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THE MINISTRY OF
AGRICULTURE AND ENVIRONMENT OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.
08/2025/TT-BNNMT
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Hanoi, June 17,
2025
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CIRCULAR
PROVIDING
AMENDMENTS TO CIRCULAR NO. 01/2022/TT-BTNMT DATED JANUARY 07, 2022 OF MINISTER
OF NATURAL RESOURCES AND ENVIRONMENT OF VIETNAM PROVIDING GUIDELINES FOR
IMPLEMENTATION OF LAW ON ENVIRONMENTAL PROTECTION REGARDING RESPONSE TO CLIMATE
CHANGE
Pursuant to the Law on Environmental Protection
dated November 17, 2020;
Pursuant to the Government’s Decree No.
35/2025/ND-CP dated February 25, 2025 defining functions, tasks, authority and
organizational structure of the Ministry of Agriculture and Environment of
Vietnam;
Pursuant to the Government’s Decree No.
06/2022/ND-CP dated January 07, 2022 on mitigation of greenhouse gas emissions
and ozone layer protection;
Pursuant to the Government’s Decree
No.119/2025/ND-CP dated June 09, 2025 providing amendments to the Government’s
Decree No. 06/2022/ND-CP dated January 07, 2022 on mitigation of greenhouse gas
emissions and ozone layer protection;
At the request of the Director of Department of
Climate Change;
The Minister of Agriculture and Environment of
Vietnam hereby promulgates a Circular providing amendments to Circular No.
01/2022/TT-BTNMT dated January 07, 2022 providing guidelines for implementation
of Law on Environmental Protection regarding response to climate change.
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1. Article 1 is amended as follows:
“Article 1. Scope
This Circular elaborates on the provisions of point
g clause 2 Article 27, point c clause 3 Article 90, point c clause 4 Article 91,
point b clause 3 and clause 6 Article 92 of the Law on Environmental
Protection; clause 4 Article 27 and clause 7 Article 28 of the Government’s
Decree No. 06/2022/ND-CP dated January 07, 2022 prescribing mitigation of
greenhouse gas (GHG) emissions and ozone layer protection, as amended by the
Government’s Decree No. 119/2025/ND-CP dated June 09, 2025.”.
2. Article 9 is amended as follows:
“Article 9. Verification requirements
1. Verification of sector-level GHG inventory
results/sector-level GHG emissions mitigation shall be subject to the
following:
a) The information and data must be adequate, well
grounded and verifiable;
b) Methods of GHG inventory/calculation of GHG
emissions mitigation, procedures for quality assurance and control, assessment
of uncertainties, policies and measures for mitigating GHG emissions must be
conformable with the guidelines given by the Intergovernmental Panel on Climate
Change (hereinafter referred to as “IPCC”), regulations of relevant laws, and
sectoral development strategies, plannings and plans;
c) The results of GHG inventory and GHG emissions
mitigation must ensure no underestimation or double-counting; GHG emission
reductions must be compared against the BAU (Business-As-Usual) scenario.
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a) The adequacy, reliability, and transparency of
the information and data used in preparing reports must be ensured in
accordance with the technical guidelines issued by the relevant sectoral
Ministry;
b) Determination of boundaries, scope of the GHG
inventory, selection of methods, emission factors, and quality assurance and
control procedures must be in line with the subject facility’s operational
boundaries, technological and production processes;
c) GHG emissions mitigation measures and methods
for quantifying GHG emission reductions must be appropriate to the subject
facility’s actual conditions in accordance with the technical guidelines issued
by the relevant sectoral Ministry.”.
3. Article 10 is amended as follows:
“Article 10. Subject matters of
verification of sector-level GHG inventory results
1. Adequacy of GHG inventory contents, information
and data, including:
a) Check and compare the list of emission sources
and sinks, and GHG types against the IPCC’s guidelines and regulations of law
on GHG inventory;
b) Consider the adequacy of the report’s items as
prescribed in Appendix II enclosed with the Decree No. 06/2022/ND-CP, as
amended by the Decree No. 119/2025/ND-CP;
c) Review the justifications for exclusion of
emission sources and sinks with low GHG emissions;
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2. Appropriateness of the determination of GHG
emission sources and sinks, including:
a) Review the GHG inventory boundaries described in
the report so as to ensure appropriateness and comprehensiveness of the
sectoral management scope;
b) Check and compare the determination and
classification of GHG emission sources and sinks against the IPCC’s guidelines
and regulations of law on GHG inventory to ensure their adequacy and accuracy.
