Guidance on accepting declaration of conformity in Vietnam according to Circular 20/2023/TT-BTNMT

Guidance on accepting declaration of conformity in Vietnam according to Circular 20/2023/TT-BTNMT (Internet image) 

On June 07, 2024, the Ministry of Natural Resources and Environment (Hanoi, Vietnam) issued Official Dispatch 3670/BTNMT-BDKH regarding accep declaration of conformity according to the regulations of Circular 20/2023/TT-BTNMT.

Guidance on accepting declaration of conformity according to Circular 20/2023/TT-BTNMT

To be specific:, on November 30, 2023, the Minister of Natural Resources and Environment  (Hanoi, Vietnam) issued the National Technical Regulation on collection, transportation, storage, recycling, re-use, and disposal of controlled substances (QCVN 76:2023/BTNMT) in Circular 20/2023/TT-BTNMT, effective from May 30, 2024. In particular, section 3 of QCVN 76:2023/BTNMT specifies the content about declaration of conformity for activities of collecting, transporting, and storing controlled substances; and controlled substances after recycling. To be specific:

(1) Regulations on compliance declaration for activities of collecting, transporting, and storing controlled substances:

- Compliance certification is carried out according to method 6 as stipulated in Circular 28/2012/TT-BKHCN dated December 12, 2012, and Circular 02/2017/TT-BKHCN dated March 31, 2017, of the Minister of Science and Technology on the declaration of standard compliance, compliance declaration, and methods of conformity assessment with standards and technical regulations.

- Based on the self-assessment results of conformity for collecting, transporting, and storing controlled substances, organizations, and establishments are responsible for performing the compliance declaration according to this Regulation and other related legal provisions.

(2) Regulations on compliance declaration for controlled substances after recycling:

- Compliance certification is carried out according to method 5 or method 7 as stipulated in Circular 28/2012/TT-BKHCN and Circular 02/2017/TT-BKHCN.

- Organizations and establishments are responsible for making declaration of conformity for controlled substances after recycling as stipulated in this Regulation and other related legal provisions.

- declaration of conformity are based on the certification results of a certification organization that has registered its field of activity according to the law on standard compliance, compliance declaration, and methods of conformity assessment with standards and technical regulations.

According to the provisions of Clause 2 Article 14 Decree 127/2007/ND-CP dated August 1, 2007, which provides detailed guidelines for several articles of the Law on Standards and Technical Regulations: “2. The compliance declaration is a mandatory activity. Organizations and individuals engaged in production and business must make a compliance declaration according to the regulations in the corresponding technical regulations. When making a compliance declaration, production and business organizations and individuals must register the compliance declaration at the specialized agency in the locality where the organization or individual is registered for production and business activities.”

Simultaneously, Clause 3 Article 14 Decree 127/2007/ND-CP stipulates: “On a quarterly basis, the specialized agencies in the locality accept the compliance declaration list of organizations and individuals who have registered the compliance declaration and send it to the following agencies: a) Ministries and ministerial-level agencies that issue national technical regulations; b) The provincial Department of Science and Technology where the organization or individual registers production and business activities for aggregation and reporting to the Ministry of Science and Technology.”

Following the above-mentioned regulations, the Ministry of Natural Resources and Environment respectfully requests the esteemed Committee to assign specialized agencies to receive declaration of conformity according to the provisions of Circular 20/2023/TT-BTNMT dated November 30, 2023, and other related legal provisions (The contents of the compliance declaration acceptance procedure are attached to this Official Dispatch).

More details can be found in Official Dispatch 3670/BTNMT-BDKH dated June 07, 2024.

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