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THE MINISTRY OF
NATURAL RESOURCES AND ENVIRONMENT OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.:
01/2022/TT-BTNMT
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Hanoi, July 07,
2022
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CIRCULAR
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. 36/2017/ND-CP
dated April 04, 2017 defining functions, tasks, powers and organizational
structure of the Ministry of Natural Resources and Environment;
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;
At the request of the Director of Department of
Climate Change and the Director of Legal Department;
The Minister of Natural Resources and
Environment of Vietnam promulgates a Circular providing guidelines for implementation
of the Law on Environmental Protection regarding response to climate change.
Chapter I
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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, and Point d Clause 4 Article 10, Clause 5 and Clause 6 Article 11,
Point d Clause 5 Article 22 and Clause 4 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.
Article 2. Regulated entities
This Circular applies to regulatory authorities,
organizations and individuals involved in the climate change response;
inventory and mitigation of GHG emissions; activities related to
ozone-depleting substances (ODS) and substances that cause greenhouse effects
controlled under the Montreal Protocol on Substances that Deplete the Ozone
Layer.
Article 3. Definitions
For the purposes of this Circular, these terms
shall be construed as follows:
1. “climate change impact
assessment” means the act of determining positive, negative, short-term and
long-term effects; the vulnerability, risks and loss or damage caused by the
climate change to the natural, economic and social systems at any given time
and place.
2. “hazard" means
the possibility of unusual climate events or phenomena that cause damage to
people, property, material facilities, social – economic activities,
natural resources and environment.
3. “exposure” means the
presence of people, social – economic activities, ecosystems, natural
resources, infrastructure, and cultural structures in places that could be
adversely affected by climate change.
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5. “adaptive capacity” means
the ability of natural systems, social – economic activities, institutions,
policies and human resources to mitigate negative effects and take advantage of
opportunities of effects of climate change.
6. “vulnerability” means
the susceptibility of a natural, economic or social system to the negative
effects of climate change. The components of vulnerability include a
combination of sensitivity and adaptive capacity to negative effects of climate
change.
7. “risk” means the
potential for consequences of hazards caused by climate change to people,
property, material facilities, social – economic activities, natural resources
and environment. Risk is the outcome of a combination of vulnerability,
exposure and hazards caused by climate change.
8. “loss and damage” means
economic and non-economic loss and damage caused by negative effects of climate
change to natural, economic and social systems.
9. “GHG sink” means a
natural or artificial system that is capable of absorbing and storing
greenhouse gases (GHG) from the atmosphere. The main GHG sinks are forests
(through photosynthesis) and ocean (through phytoplankton and ocean
circulation).
10. “global warning
potential – GWP” means the ability of GHG to trap heat in the atmosphere
over a period of time (usually 100 years) compared to carbon dioxide (CO2).
11. “ozone
depletion potential – ODP” means the relative amount of
degradation to the ozone layer that a substance can cause.
Chapter II
ASSESSMENT OF IMPACTS, VULNERABILITY, RISKS, LOSS AND
DAMAGE CAUSED BY CLIMATE CHANGE
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1. Assessment of impacts,
vulnerability, risks, loss and damage caused by climate change (hereinafter
referred to as “climate change impact assessment”) must be carried out in an
objective manner and on scientific basis; adequately and consistently reflect
the information and methods of assessment employed as well as assessment
results.
2. Contents and procedures for
climate change impact assessment set out in this Circular shall be complied.
Article 5. Information and data used for
assessment
1. Updated climate change
scenarios published by the Ministry of Natural Resources and Environment of
Vietnam, including the following maps and spatial and temporal
information/data:
a) Temperature: including mean
annual temperature, mean seasonal temperature, maximum
temperature and minimum temperature;
b) Rainfall: including mean annual rainfall, mean
seasonal rainfall; highest 1-day rainfall, highest 5-day rainfall, and number
of days with rainfall greater than 50 mm;
c) Extreme climate events: including storms and
tropical depression, monsoons, severe and harmful cold, heat waves, droughts
and other extreme climate events.
d) Sea level rise: including sea level rise in
coastal areas and islands, extreme sea level (including storm tide, coastal
tide, and combination of storm surge and tide), and risk of flooding due to sea
level rise;
dd) Other relevant information.
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3. Sectoral and socio-economic
development strategies and plans.
4. Regulations on
technical-economic norms, unit prices, and investment rates promulgated by
competent authorities.
5. Statistical reporting data
and relevant documents.