3. Appropriateness of GHG inventory methods,
emission factors applied, quality assurance and control measures, and the GHG
emissions information/data system of the sectoral Ministry, including:
a) Consider the appropriateness, consistency, and
basis for the selection of calculation methods for each of the emission
sources;
b) Review the reference sources and suitability of
the applied emission factors for types of technologies, production and actual
conditions of Vietnam;
c) Consider the compatibility of calculation units
between activity data and emission factors;
d) Review the plan for implementation of quality
assurance and control procedures, and results thereof.
4. Assessment of the accuracy and reliability of
GHG inventory results, including:
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b) Review contents about the uncertainty assessment
in the GHG inventory results, including the applied methods, input values, and
aggregation formulas;
c) Carry out analysis of GHG inventory results to
identify key variables that contribute to high uncertainty, and propose
remedial measures for the next GHG inventory period.".
4. Article 11 is amended as follows:
“Article 11. Subject matters of
verification of sector-level GHG emissions mitigation report
1. Suitability of regulatory policies and measures
for GHG emissions mitigation for sectoral development strategies, plannings and
plans, including:
a) Compare regulatory policies and measures for GHG
emissions mitigation against sectoral development strategies, plannings and
plans so as to ensure consistency and suitability for sectoral priority
objectives for socio-economic development;
b) Consider the feasibility of financial,
technological, and human resources, and the implementation schedule of sectoral
GHG emissions mitigation policies and measures.
2. Reliability and adequacy of GHG inventory
information/data and BAU scenario in the planning period, including:
a) Consider the adequacy of the report’s items as
prescribed in Form No. 01 in Appendix III enclosed with the Decree No.
06/2022/ND-CP;
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c) Consider the transparency, appropriateness and
justifications for assumptions used to develop the sectoral BAU scenario,
ensuring their suitability for national and sectoral socio-economic development
forecasts and IPCC’s guidelines.
3. Appropriateness of methods for quantifying GHG
emission reductions included in regulatory policies and measures for GHG
emissions mitigation, including:
a) Review methods for quantifying GHG emission
reductions which should be conformable with IPCC’s guidelines and regulations
of relevant laws;
b) Consider the effectiveness of GHG emissions
mitigation policies and measures, and the determination of calculation
boundaries so as to control GHG leakage risk;
c) Review the formulas for calculating GHG emission
reductions.
4. Accuracy and reliability of GHG emission
reductions compared to those defined in the BAU scenario in the planning
period, including:
a) Carry out re-calculation or verification of a
representative sample from the measure with the largest GHG emissions reduction
potential of the sector;
b) Review contents about uncertainty assessment in
GHG emission reductions.
5. Possibility for double counting of GHG emission
reductions, including:
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b) Compare with the information on the National
Registration System for GHG emission allowances and carbon credits so as to
ensure that no double-counting occurs during the implementation of Nationally
Determined Contributions (NDCs).”
5. Article 12 is amended as follows:
“Article 12. Subject matters of review of
facility-level GHG inventory results
1. Adequacy of contents, information and data in
the report:
a) Consider the adequacy of the report’s items as
prescribed in Form No. 06 in Appendix II enclosed with the Decree No.
06/2022/ND;
b) Check and compare the list of emission sources
and sinks, and GHG types against technical guidelines issued by the relevant
sectoral Ministry;
c) Consider the adequacy of data and information on
approaches to activity data collection, GHG emission factors, and assumptions
used.
2. GHG inventory scope:
a) Review the GHG inventory boundaries described in
the report;
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6. Article 13 is amended as follows:
“Article 13. Subject matters of review of
facility-level GHG emissions mitigation report
1. Adequacy of contents, information and data in
the report, including:
a) Consider the adequacy of the report’s items as
prescribed in Form No. 02 in Appendix III enclosed with the Decree No.
06/2022/ND-CP;
b) Review the description of the GHG emission mitigation
measure, including technologies, processes, scope and duration of application;
c) Consider the adequacy of activity data,
technical parameters used to set the GHG emission baselines before the
implementation of GHG emission mitigation measures;
d) Consider the adequacy of activity data in the
reporting period, monitoring, measurement and data collection performed by the
facility.
2. Review the suitability of the implemented GHG
emission mitigation measures for the facility’s GHG emission mitigation plan.”
7. Article 16 is amended as follows:
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1. Any producers of the controlled substances
specified in point a clause 1 Article 24 of the Decree No. 06/2022/ND-CP shall
be required to strictly comply with regulations on registration of use of such
controlled substances, application for grant of production quotas, and
reporting thereon enshrined in the Decree No. 06/2022/ND-CP.
2. Any importers of the controlled substances
specified in point b clause 1 Article 24 of the Decree No. 06/2022/ND-CP shall:
a) Strictly implement the management measures and
validity period for the controlled substances specified in Appendix III.2 and
Appendix III.3 enclosed herewith;
b) Clearly provide description of each of the
imported controlled substances which bear the same HS code on customs
declarations when following customs procedures;
c) Submit reports as prescribed, and cooperate with
and provide information at the request of supervisory authorities.
