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THE MINISTRY OF
INDUSTRY AND TRADE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence
- Freedom – Happiness
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No: 09/2012/TT-BCT
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Hanoi, April 20,
2012
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CIRCULAR
PROVIDING
FOR ELABORATION OF PLANS, REPORT ON IMPLEMENTATION OF PLANS ON ECONOMICAL AND
EFFICIENT ENERGY USE; IMPLEMENTATION OF ENERGY AUDIT
Pursuant to the Law
on economical and efficient energy use dated June 17, 2010;
Pursuant to the
Government’s Decree No. 21/2011/ND-CP dated March 29, 2011 detailing the Law on
economical and efficient use of energy and measures for its implementation;
Pursuant to the
Government’s Decree No. 189/2007/ND-CP dated December 27, 2007 defining the
functions, tasks, powers and organizational structure of the Ministry of
Industry and Trade;
Pursuant to the Government’s
Decree No. 44/2011/ND-CP dated June 14, 2011 amending and supplementing Article
3 of the Government’s Decree No. 189/2007/ND-CP dated December 27, 2007
defining the functions, tasks, powers and organizational structure of the
Ministry of Industry and Trade;
The Minister of
Industry and Trade details clause 2 Article 33, clause 4 Article 37 of the 2010
Law on economical and efficient use of energy; clause 3 Article 10, clause 2
Article 25 of the Government’s Decree No. 21/2011/ND-CP dated March 29, 2011
detailing the Law on economical and efficient use of energy and measures for
its implementation as follows:
Section 1.
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Article 1.
Scope of regulation
This Circular provides for:
1. Elaboration of plans, report on
implementation of annual, five-year plans on economical and efficient energy
use of the key energy-using establishments
2. Elaboration of plans and annual report
on energy use of agencies, units financed by the State budget.
3. Orders, procedures for implementation
of energy audit.
Article 2.
Subjects of application
This Circular applies to:
1. Key energy-using establishments
(hereinafter referred to as establishments).
2. Agencies, units financed by the State
budget (hereinafter referred to as agencies, units).
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4. Other relevant organizations and
individuals.
Article 3.
Interpretation of terms
In this Circular, the following terms
are construed as follows:
1. Electronic information portal means the
sole access point of users on the network environment,linking and integrating
information channels, services and applications, through that, users may
exploit, use and personalize the information display.
2. The database means a collection of
data organized, sorted systematically under a definite method so as to access,
exploit, manage and update through electronic means.
3. Data means information in
forms of symbols, letters, numbers, images, sound or similar forms.
4. The system of national energy database
means
a system to access, exploit, manage and update the database on national
energy use.
5. Data message means information set
up, sent and received or saved by electronic method.
6. Website means information
page or a collection of information pages in the network environment, serving
for supply and exchange of information.
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Section 2.
ELABORATION
OF PLANS AND MAKING REPORTS ON IMPLEMENTATION OF PLANS ON ECONOMICAL AND
EFFICIENT ENERGY USE
Article 4.
General provisions on method to register plans and make reports on
implementation of plans on economical and efficient energy use
1. Establishments and agencies, units
perform registration for plans, make reports on implementation of
plans and
reports on
economical and efficient energy use as follows:
a. Establishments and agencies, units
access into internet network, register plans, make reports on
implementation of plans on economical and efficient energy use through the
website of system of national energy the database;
b. If establishments, agencies, units
fail to access into internet network, the registration of plans, making of reports on
implementation of plans on economical and efficient energy use shall be
implemented in writing; establishments, agencies, units must have commitments
on ensuring the authenticity and take responsibility for data, have signature
of responsible persons for data in documents, signature of heads and seal of
establishments, agencies, units.
2. The registration of plans, making of reports on implementation
of plans on economical and efficient energy use of establishments shall be
implemented by sending to the respective provincial management Departments in
localities (hereinafter referred to as the provincial management Department) as
follows:
a. Establishments operating in field
of industry production and agencies, units shall send dossiers, reports to the
provincial Departments of Industry and Trade;
b. Establishments operating in field
of construction shall send dossiers, reports to the provincial Departments of
Construction;
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d. Establishments operating in field
of transport shall send dossiers, reports to the provincial Departments of
Transport.
Article 5.
Elaboration of annual plans and making reports on
implementation of annual plans on economical and efficient energy use of the
establishments
1. Annually, establishments must elaborate
annual plans and make reports on implementation of annual plans on economical
and efficient energy use of establishments and register with the provincial
management Departments.
2. Annual plans and reports on
implementation of annual plans on economical and efficient energy use of
establishments include contents specified in Annex I promulgated together with
this Circular.
