Circular 36/2016/TT-BCT – Regulations on Energy Labeling

Phuc Gia – Providing the content of Circular 36/2016/TT-BCT, which regulates energy labeling for energy-using vehicles and equipment under the management of the Ministry of Industry and Trade, issued on December 28, 2016. This is an important document directly related to enterprises and organizations involved in the import, export, manufacture, and trade of this equipment.

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Table of contents

I. SCOPE OF APPLICATION

Circular 36/2016/TT-BCT regulates the energy labeling of energy-using vehicles and equipment and applies to:

Manufacturers and importers (hereinafter referred to as enterprises) of vehicles and equipment subject to energy labeling.
Testing organizations participating in the testing of vehicles and equipment subject to energy labeling.
Regulatory agencies managing energy labeling activities and related agencies, organizations, and individuals.

II. MAIN CONTENT OF THE CIRCULAR 36/2016/TT-BCT

Circular 36/2016/TT-BCT prescribes the order and procedures for registration, implementation of energy labeling, and revocation of energy labels for vehicles and equipment in the List of vehicles and equipment subject to mandatory energy labeling issued by the Prime Minister under the management of the Ministry of Industry and Trade, or vehicles and equipment for voluntary energy labeling (hereinafter collectively referred to as vehicles and equipment).

This Circular does not apply to the following energy-using vehicles and equipment:

Goods, materials, and equipment temporarily imported for re-export;
Goods in transit or transshipment;
Goods produced or processed by domestic enterprises for export (not consumed domestically);
Goods in the field of national defense and security, national secrets, and nuclear radiation safety;
Non-commercial imported goods: Personal luggage, diplomatic goods; goods participating in exhibitions or fairs; Gifts and donations;
Spare parts, components, and materials imported individually for use or replacement in investment projects or works, or for purposes such as scientific research conferences, sports competitions, cultural and artistic performances, and other non-business goods as prescribed by law.

This Circular stipulates that energy labeling testing organizations include: domestic testing organizations (independent testing organizations or manufacturer testing laboratories); foreign testing organizations (independent testing organizations or manufacturer testing laboratories). Accordingly, these organizations must meet the following conditions:

Domestic testing organizations must meet the regulations in Chapter II of Decree No. 107/2016/ND-CP dated July 1, 2016, of the Government on conditions for conformity assessment service business;
Foreign testing organizations must be accredited according to ISO/IEC 17025 (or equivalent) by accreditation bodies that have signed mutual recognition agreements (ILAC or APLAC).

On April 20, 2023, Phuc Gia Laboratory Corporation – Phuc Gia Inspection Testing Center was designated by the Ministry of Industry and Trade as an Energy Efficiency Testing Laboratory for energy labeling certification according to the Registration Certificate for Energy Efficiency Testing Activities No. 986/GCN-BCT.

Test report serve as the basis for energy labeling for products with the same model, technical specifications, origin, and manufacturing facility. Test report are valid indefinitely, except where competent state agencies discover errors in the report or violations by the testing organization.

Circular 36/2016/TT-BCT provides details on registration procedures for energy labeling and re-registration, helping agencies and organizations involved in the import, export, manufacture, and trade of listed equipment easily understand and implement them. It also requires enterprises to be responsible for the accuracy and honesty of information published in the Energy Labeling Declaration and information displayed on the label.

Enterprises have the right to choose electronic energy labels for suitable equipment or use other labels to perform energy labeling. Additionally, dimensions may be changed to fit the equipment but must not cause confusion, obscure, or affect the information on the goods label as prescribed by law.

The Ministry of Industry and Trade coordinates with relevant agencies to conduct periodic or unscheduled inspections of energy labeling. Circular 36/2016/TT-BCT stipulates that before January 15 each year, testing organizations must submit a written report to the Ministry of Industry and Trade (Department of Energy Efficiency and Sustainable Development) regarding the quantity and types of equipment tested in the previous year according to the template in Appendix 4 of this Circular.

The Ministry of Industry and Trade will revoke energy labels if there is misleading information in the registration dossier or the Declaration. If there are complaints, individuals or organizations can send them to the Ministry of Industry and Trade for resolution according to the law on complaints.

Complaining parties must bear all testing costs if the complaint is incorrect. If the equipment fails to meet regulations, the enterprise must bear all testing costs, costs for error rectification, and other penalties as prescribed by law.

III. IMPLEMENTATION EFFECTIVENESS

Circular 36/2016/TT-BCT takes effect from February 10, 2017, and replaces Circular No. 07/2012/TT-BCT regulating energy labeling for energy-using vehicles and equipment and repeals Article 8 of Circular No. 04/2016/TT-BCT amending and supplementing several Circulars of the Minister of Industry and Trade on administrative procedures in the fields of e-commerce, chemicals, liquor production and business, commercial franchising, goods trading through goods exchange departments, energy, food safety, and electricity. Accordingly:

For testing organizations already designated by the Ministry of Industry and Trade under the provisions of Circular No. 07, testing organizations may continue their activities until the expiration of the Laboratory Designation Decision.
For manufacturing and importing enterprises of vehicles and equipment already certified for energy labeling by the Ministry of Industry and Trade under the provisions of Circular No. 07, enterprises may continue to apply energy labels to the vehicles and equipment until the expiration of the Energy Labeling Certification Decision.

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