3. Any producers/importers of equipment or products
containing or made of the controlled substances specified in point c clause 1
Article 24 of the Decree No. 06/2022/ND-CP shall be required to follow
procedures for registration of use and reporting on such controlled substances
as prescribed in the Decree No. 06/2022/ND-CP.”.
8. Article 17 is amended as follows:
“Article 17. Collection, transport,
storage, recycling, reuse and treatment of controlled substances
1. Users of the controlled substances or
equipment/products containing the controlled substances specified in clause 6
Article 92 of the Law on Environmental Protection include:
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b) Producers or importers of equipment or products
containing or made of the controlled substances specified in point c clause 1
Article 24 of the Decree No. 06/2022/ND-CP;
c) Owners of equipment containing controlled
substances specified in point d clause 1 Article 24 of the Decree No.
06/2022/ND-CP, as amended by point b clause 21 Article 1 of the Decree No.
119/2025/ND-CP;
d) Providers of such services as collection,
recycling, reuse and treatment of the controlled substances specified in point
dd clause 1 Article 24 of the Decree No. 06/2022/ND-CP;
dd) Providers of installation, repair and
maintenance services for refrigeration and air-conditioning equipment.
2. Responsibility for collection, recycling, reuse
and treatment of controlled substances contained in equipment or products which
are no longer in use:
a) Owners of equipment containing controlled
substances, including: air conditioners with a rated cooling capacity greater
than 26,5 kW (90.000 BTU/h) and with a total rated cooling capacity greater
than 586 kW (2.000.000 BTU/h); industrial refrigeration equipment with
electrical capacity greater than 40 kW, shall continue collecting, recycling,
reusing and treating such controlled substances contained in these equipment
pieces or products when they are no longer in use according to the rules set
out in clause 1 Article 28 of the Decree No. 06/2022/ND-CP;
b) Owners of equipment containing controlled
substances, including: air conditioners with a rated cooling capacity greater
than 26,5 kW (90.000 BTU/h) and with a total rated cooling capacity greater
than 586 kW (2.000.000 BTU/h), shall follow registration procedures, submit
reports on, and carry out collection, recycling, reuse and treatment of such
controlled substances contained in these equipment pieces or products when they
are no longer in use according to relevant regulations laid down in the Decree
No. 06/2022/ND-CP, as amended by the Decree No. 119/2025/ND-CP;
c) Producers/importers of equipment or products
containing or made of the controlled substances, with a rated cooling capacity
smaller than 26,5 kW (90.000 BTU/h) or with electrical capacity smaller than 40
kW, shall carry out collection, recycling, reuse and treatment of such
controlled substances contained in these equipment pieces or products when they
are no longer in use from January 01, 2028 according to the rules set out in
clause 1 Article 28 of the Decree No. 06/2022/ND-CP.
3. Technicians in charge of installing, operating,
maintaining and repairing equipment containing controlled substances as prescribed
in clause 4 Article 28 of the Decree No. 06/2022/ND-CP are required to possess
an intermediate-level diploma or higher in one of the following majors:
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b) Electronics and building energy engineering;
c) Mechanical engineering, heating and air
conditioning technology;
d) Refrigeration equipment installation;
dd) Maintenance and repair of thermal equipment;
e) Refrigeration machine and air conditioning
engineering;
g) Refrigeration equipment operation and repair;
h) Refrigeration electromechanical engineering in
fisheries sector;
i) Rural electromechanical engineering;
k) Automotive technology.
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5. Provincial-level People’s Committees shall
assign their affiliated specialized agencies to disseminate and provide
instructions on the application of national technical regulations on
collection, transport, storage, recycling, reuse, and treatment of controlled
substances to relevant parties; receive conformity declarations from
organizations and individuals, compile and submit lists to competent
authorities as prescribed by the law on technical regulations and standards;
carry out inspection and supervision of compliance with regulations on
conformity declarations for recycled controlled substances, and relevant
regulations of law on trading of products and goods.”