Article 6. Assessment contents
1. Contents of climate change
impact assessment include:
a) Assessment of impacts of climate change on
natural systems, including soil, water, minerals and
forest resources, biodiversity, marine resources, islands and other resources
and environmental factors;
b) Assessment of impacts of climate change on
economic systems, including production, business and service provision
activities, infrastructure facilities in the fields of agriculture, forestry,
transport, construction and urban development, industry, energy, information
and communication, tourism, commerce and services, and other relevant
activities;
c) Assessment of impacts of climate change on
social systems, including population distribution, housing and living
conditions, medical services, healthcare, culture, education, vulnerable
communities, gender and poverty reduction.
2. Assessment of impacts of
climate change on a specific area or region should base on the assessment
contents specified in Clause 1 of this Article.
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1. Determine assessment scope
a) Spatial scope is a geographic scope of a region
subject to climate change impact assessment;
b) Temporal scope is the period of time over which
the assessment is carried out, including the past and the future. The
assessment period includes a period in the past of at least 5 years before the
assessment date and a period in the future which is determined in conformity
with the objectives of the assessment.
2. Determine subjects of the
assessment, including: subjects of natural, economic and social systems as
prescribed in Clause 1 Article 6 of this Circular.
3. Carry out analysis of climate change scenarios
Based on updated climate change scenarios published
by the Ministry of Natural Resources and Environment of Vietnam, determined
scope and subjects of assessment, the following tasks will be performed:
a) Provide additional and/or detailed information
and data on the scope and subjects of the assessment;
b) Carry out analysis of characteristics
and trends of climate change;
c) Determine and analyze climate factors which are
important to the subjects of assessment;
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4. Carry out analysis of
socio-economic development forecasts
The analysis of sectoral and socio-economic development
strategies and plans, and other relevant documents is carried out for the
purposes of determining:
a) development objectives and orientations in the
future of the assessment region or sector;
b) spatial scope and contents of development plans
in the future related to the subjects of assessment.
5. Select assessment methods
a) The climate change impact assessment may be
carried out using either quantitative or qualitative method. The quantitative
method includes predictive modeling, map overlaying, rapid
assessment and empirical statistics. The qualitative method includes evaluation
matrix, checklist, network method, investigation and interview, professional
solution and participatory assessment;
b) The vulnerability and risks of climate change
shall be assessed adopting investigation and interview, consultation, empirical
statistics, modeling or map overlaying method;
c) Loss and damage caused by climate change shall
be assessed adopting methods for determining economic and non-economic loss and
damage. Economic loss and damage may be determined adopting investigation and
interview, statistics, or cost-benefit analysis method. Non-economic loss and
damage may be determined adopting predictive modeling, analysis of general risk
indicators or participatory assessment method;
d) The selection and application of any of the
assessment methods specified in Points a, b, c of this Clause must be
conformable with the subjects and scope of assessment; the ability to meet
information requirements as well as data availability.
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a) Identify, screen and determine types of climate
change impacts based on assessment subjects, climate change scenarios and
contents to be performed, including positive, negative, short-term and
long-term effects;
b) Investigate, collect and consolidate information
used for determining climate change impacts in the past, including information
on natural, economic and social systems of the assessment subjects specified in
Clause 1 Article 6 of this Circular.
c) Investigate, collect and consolidate information
used for forecasting effects of climate change in the future, including data
and maps of factors included in climate change scenarios; information and maps
showing development plans (including land use maps, population and urban
development plans, and infrastructure development plans), and other relevant
information;
d) Analyze and determine positive, negative,
short-term and long-term effects of climate change on assessment subjects.
7. Assess vulnerability and
risks of climate change
a) Determine hazards to the assessment subjects on
the basis of analysis of negative effects of climate change;
b) Determinate attribute components
of hazards, exposure, sensitivity and adaptive capacity which must be
suitable for the scope and subjects of assessment and ensure the representation
and feasibility.
Attribute components of hazards shall be determined according to climate change
factors (including temperature, rainfall, sea level rise, and extreme climate
events) which may negatively affect the
assessment subject.
Attribute components of exposure shall be
determined according to the level of exposure (positions) of the assessment
subject to negative effects of climate change.