3. Elaboration and registration of annual
plans and reports on implementation of annual plans on economical and efficient
energy use of the establishments shall be performed according to orders,
procedures as follows:
a. Accessing into website of the
system of national energy database, entering data according to steps and
processes as guided on the website;
b. Sending written notice according to
the form in Annex II promulgated together with this Circular to the provincial
management Departments specified in clause 2 Article 4 of this Circular,
notices on plans and reports on implementation of annual plans of
establishments have been saved on website of the system of national energy
database;
c. If establishments receive the
written opinions of the provincial management Departments requesting for
amendment, adjustment, establishments must implement amendment, adjustment of
plans and reports on implementation of plans on the website.
Establishments shall send the written
notice on amendment, adjustment to the provincial management Department,
concurrently copy and send to the provincial Department of Industry and Trade
in localities so as to register plans and make reports on implementation of
annual plans on economical and efficient energy use.
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5. Establishments shall implement full
annual plans on economical and efficient energy use after plans have been
registered.
Article 6.
Elaboration of 5-year plans and making of reports on implementation of 5-year
plans on economical and efficient energy use of the establishments
1. Establishments must elaborate 5-year
plans and make reports on implementation of 5-year plans on economical and
efficient energy use of establishments and register with the provincial
management Departments.
2. The 5-year plans and reports on
implementation of 5-year plans on economical and efficient energy use of
establishments include contents specified in Annex III promulgated together
with this Circular.
3. Elaboration and registration of 5-year
plans and reports on implementation of 5-year plans on economical and efficient
energy use of the establishments shall be performed according to processes,
procedures as follows:
a. Accessing into website of the
system of national energy database, entering data according to steps and
processes as guided on the website;
b. Sending written notice according to
the form in Annex II promulgated together with this Circular to the provincial
management Departments, notices on plans of establishments are saved on website
of the system of national energy database;
c. If establishments receive the
written opinions of the provincial management Departments requesting for
amendment, adjustment, establishments must implement amendment, adjustment of
5-year plans on the website.
Establishments shall send the written
notice on amendment, adjustment to the provincial management Departments,
concurrently copy and send to the provincial Departments of Industry and Trade
in localities so as to register their 5-year plans.
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4. Registration of 5-year plans must be
finished not later than January 15 of the first year of each period of 5-year
plan
5. Establishments shall implement full
the 5-year plans on economical and efficient energy use after plans have been
registered.
Article 7.
Elaboration of annual plans and making annual reports on energy use of
agencies, units
1. Annually, agencies, unit shall
elaborate, register plans and make reports on enregy use according to contents
specified in the form 1.7 of Annex I promulgated together with this Circular
and send them to the provincial Departments of Industry and Trade.
2. Elaboration and registration of annual
plans and making reports on annual energy use of agencies, units shall be
performed according to orders, procedures as follows:
a. Accessing into website of the
system of national energy database, entering data according to steps and
processes as guided on the website;
b. Sending written notice according to
the form in Annex II promulgated together with this Circular to the provincial
Departments of Industry and Trade, notices on plans and reports on energy use
of agencies, units have been saved on website of the system of national energy
database;
c. If agencies, units receive the
written opinions of the provincial Departments of Industry and Trade requesting
for amendment, adjustment, they must implement amendment, adjustment of plans
and reports on energy use on the website.
Agencies, units shall send the written
notice on amendment, adjustment to the provincial Departments of Industry and
Trade in their localities so as to register 5-year plans and make reports on
annual energy use.
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4. Agencies, units financed by the State
budget shall implement full annual plans after plans have been registered;
fully abide by provisions in Articles 30 and 31 of the Law on economical and
efficient energy use.
Article 8.
Responsibilities of the provincial management Departments for elaboration of
plans and reports on implementation of plans on economical and efficient energy
use of the establishments
1. The provincial management Departments
shall:
a. Consider, assess plans and reports
on implementation of annual, 5-year plans on economical and efficient energy
use after receiving notice of the establishments specified in Articles 5, 6 and
7 of this Circular;
c. Have opinions in writing in which
clearly state requirements and guide for establishments in correcting the
contents of plans and reports on implementation of plans;
c. Send documents to the provincial
Departments of Industry and Trade after the provincial management Departments
approve the content of plans, reports on implementation of annual, 5-year plans
on economical and efficient energy use of establishments.
d. In case where the plans and reports
on implementation of annual, 5-year plans of establishments fail to implement
on the Internet network, the provincial management Departments shall enter data
of such establishments into the system of national energy database.
2. Coordinating with the provincial
Departments of Industry and Trade in periodically examining, guiding, urging,
assisting
establishments to implement the contents of plans and make reports on
implementation of annual, 5-year plans on economical and efficient energy use
as registered.
3. The provincial management Departments
shall send notice on approval to the provincial Departments of Industry and
Trade about plans and reports on implementation of annual, 5-year plans of
establishments not later than February 15 of every year.
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The provincial Departments of Industry
and Trade shall directly confirm on electronic documents as guided by the
system of national energy database within 15 working days:
1. After approving plans, reports on
implementation of the annual, 5-year plans of establishments in the field of
industry production and agencies, units.