9. Article 18 is amended as follows:
“Article 18. Guidance on implementation
of roadmap for management, exclusion of controlled substances contained in
equipment and products or used for producing equipment and products
1. Production/import of the following equipment and
products shall be carried out from January 01, 2029:
a) Transport refrigeration equipment using HCFC-22;
b) Chillers which do not use HFC-404A and
controlled substances having the global warming potential (hereinafter referred
to as “GWP”) greater than 2.100;
c) Commercial refrigeration equipment and
industrial refrigeration equipment which do not use HCFC-22, HFC-507A, HFC-404A
and controlled substances having GWP greater than 1.800;
d) Heat pump water heaters, portable air
conditioners which do not use HFC-410A, HFC-407C and controlled substances
having GWP greater than 1.500;
dd) Residential air conditioners and
packaged/variable refrigerant flow/variable refrigerant volume (PAC/VRV/VRF)
systems which do not use HCFC-22, HFC-410A, HFC-407C, HFC-134a and controlled
substances having GWP greater than 750;
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2. Production/import of the following equipment and
products shall be carried out from January 01, 2035:
a) Chillers, commercial refrigeration equipment,
and transport refrigeration equipment which do not use HFC-410A and controlled
substances with GWP greater than 1.500;
b) Industrial refrigeration equipment and portable
air conditioners which do not use HFC-410A, HFC-407C, HFC-134a and controlled
substances having GWP greater than 750;
3. Production/import of the following equipment and
products shall be carried out from January 01, 2040:
Chillers, commercial refrigeration equipment,
transport refrigeration equipment, and heat pump water heaters which do not use
HFC-134a and controlled substances having GWP greater than 750.
4. Production/import of the following equipment and
products shall be carried out from January 01, 2045:
a) Residential air conditioners, heat pump water
heaters, chillers, PAC/VRV/VRF systems, commercial refrigeration equipment,
industrial refrigeration equipment, transport refrigeration equipment, and foam
insulation manufacturing equipment which do not use HFC-32 and controlled
substances having GWP greater than 150;
b) Fire protection equipment and portable air
conditioners which do not use HFC-32 and controlled substances having GWP
greater than 3.”
10. The word “huyện” (“district”) in Section II,
Section III and Section IV of Appendix I.1 enclosed with the Circular No.
01/2022/TT-BTNMT is abrogated.
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12. The phrase “Bộ Tài nguyên và Môi trường”
(“Ministry of Natural Resources and Environment”) is replaced with the phrase
“Bộ Nông nghiệp và Môi trường” (“Ministry of Agriculture and Environment of
Vietnam”) in clause 1 Article 5, clause 3 Article 7, clause 2 Article 21,
Section II of Appendix I.2 enclosed with the Circular No. 01/2022/TT-BTNMT; the
phrase “Bộ Nông nghiệp và Phát triển nông thôn” (“Ministry of Agriculture and
Rural Development of Vietnam”) is replaced with the phrase “Bộ Nông nghiệp và
Môi trường” (“Ministry of Agriculture and Environment of Vietnam”) in Section
II of Appendix I.2 and Appendix III.2 enclosed with the Circular No.
01/2022/TT-BTNMT; the phrase “Bộ Giao thông vận tải” (“Ministry of Transport”)
is replaced with the phrase “Bộ Xây dựng” (“Ministry of Construction of
Vietnam”) in section II of Appendix I.2 enclosed with the Circular No.
01/2022/TT-BTNMT.
Article 2. Abrogation of some
Articles, Clauses and Appendixes enclosed with Circular No. 01/2022/TT-BTNMT
The following are abrogated:
1. Article 14.
2. Clause 1 and clause 4 Article 15.
3. Appendix II.
4. Appendix III.1 and Appendix III.4 in Appendix
III.
Article 3. Transition
Facility-level GHG inventory reports which have
been received by specialized agencies affiliated to provincial-level People’s
Committees before the effective date of this Circular shall continue to be
processed in accordance with regulations of law in force at the time of
receipt, unless provisions of this Circular are applied at the request of
relevant organizations or individuals.
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1. This Circular comes into force from August 01,
2025.
2. From the effect date of this Circular, the
documents and regulations listed hereunder shall cease to have effect:
a) Article 3 of the Circular No. 07/2025/TT-BNNMT
dated June 16, 2025 of the Minister of Agriculture and Environment of Vietnam
prescribing distinction and delegation of power for state management of
environment and climate change fields;
b) The Circular No. 38/2024/TT-BTNMT dated December
25, 2024 of the Minister of Natural Resources and Environment of Vietnam
ceasing effect of clauses 1 and 4 Article 15 of the Circular No.
01/2022/TT-BTNMT;
c) Clause 2 Article 1 of the Circular No.
19/2023/TT-BTNMT dated November 15, 2023 of the Minister of Natural Resources
and Environment of Vietnam providing amendments to and abrogation of certain
Circulars falling under promulgation jurisdiction of the Minister of Natural
Resources and Environment of Vietnam.
Article 5. Implementation
organization
1. Ministers, heads of ministerial agencies, heads
of Governmental agencies, Chairpersons of the People’s Committees at all
levels, and relevant organizations and individuals are responsible for the implementation
of this Circular.
2. Any difficulties that arise during the
implementation of this Circular should be promptly reported to the Ministry of
Agriculture and Environment of Vietnam for consideration./.
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PP. MINISTER
DEPUTY MINISTER
Le Cong Thanh