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Attribute components of adaptive capacity shall be
determined according to the relevant organization's ability, technical and financial
capacity, and other factors;
c) Investigate, collect and consolidate relevant
information for determining attribute components of sensitivity,
adaptive capacity, hazards and exposure;
d) Normalize values of the selected attribute
components to 0-1 range. Each attribute component shall be normalized within
the spatial scope and on the basis of positive or negative relationship between
components to be normalized and the vulnerability or risk indicator for
determining and employing appropriate normalization formula;
dd) Determine weighing factor of each attribute
component based on the importance of that attribute component;
e) Determine the vulnerability based on the
sensitivity and adaptive capacity; determine risks based on hazards, exposure
and vulnerability. Detailed guidelines for selection and determination of
attribute components of vulnerability and risks caused by climate change are
provided in Appendix I.1 enclosed herewith;
g) Consolidate and, based on assessment values
normalized to the 0-1 range, classify vulnerability and risks into 05 levels as
follows: very low, low, average, high or very high;
h) Map the vulnerability and risks caused by
climate change to each assessment subject for each type of hazards according to
technical regulations on measurement and mapping.
8. Assess loss and damage
caused by climate change
a) Determine economic and non-economic loss and
damage to natural, economic and social systems following to the rule that loss
and damage must be identifiable, direct and measured in terms of volume and
extent of loss and damage.
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Non-economic loss and damage shall be applied to
natural and social systems. With regard to natural system, attribute components
include land loss due to flooding, landslides, soil salinity, biodiversity
loss, ecosystem decline and others. With regard to social system, attribute
components include damage to people, health, traditional knowledge, cultural
heritage and others;
b) Investigate, collect and consolidate
information/data on loss and damage caused by climate change in the past.
Information/data to be investigated and collected include occurrence time,
volume, level/extent of damage, remedial costs and other relevant information;
c) Investigate, collect and consolidate information/data
on loss and damage caused by climate change in the future for the periods
determined according to assessment objectives. Information/data to be
investigated and collected include estimated volume, level/extent of loss and
damage;
d) Calculate and analyze economic loss and damage
in the past and in the future according to subjects, and loss and damage
components determined.
Value of loss or damage to each attribute component
shall be calculated adopting the following formula:
L = D x C
Where:
L is the value of loss or damage in cash (VND);
D is the volume of loss or damage;
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Values of loss and damage in the past and in the
future should be converted into equivalent values at the assessment time using
an appropriate discount ate. The discount rate shall be selected on the basis
of the real return of a market investment, inflation rate and risk offsetting
rate. Average values of these rates shall be calculated on the basis of data
obtained in the period of at least 05 years before the assessment date;
dd) Analyze economic loss and damage in the past
and in the future according to subjects and loss and damage components through
description and assessment of determined loss and damage types;
e) Consolidate results and determine economic and
non-economic loss and damage to the assessment subject;
g) Detailed guidelines for determination of loss
and damage caused by climate change are provided in Appendix I.2 enclosed
herewith.
9. Prepare reports on climate
change impact assessment.
Article 8. Assessment reports
1. Reports on climate change
impact assessment shall be prepared using the form in Appendix I.3 enclosed
herewith.
2. A report on climate change
impact assessment shall, inter alia, include the following information:
a) Objectives, contents, subject, scope and method
of assessment;
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c) Analysis of climate change scenarios;
d) Analysis of socio-economic development forecasts
and other relevant documents;
dd) Assessment results of affects of climate
change, vulnerability, risks and loss and damage caused by climate change;
e) Proposed climate change adaptation solutions.
2. Agencies or organizations
that carry out the assessment shall publish reports on climate change impact
assessment on their websites.
Chapter III
VERIFICATION OF GHG INVENTORY RESULTS AND GHG
EMISSIONS MITIGATION
Article 9. Verification requirements
1. The verification of
sectoral and internal GHG inventory results and GHG emissions mitigation shall
be carried out in an objective manner and on scientific basis.
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Article 10. Procedures for verification of
sectoral GHG inventory results
1. The sector management
ministry shall establish and organize meeting of the council for verification
of sectoral GHG inventory results. The valuation council is comprised of
representatives of the sector management ministry, the Ministry of Natural
Resources and Environment of Vietnam and relevant ministries, and relevant
specialists.
2. Members of the verification
council shall verify GHG inventory results according to the following primary
contents:
a) Adequacy of GHG inventory contents, information
and data;
b) Conformity of determination of emission sources
and GHG sinks;
c) Conformity of GHG inventory method, applied
emission factor, quality control and quality assurance measures, and the GHG
emissions information/data system of the sector management ministry;
d) Assessment of the accuracy and reliability of
GHG inventory results.
