Circular No. 51/2020/TT-BCT dated December 21, 2020 on Promulgating national technical regulation on the limits of lead content in paints

CIRCULAR

PROMULGATING NATIONAL TECHNICAL REGULATION ON THE LIMITS OF LEAD CONTENT IN PAINTS

Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

Pursuant to the Law on Quality of Products and Goods dated November 21, 2007;

Pursuant to the Law on Quality of Products and Goods dated November 21, 2007;

Pursuant to the Government's Decree No. 127/2007/ND-CP dated August 01, 2007 on elaboration of some Articles of the Law on Technical Regulations and Standards and Government’s Decree No. 78/2018/ND-CP dated May 16, 2018 on amendments to some Articles of the Government's Decree No. 127/2007/ND-CP dated August 01, 2007 on elaboration of some Articles of the Law on Technical Regulations and Standards;

Pursuant to the Government's Decree No. 132/2008/ND-CP dated December 31, 2008 on elaboration of some Articles of the Law on Quality of Products and Goods; Government’s Decree No. 74/2018/ND-CP dated May 16, 2018 on amendments to the Government's Decree No. 132/2008/ND-CP dated December 31, 2008 on elaboration of some Articles of the Law on Quality of Products and Goods;

Pursuant to the Government’s Decree No. 98/2017/ND-CP dated August 18, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

At the request of the Director General of the Vietnam Chemicals Agency;

The Minister of Industry and Trade hereby promulgates a Circular promulgating National technical regulation on the limits of lead content in paints.

Article 1.Promulgated together with this Circular is the National technical regulation on the limits of lead content in paints.

Code: QCVN 08 : 2020/BCT.

Article 2.This Circular comes into force from July 01, 2022.

Article 3.Implementation

1. The Director General of the Vietnam Chemicals Agency shall provide guidance on and organize the implementation of this Circular.

2. Chief of the Ministry Office; Director General of the Vietnam Chemicals Agency; Directors of Departments of Industry and Trade of provinces and central-affiliated cities; heads of organizations and individuals concerned are responsible for the implementation of this Circular.

3. Difficulties that arise during the implementation of this Circular should be promptly reported in writing to the Ministry of Industry and Trade for instructions or appropriate amendments./.

QCVN 08 : 2020/BCT

NATIONAL TECHNICAL REGULATION ON THE LIMITS OF LEAD CONTENT IN PAINTS

Foreword

QCVN 08:2020/BCT is developed by the Drafting Group, submitted by the Vietnam Chemicals Agency for approval, appraised by the Ministry of Science and Technology and promulgated by the Minister of Industry and Trade together with the Circular No. 51/2020/TT-BCT dated December 21, 2020.

NATIONAL TECHNICAL REGULATION ON THE LIMITS OF LEAD CONTENT IN PAINTS

I. General

1. Scope

This technical regulation covers technical requirements, test methods and managerial regulations applicable to lead content in paints specified in the Annex A to this Regulation which are produced, imported and sold within the territory of Vietnam.

2. Regulated entities

This technical regulation applies to producers, importers and sellers of paints specified in the Annex A hereto, regulatory bodies and other relevant organizations and individuals.

3. Definitions

For the purposes of this document, the terms below shall be construed as follows:

“lead content” means mass (%) of lead (expressed as metallic lead (Pb)) that exists in elemental or compound form of lead in paints and is determined adopting the test methods specified in this Regulation.

II. Technical requirements

1. Normative references

1.1. CPSC-CH-E1003-09-01, Standard operating Procedure for Determining Lead (Pb) in Paint and other Similar Surface Coatings, February 25, 2011

1.2. TCVN 2090:2015 (ISO 15528:2013) Paints, varnishes and raw materials for paints and varnishes – Sampling.

2. Technical requirements

Permissible limits of lead content in paints shall be subject to the technical requirements provided in Table 1.

Table 1 - Limits of lead content in paints

3. Labelling

Labelling shall subject to the regulations set out in the Government’s Decree No. 43/2017/ND-CP dated April 14, 2017 on goods labels and prevailing labelling regulations.

Lead content shall be published, labelled and presented on packages of the paints specified in the Annex A hereto.

4. Test methods

4.1. Sampling methods are specified in TCVN 2090 : 2015.

4.2. Lead content in paints is determined under the regulations set out in the Annex B.

III. MANAGERIAL REGULATIONS

1. Regulations on conformity declaration

1.1. Conformity of the paints specified in Annex A hereto shall be declared in accordance with this Regulation before they are circulated on Vietnam’s market.

1.2. The conformity of the paints specified in Annex A hereto shall be declared according to points a and b clause 2 Article 11 of the Circular No. 36/2019/TT-BCT dated November 29, 2019 (hereinafter referred to as “the Circular No. 36/2019/TT-BCT”).

2. Regulations on conformity assessment

2.1. Conformity assessment

- The import of the paints specified in Annex A hereto shall be carried out adopting method 1 provided in Annex II to the Circular No. 28/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology (hereinafter referred to as “the Circular No. 28/2012/TT-BKHCN”) and Circular No. 02/2017/TT-BKHCN dated March 31, 2017 of the Minister of Science and Technology (hereinafter referred to as “the Circular No. 02/2017/TT-BKHCN”).

- The domestic production of the paints specified in Annex A hereto shall be carried out adopting method 5 provided in Annex II to the Circular No. 28/2012/TT-BKHCN and Circular No. 02/2017/TT-BKHCN.

2.2. Conformity assessment bodies are prescribed in point a clause 1 Article 8 of the Circular No. 36/2019/TT-BCT.

3. Regulations on use of conformity marks

The use of conformity marks shall be subject to clause 2 Article 4 of the Circular No. 28/2012/TT-BKHCN.

IV. Responsibilities of organizations and individuals

1. Producers, importers and sellers of paints specified in the Annex A hereto shall comply with the regulations on limits of lead content laid down in this Regulation.

2. After declaring conformity, producers, importers and sellers of paints specified in the Annex A hereto shall register their declarations of conformity at the Department of Industry and Trade of the province where such producers, importers and sellers register their production, sale and import as prescribed in clause 2 Article 12 of the Circular No. 36/2019/TT-BCT.

V. Implementation

1. The Vietnam Chemicals Agency shall cooperate with authorities and units concerned in providing guidance on and inspect the implementation of this Regulation.

According to managerial requirements, the Vietnam Chemicals Agency shall recommend the Minister of Industry and Trade to make amendments to this Regulation.

2. The Vietnam Directorate of Market Surveillance shall organize and direct the market surveillance force to carry out inspection, supervision and impose penalties for violations against regulations on limits of lead content in paints circulated on market as prescribed by law and this Regulation.

3. Department of Industry and Trade of provinces and central-affiliated cities shall cooperate with authorities and units concerned in providing guidance on and inspect the implementation of this Regulation within their provinces.

4. In the cases where any of the legislative documents, documents or standards referred to in this Regulation is amended or replaced, the newest one shall prevail./.

Annex A

LIST OF PAINTS SUBJECT TO REQUIREMENTS UNDER QCVN 08 : 2020/BCT