumers form the basis for their purchase;

e) Improving the awareness of eco-friendly products and services via the media campaigns;

g) Setting up the “Vietnam green label” program with tight criteria, efficient organization, strict supervision and inspection, and supported by sustainable financial sources;

h) Establishing the system for assessing, certifying and issuing the “Vietnam green label” in accordance with the domestic situation and international practice;

i) Reasonably selecting appropriate group of products and services to participate in the program;

k) Improving the cooperation with the Ecology label network worldwide, the mutual recognition agreements with the systems for issuing Ecology label from other countries and international organizations.

III. PRINCIPLES OF OPERATION

1. Only issuing the “Vietnam green label” to eco-friendly products and services; not issuing the “Vietnam green label” to products being chemicals or precursor substances that are extremely toxic and dangerous for the environment and human health.

2. The amount of group of animal products eligible for the “Vietnam green label” shall be determined by each period according to the demand and capacity of the enterprise, the ability to organize, test, assess and manage the label issuance in accordance with the changes of the market, the technology, the resources, the environment and the social awareness.

3. The “Vietnam green label” issuance criteria must be clear, transparent, quantitative and feasible and consulted by relevant branches, organizations and the community during the establishment of the label issuance criteria. The issuance criteria must be periodically considered, assessed and amended (if necessary).

4. The conformity with ISO 14020, ISO 14024 and other relevant standards must be ensured, the WTO’s requirements of technical barriers to trade must be satisfied.

5. The legitimacy and independent operation of the Ecology label issuance organizations must be ensured.

IV. PROGRAM DEPLOYMENT CONTENT

1. Establishing the system for assessing, certifying and issuing the “Vietnam green label” to eco-friendly products and services

a) Building the cooperation mechanism between the organizations and individuals participating in the “Vietnam green label” issuance program, including: the Ecology label council, the Ecology label office, the technical boards, audit agencies, and agencies that inspect the standards and the commitment fulfillment of enterprises;

b) Establishing, promulgating the criteria and procedures for certifying the qualification of agencies and organizations participating in the certification and issuance of the “Vietnam green label”;

c) Compiling and promulgating the technical instruction documents on the order for assessing, certifying and issuing the “Vietnam green label” to eco-friendly products and services;

d) Applying for the protection certified brand names.

2. Applying the “Vietnam’s green label” pilot issuance to a number of products and services

a) Selecting kinds and groups of products, services being the major subjects of the pilot program;

b) Studying, identifying the environmental problems, the possibility to diminish the impacts on the environment by the selected products and services; assessing the situation of the market, the benefits to the community from the selected products and services;

c) Determining the selection criteria and selecting enterprises participating in the “Vietnam green label” pilot issuance program, making instruction documents on the procedures for label issuance and its application to enterprises;

d) Establishing the order, procedures and provisions on dossiers and forms of the “Vietnam green label” issuance application;

dd) Establishing the label issuance criteria for the selected group of products and services consulted by relevant enterprises and organizations;

e) Establishing the criteria and capability conditions for the inspection establishments and laboratories qualified for assessing the environmental criteria of the products, services being the subjects of the program;

g) Assessing, certifying and issuing the “Vietnam green label” to the selected products and services;

h) Disseminating and broadly announcing on the media about the products and services that have been issued with the “Vietnam green label”

i) Assessing the efficiency and difficulties of the pilot program; announcing the pilot application results, proposing the appropriate changes.

3) Extensively issuing the “Vietnam green label” to eco-friendly products and services

a) Identifying groups of products, services being the major subjects of the program; identifying groups of products, services not being allowed to participate in the program;

b Studying, identifying the environmental problems, the possibility to diminish the impacts on the environment by the products and services; assessing the situation of the market, the benefits to the community from the selected products and services;

c) Studying and determining and prescribing the charges and fees relating to the “Vietnam green label” issuance;

d) Establishing the criteria for issuing the “Vietnam green label” to groups of eco-friendly products and services with the participation of State agencies and relevant social organizations, socio-political organizations; obtaining opinions from enterprises and the community, completing and officially announcing the criteria for eco-friendly products and services;

dd) Issuing the operation licenses to agencies, organizations qualified for assessing and certifying eco-friendly products and services as prescribed by law;

e) Imposing sanctions against enterprises violating the criteria and the commitment when participating in the program;

g) Compiling the instruction documents on the procedures for label issuance and the necessary information for the enterprises; documents on providing information for consumers;

h) Issuing the “Vietnam green label” to eco-friendly products and services, monitoring, inspecting and supervising the observance of the commitment of the enterprises participating in the program;

I) Periodically considering, assessing, amending and supplementing the criteria; supplementing or removing groups of products, services from the list of “Vietnam green label” issuance;

k) Collecting, managing, exploiting and using the data of the “Vietnam green label”.

