Energy savinglabeling procedures: Difficulties remains

Must change the way of management, inspection and energy efficiency labeling

It is argued that this is a conflict between the views of management andthe reform to facilitate businesses.

Fast or slow depending on agreement

A result from the GIG(Project Governance administration aims to Comprehensive Growth of USAID)project, expertsurveys in cities across the country show: Average trial time for a washing machine is 7 days/sample; or 2 weeks/sample, with a lifespan testcriteria is 1 month/sample, and the target for luminous flux maintenance factor is 3 months/sample. Average trial time for tubular fluorescent lamps and compact fluorescent lamps(excluding life indicators and luminous flux maintenance factor)is 2 weeks/sample; with the lifespan testcriteria of1 month/sample; maintained luminous flux ratioindicators is 3 months/sample. Trial time lasts from one week to three monthsdue to Circular No. 07/2012/TT-BCT of the Ministry of Industry and Trade (MOIT)not specified. Testing time is specified in the documentation of the General Department of Energy, which defines thepractice typical time-tested form quickly or slowly depending on the work of the testing unit or on the agreement between testing units and customers.

Besides, the cause was from the lacking of testing units and not unevenly distributed among regions. Currently there are 8 testing units: 6 domestic units, 2 exotic units but have expired, in which each unit only has testing functionalityof a certain number of items. The number of testing units assigned by the Ministry of Industry and Trade (General Department of Energy) is low and unable to meet the needs of businesses leading to time delays and increased implementation costs. There are cases where companies import an electric motor to replace old engines which had broken which cost about 2 million vndbut the cost of testing performance can be up to 5-6 million vndand the duration of the test can take up to a week.

Entangled superposition

Customs authority - the unit in charge ofCustoms clearance procedures for export and import goods has repeatedly spoken out about the inadequacies and problems relating to the procedures for checking the energyminimum efficiencyand energy saving labeling and examination,which is difficult for Customs and businesses to implement. Even there are some contents thathave been exchanged a lot by Customs but have not yet to be guided. For example, for the subsequent import shipments with the same names, the same model/serial, same manufacturer, same origin, the General Department of Energy (MOIT) has agreed to allow the use of CertificateofEnergyEfficiency testingtothe first shipment for Customs clearancepurposes for followingshipments. However, informationabout companies importing goods on the Certificate is not specific. Therefore, in order forCustoms to havea legal basis for Customs clearance for enterprises’followingshipments, the General Department of Energy shouldclearly require testing institutions to have additional information relating to the enterprisesimportinggoodsonthe Certificate. MOIT has not yet answered about the case of companies that have been granted Certificates of Energy Efficiency testing, but are delegated to other enterprises, then is theimport enterprise allowed to use the Certificate of the initial enterpriseforCustoms procedures or not?

Energy saving labeling in the previous stage of clearance or before being put into the market is also having different interpretations.

In fact, the provisions of Article 39 of the Law on Use of saving and efficiencyenergy highlighted that "vehicles and equipment on the list of vehicles and equipment to have energy saving labeling must be labeled before launching". Thus, according to the General Administration of Customs, there are no legal documents specifying labeling prior to the clearance of goods. However, the documents of the General Department of Energy confirmed that energy saving labeling done before clearance results in prolonged clearance of goods leading to difficulties in the implementation process, not consistent with the Law of use of energy saving and efficiency, and the policy of the Government in Resolution No.19/2016/NQ-CP and Resolution No. 35/NQ-CP.

The General Department of Customs said that the test ofminimum energy efficiency and energy saving labeling is carried out after Customs clearance and management agencies take responsibility for domestic checks to ensure import businesses comply with energy saving labeling work before putting the goods into the market.

Besides, the new orientation onreforming specialized examining procedures reduces time of Customs clearance of goods such as: Enhancing mutual recognition is not informedspecifically. According to the General Department of Customs, the assessment and certification at production facilities (in export countries), decisions on the energy saving labeling certification at the production facilities should beannounced on the electronic pages by the General Department of Energy and sent to the General Department of Customs for Customs to have grounds to check at the time of Customs procedures for companies.

MOIT must removedifficulties immediately

When the sequence of administrative procedures for energy saving labeling are having problems, the Deputy Prime Minister Vu Duc Dam’s conclusion in the examination of the implementation of specialized inspection for export and import goods in accordance with Resolution 19/2016/NQ-CP of the Government in HCMCon the 8th August states: The Ministry of Industry and Trade and the Ministry of Science and Technology report to the Government about the issue of energy efficiency testing and energy saving labeling for imported goods stipulated in Decree No. 21/2011/ND-CP providing detailed regulations and measures for implementing the Law on use of energy saving and efficiency, Decision No. 51/2011/QD-TTg of the Prime Minister specifyingthe category of vehicles, equipmentsthat must be fixedenergy savinglabels, appliedminimum energy efficiency and the roadmap for implementation, Decision No. 78/2013/QD-TTg on promulgating the list and roadmap of vehicles, equipments that usingmust-eliminateenergy, and low-efficiency generators; have specific amendments proposed forremoving obstacles for import businesses towards proactively recognized and labeledimport vehicles, equipment (including engines) originating from countries with higher technical standards than Vietnam, submit to the Government to consider and decide.

It should be emphasized that in the direction of the Deputy Prime Minister Vu Duc Dam has stated: While relevant documentsare not yet modified, shall comply with the Resolution of the Government. Resolution No. 19/2016/NQ-CP requires MOIT to change the fundamental management, testing, labeling methods of energy efficiency, abolishing the provisions thathave no practical effectwhich extend the time of Customs clearance, making difficulties and increasing costs for businesses.