3. Within 05 business days,
the verification council shall ratify and provide the
sector management ministry with the meeting minutes which have the following
primary contents:
a) Assessment of GHG inventory process and results;
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c) Recommendations for revision of GHG inventory
results based on opinions given by the verification
council;
d) Conclusions given by the verification
council.
4. The sector management
ministry shall organize revision of GHG inventory results according to
conclusions given by the verification council for use as
the basis for preparing consolidated reports of the sector management ministry
which shall be then used for serving national GHG inventory.
Article 11. Procedures for verification of
sectoral GHG emission mitigation
1. The sector management
ministry shall establish and organize meeting of the council for verification
of sectoral GHG emission mitigation. The valuation council is comprised of
representatives of the sector management ministry, the Ministry of Natural
Resources and Environment of Vietnam and relevant ministries, and relevant
specialists.
2. Members of the verification
council shall verify the GHG emission mitigation report according to the
following primary contents:
a) Conformity of sectoral GHG emission mitigation
policies and measures with sectoral development strategies and plans;
b) Reliability and adequacy of GHG inventory
information/data and BAU (Business-As-Usual) scenario in the planning period;
c) Conformity of measures for determining decreases
in GHG emissions of GHG emission mitigation policies and measures;
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dd) Possibility for double counting of GHG emission
mitigation results.
3. Within 05 business days,
the verification council shall ratify and provide the
sector management ministry with the meeting minutes which have the following
primary contents:
a) Assessment of GHG emission mitigation process
and results;
b) Shortcomings and restrictions of GHG emission
mitigation report;
c) Recommendations for revision of GHG emission
mitigation report based on opinions given by the verification
council;
d) Conclusions given by the verification
council.
4. The sector management
ministry shall prepare the report on evaluation of sectoral GHG emission
mitigation using the form in Appendix II.1 enclosed herewith, and submit it
together with the report on sectoral GHG emission mitigation which has been
completed according to conclusions given by the verification council
to the Ministry of Natural Resources and Environment of Vietnam.
5. The sector management
ministry shall manage and retain all documents and reports on evaluation of
sectoral GHG emission mitigation.
Article 12. Procedures for verification of
internal GHG inventory results
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2. The verification agency
shall verify the internal GHG inventory results according to the following
primary contents:
a) Adequacy of contents, information and data of
the report on internal GHG inventory;
b) Conformity of determination of emission sources
and GHG sinks in the report on internal GHG inventory;
c) Conformity of GHG inventory method, applied
emission factor, quality control and quality assurance measures, and the GHG
emissions information/data system of the verified establishment;
d) Accuracy of internal GHG inventory results.
3. Within 20 business days,
the verification agency shall give a notice of
verification results, including required revisions (if any) to the report on
internal GHG inventory. In case revisions are required, the verified
establishment shall complete its report on internal GHG inventory according to
the notice of verification results.
4. The verified establishment
shall send its completed report on internal GHG inventory to the verification
agency and the Ministry of Natural Resources and Environment of Vietnam.
5. During verification, the
verification agency is entitled to:
a) invite organizations and/or individuals with
appropriate professional qualifications, capacity and experience to participate
in the verification process;
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c) request to carry out verification visit and take
representative samples at the establishment (if deemed necessary).
6. The verification agency
shall manage and retain verification documents and send the report on internal
GHG inventory which has been completed by the establishment to the sector
management ministry for updating the online database GHG inventory in their
managing sector.
Article 13. Procedures for verification of
internal GHG emission mitigation
1. The verification agency shall
organize verification of GHG emission mitigation when receiving the report on
GHG emission mitigation from the establishment.
2. The verification agency
shall verify the internal GHG emission mitigation report according to the
following primary contents:
a) Reliability and adequacy of information/data
included in the report;
b) Conformity of GHG emission mitigation measures,
measures for determining decreases in GHG emissions, and the establishment’s
information and data system described in the report;
c) GHG emission mitigation results according to the
establishment’s plan for GHG emission mitigation and GHG emission quota
allocated to the establishment.
3. The verification agency
shall prepare the report on verification of GHG emission mitigation using the
form in Appendix II.2 enclosed herewith, and send it to the verified
establishment.