4. Supporting the market development, creating incentives for enterprises having products and services that have been issued with the “Vietnam green label”

a) Creating incentives in order to support the market development of the products and services that have been issued with the “Vietnam green label”

b) Establishing the mechanism and policies on encouraging and supporting enterprises to participate in the “Vietnam green label” issuance program;

c) Protecting the consumers’ interests when purchasing the products and services that have been issued with the “Vietnam green label”.

5. Improving awareness, providing information and guiding the consumers when selecting the products and services that have been issued with the “Vietnam green label”

a) Establishing and implementing the dissemination program of “Vietnam green label” on means of mass media;

b) Implementing the campaign for propagating, popularizing the interests of using the products and services that have been issued with the labels;

c) Designing, building and regularly updating the information about the “Vietnam green label” on the websites and specialized magazines.

6. Participating in and integrating into the international Ecology label network

a) Participating in discussing, hosting the regional, international forums and seminars on Ecology label;

b) Exchanging experience and cooperating with experts in regional and international Ecology label programs;

c) Standardizing the criteria for approving products, services, order and procedures for issuing “Vietnam green label” in accordance with regional and international Ecology label programs;

d) Entering into mutual recognition agreements with prestigious Ecology label programs.

7. Training and improving the capability of the officers in Ecology label issuance organizations

a) Providing training course at home and abroad for the officers of the organizations participating in the program;

b) Cooperating in compiling the standard syllabus and instruction documents on the Ecology label issuance for teaching and popularizing.

V. TIME AND SCOPE OF IMPLEMENTATION

1. Time of implementation

a) 2009 – 2010: Set up the detailed project to deploy the program; establish the system for assessing, certifying and issuing the “Vietnam green label”; experiment the label issuance to a number of selected products and services;

b) 2010 – 2012: Create the incentives for enterprises having the products and services that have been issued with the “Vietnam green label”; participate in the international Ecology label network;

c) 2011 – 2015: Identify groups of products and services, establish criteria for issuing the “Vietnam green label” to the groups of products and services;

d) From 2011: issue the “Vietnam green label” to the qualified products and services; establish and deploy the dissemination of the “Vietnam green label”; train and improve the officer capability.

2. Scope of implementation: nationwide.

VI. BUDGET SOURCES AND MECHANISM OF IMPLEMENTATION

1. Budget sources

The total budget demand for implementing the Ecology label issuance program shall be determined on the basis of the schemes and projects drawn up and approved by the presiding agencies under their authority and the regular management expenses of the program from the capital sources:

a) The annual the State budget on the environmental achievements;

b) The budget mobilized from the international sponsors for developing eco-friendly products and services;

c) The revenues from the certification and issuance of the “Vietnam green label” when the program has been put into smooth operation.

Annually, according to the target, contents of the program and the ability of the capital sources, the Vietnam Environment Administration in cooperation with the Department of planning and the Department of Finance to unanimously allot the budget in order to ensure the efficiency of the program.

2. Mechanism of implementation

The budget to implement the program shall be managed, used under the current provisions on finance and shall be spent on the following activities:

a) Setting up detailed projects and duties of the program;

b) Implementing the projects and duties of the program;

c) Officially launching the program.

VII. ORGANIZING THE IMPLEMENTATION

1. The Vietnam Environment Administration, being the operator of the program, is responsible to:

a) Deploy, monitor, inspect and expedite the efficient implementation of the program;

b) Preside over and cooperate with the Department of Officer organization and the relevant units to establish or appoint agencies, organizations to participate in the “Vietnam green label” program;

c) Direct the establishment of the projects, duties and submit them as prescribed;

d) Preside over and cooperate with the relevant units to make annual detailed plans, implement the activities under the approved contents and send to the Department of planning and the Department of Finance for summarizing and reporting to the Minister;

dd) Expedite, inspect and supervise the implementation of the program; annually organize periodic summary, final summary and report to the Minister;

e) Preside over and cooperate with the relevant Ministries, branches and unites to implement the projects within the assigned functions and duties;

g) Cooperate with media agencies, socio-political organizations, organizations and Professional groups to disseminate the “Vietnam green label” to the enterprise and consumers;

h) Organize the promotions to encourage enterprises to participate in the Ecology label issuance program.

2. The Department of planning and the Department of Finance: responsible to balance and allot the annual budget to implement the program unanimously with the Vietnam Environment Administration under the current provisions;

3. The Department of Natural Resources and Environment in central-affiliated cities and provinces: responsible to improve the local consumers’ awareness of the “Vietnam green label”; encourage local enterprises to participate in the Ecology label program.

Article 2. This Decision takes effect as from the date of its signing.

Article 3. The Director of the Vietnam Environment Administration, Heads of ministerial units, Directors of Departments of Natural Resources and Environment in central-affiliated cities and provinces and relevant organizations, individuals are responsible to implement this Decision.

ANNEX

SYMBOL OF VIETNAM GREEN LABEL
(Promulgated together with the Decision No. 253/QD-BTNMT of March 05, 2009 of the Minister of Natural Resources and Environment)