2. After receiving notice on approval of
the provincial management Departments relating to registration of plans,
reports on implementation of annual, and 5-year plans of establishments.
Section 3.
ENERGY
AUDIT
Article 10.
Implementation of energy audit
1. To conduct preliminary survey to
detect and propose opportunities for energy-saving without investment or only
with small investment for the key energy-using establishments to perform;
determine requirements and implement measure, survey in details means, devices,
technology lines selected or entire establishments.
2. Result of energy audit is a report on
energy audit submitted to leaders of establishments subject to energy audit,
including full figures of survey, measure, specific calculation, reflect of
technologies, energy use of establishments and solutions for energy-saving that
are proposed according to priority order, with full analysis on expenses,
benefits of each proposal for establishments to select in carrying out
application.
3. Steps to implement energy audit and
contents of report on energy audit specified in Annex IV promulgated together
with this Circular.
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Section 4.
ORGANIZATION
FOR IMPLEMENTATION
Article 11.
Responsibilities of Genreal Department of Energy
1. To supervise and examine the energy
use of establishments and agencies, units.
2. To coordinate with provincial People’s
Committees, economic groups, state corporations in making List of the key
energy-using establishments nationwide, and report to the Minister to submit to
the Prime Minister for annual announcement.
3. To coordinate with the provincial
management Departments in guiding, urging establishments to make plans and
reports on implementation of annual, 5-year plans on economical and efficient
energy use, guide implementation of regulations on economical and efficient
energy use.
4. To organize and announce the annual
national energy database and elaborate the regime or management and accessing
of data for organizations, individuals having needs as prescribed by law.
5. To support establishments to implement
energy audit and other obligations specified in this Circular.
6. To implement science research and
technological development, serve target of economical and efficient energy use,
apply the common techniques of energy-saving that have been affirmed to be
effective clearly in real.
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Apart from responsibilities specified
in other Articles of this Circular, the provincial Departments of Industry and
Trade have the following reponsibilities:
1. Coordinating with the General
Department of Energy in guiding, urging, examining implementation of economical
and efficient energy use.
2. Proposing to provincial People’s
Committees for application of mechanisms, policies with the aim to boost the
economical and efficient use of energy in localities as prescribed by law and
provisions in this Circular.
3. To hold assessment and contribution of
opinions for investment programs and projects for target of economical and
efficient energy use which are proposed by the production establishments in
localities; report to the Presidents of the provincial People’s Committees or
the Ministry of Industry and Trade to request for consideration in support
partly for funding to implement.
4. To examine, supervise, inspect
implementation of this Circular within their local management scope.
5. To assume the prime responsibility
for, and coordinate with relevant agencies in information, propagation on
activities of economical and efficient energy use in localities; timely
encourage and reward organizations and individuals with achievements and timely
handle mistakes in activities of economical and efficient energy use.
6. To assume the prime responsibility
for, and coordinate with the provincial management Departments in examining,
urging, guiding the key energy-using establishments to implement fully
obligations specified in this Circular.
7. To guide, urge agencies and units
financed by the State budget having head offices located in their localities in
implementing full responsibilities for making annual plans and annual reports
on energy use specified in this Circular.
8. To make List of the key energy-using
establishments in their localities, report it to the provincial People’s
Committees and send it to the Ministry of Industry and Trade before February 01st
of every year.
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Article 13.
Responsibilities of Economic Groups, State Corporations
Economic Groups, State Corporations
shall:
1. Popularize, grasp thoroughly contents
and direct, urge, assist establishments being members of Economic Groups, State
Corporations in fully implementing provisions in this Circular.
2. Coordinate with and assist the
provincial management Departments in carrying out activities of economical and
efficient energy use.
3. Specifically define targets of
energy-saving in conformity with production and business conditions of Economic
Groups, State Corporations.
4. Elaborate programs on economical and
efficient energy use to apply in whole Economic Groups, State Corporations.
5. Select and direct their affiliated
units in implementing measures of management and suitable technological
application to regularly improve the energy use, reduce the energy intensity,
down criteria on energy consumption over a product unit.
Article 14.
Annual reports on energy use, implementation of energy audit of establishments
not in List of the key energy-using establishments
1. The production establishments in
fields of industry, agriculture, construction and transport establishments
having the level of energy use lower than provision in Article 6 of the Decree
No. 21/2011/ND-CP are encouraged for making the annual reports on the energy
use according to Annex V promulgated together with this Circular and sending
them to the provincial Departments of Industry and Trade before the January
15th of every year.
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Article 15.
Implementation provisions
1. This Circular takes effect on June 05,
2012.
2. In the course of implementation, any
arising problems should be reported to the Ministry of Industry and Trade for
timely suitable amendment and supplementation.
FOR THE MINISTER OF
INDUSTRY
AND TRADE
DEPUTY MINISTER
Hoang Quoc Vuong
ATTACHED FILE
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