Vietnam To Enact Mandatory RoHS Requirements

This article first appeared in C2P

authored by Joyce Costello (Senior Regulatory Compliance Specialist)

Vietnam’s Ministry of Industry and Trade, having coordinated with relevant agencies and units, has released a draft Circular promulgating national technical regulations (QCVN) on the permissible levels of hazardous chemicals in electrical and electronic products for public comment.

Interested parties are advised that in choosing QCVN as the instrument type, the Ministry is for the first time creating a national RoHS technical regulation of mandatory application in Vietnam.

RoHS Directive

The draft would control the same 10 substances at the same concentrations as recast EU RoHS Directive 2011/65/EU (as amended by Directive (EU) 2015/863): lead (0.1%), mercury (0.1%), cadmium (0.01%), hexavalent chromium (0.1%), polybrominated biphenyls (PBB) (0.1%) and polybrominated diphenyl ethers (PBDE) (0.1%), bis (2-ethylhexyl) phthalate (0.1%), butyl benzyl phthalate (0.1%), dibutylphthalate (0.1%) and diisobutyl phthalate (0.1%).

Annex I lists 11 categories of EEE, largely aligned with EU RoHS, that would be covered by this QCVN. Of note is the express listing of photovoltaic panels as in scope, and the breakdown of specific products coming within each category, including ‘miscellaneous’ category 11 comprising two wheel electric scooter (electronic scooter), electrical cables that are less than 250V working voltage and unfinished cables such as cable reels without plugs.

Product exclusions are set out in Annex II, Table I and RoHS 2, and includes ‘electrical and electronic components’.

What exactly is intended here is unclear, but most likely the same rule applicable in the EU also applies here: non-electronic or non-electric components being used in finished EEE or for repair or upgrade of used EEE which is in scope must meet the substance restrictions.

However, components sold as stand-alone components or if produced to be used in a product benefiting from an exclusion are not in scope.

Large scale fixed installations have not been listed in the present draft.

Annex II, Table 2 indicates exempt applications with a very useful official English translation beside each exemption.

A list of exempted medical devices and monitoring and control devices is presented in Annex III, and also includes an English translation.

Conformity Assessment

The announcement of conformity for electrical and electronic products must comply with the provisions of Points a and b, Clause 2, Article 11 of Circular No. 36/2019/TT-BCT stipulating the quality management of products and goods under the management responsibility of the Ministry of Industry and Trade and must be based on certification results of certification organisations registered in the field of operation as prescribed in Decree 107/2016/ND-CP.

Certificates of conformity differ for domestically-produced and imported goods:

Domestically produced goods;
Method 5 specified in Appendix II of Circular No. 28/2012/TTBKHCN; Circular No. 02/2017/TT-BKHCN and Circular No. 06/2020/TTBKHCN; or
Certificate of conformity according to Method 7 “Testing and evaluating batches of products and goods” in case the manufacturer cannot apply the quality assurance requirements according to Method 5.
Imported electrical and electronic products;
Method 1 specified in Appendix II of Circular No. 28/2012/TTBKHCN and Circular No. 02/2017/TT-BKHCN; or
Certificate of conformity according to Method 5 at the overseas production facility upon request from the foreign manufacturer.

The testing organisation must have registered its operation under the provisions of Decree No. 107/2016/ND-CP.

Certificates of conformity must be registered at the Service of Industry and Trade where the organisation or individual registers production, business and import activities.

They remain valid for no more than 3 years.

Conformity Marking

The technical-regulation conformity mark must comply with Clause 2, Article 4 of the Declaration and Assessment System of Conformity to Standards and Technical Regulations, promulgated together with Circular No. 28/2012/TT-BKHCN.

This Circular replaces and annuls the existing provisional regulations on the allowable content limit of some hazardous chemicals in electrical and electronic products, Circular No. 30/2011/TT-BCT.

Transitional Provisions

Electrical and electronic products circulated on the domestic market in compliance with Circular 30/2011/TT-BCT before 31 December 2025 can continue to be circulated on the market until the end of 31 December 2025.

Enterprises, organisations and individuals are invited to manufacture, import and export electrical and electronic products in accordance with the rules established under the new RoHS regulation QCVN…:2022/BCT with effect from the date of issuance of the implementing Circular.

Consultation on the proposal is scheduled to end on 17 October 2022, with the Circular taking effect from 1 January 2026.