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Article 14. Procedures for verification of
consolidated report on GHG emission mitigation
1. The Ministry of Natural
Resources and Environment shall establish a council in charge of verifying the
consolidated report on GHG emission mitigation. The verification council is
comprised of at least 09 members, including the council’s chairperson, the
council's deputy chairperson, secretary, 02 review members and at least 04
other members. Members of the verification council include representatives of
relevant regulatory authorities affiliated to the Ministry of Industry and
Trade, the Ministry of Transport, the Ministry of Agriculture and Rural
Development, the Ministry of Natural Resources and Environment, the Ministry of
Construction, and other specialists with appropriate professional
qualifications.
2. Members of the verification
council shall examine the consolidated report on GHG emission mitigation and
give their opinions about the following primary contents:
a) Adequacy of contents, information and data of
the consolidated report on GHG emission mitigation;
b) Conformity of GHG emission mitigation policies
and measures in sectors with the national development strategies and plans;
c) Conformity of measures for determining decreases
in GHG emissions of GHG emission mitigation policies and measures;
d) GHG emission mitigation results which must be
compared with the national BAU scenario in the planning period;
dd) Possibility for double counting of GHG emission
mitigation results.
3. Within 10 business days
from the date of the verification meeting, the verification council shall
consider ratify and provide the Ministry of Natural Resources and Environment
with the meeting minutes which shall, inter alia, include the following primary
contents:
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b) Shortcomings and restrictions of the
consolidated report on GHG emission mitigation;
c) Recommendations for revision of the consolidated
report on GHG emission mitigation based on opinions given by members of the
verification council;
d) Conclusions given by the verification council.
4. The Ministry of Natural
Resources and Environment of Vietnam shall organize completion of the
consolidated report on GHG emission mitigation according to conclusions given
by the verification council.
5. The verification council
shall convene a meeting if it is attended (directly or online) by at least two
thirds of its members which include its chairperson or deputy chairperson,
secretary and at least a review member.
6. The council’s chairperson
shall:
a) directly chair or authorize the council's deputy
chairperson to chair the meeting;
b) respond to opinions stated at the meeting, reach
conclusions and assume responsibility for such conclusions;
c) sign the meeting minutes and assume
responsibility for the accuracy and truthfulness of contents of the meeting
minutes.
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LIST, GUIDELINES ON USE, COLLECTION, TRANSPORT,
RECYCLING, REUSE AND TREATMENT OF CONTROLLED SUBSTANCES
Article 15. List of controlled substances
1. The list of controlled
substances which are banned from production, import and consumption as
prescribed in Point d Clause 5 Article 22 of the Decree No. 06/2022/ND-CP is
provided in Appendix III.1 enclosed herewith.
2. The list of controlled
ozone-depleting substances as prescribed in Point b Clause 3 Article 92 of the
Law on Environmental Protection is provided in Appendix III.2 enclosed
herewith.
3. The list of substances that
cause greenhouse effects controlled as prescribed in Point b Clause 3 Article
92 of the Law on Environmental Protection is provided in Appendix III.3
enclosed herewith.
4. The list of products,
equipment or goods containing or made of controlled substances as prescribed in
Point b Clause 3 Article 92 of the Law on Environmental Protection is provided
in Appendix III.4 enclosed herewith.
Article 16. Guidelines on use of controlled
substances
1. Any producers, importers,
exporters and users of controlled substances are required to strictly implement
the following management methods:
a) Registration of use of controlled substances;
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c) Production/import quotas.
Detailed information on management measures and
validity period for each of the controlled substances are provided in Appendix
III enclosed herewith.
2. Importers/exporters of
products, equipment or goods containing or made of controlled substances shall
clearly provide information on controlled substances when following customs
procedures.
3. Importers/exporters of
controlled substances bearing the same HS code shall clearly provide
information on each of such controlled substances when following customs
procedures.
Article 17. Collection, transport, recycling,
reuse and treatment of controlled substances
1. Any users of controlled
substances or equipment or products containing controlled substances prescribed
in Clause 6 Article 92 of the Law on Environmental Protection include:
a) Producers of controlled substances as prescribed in Point a Clause 1 Article 24 of the Decree No.
06/2022/ND-CP;
b) Producers or importers of equipment or products
containing or made of controlled substances as prescribed in Point c Clause 1
Article 24 of the Decree No. 06/2022/ND-CP;
c) Owners of equipment containing controlled
substances, including: air conditioners with a nominal cooling capacity greater
than 26.5 kW (90,000 BTU/h) and with a total nominal cooling capacity greater
than 586 kW (2,000,000 BTU/h), and industrial refrigeration equipment with
electric power greater than 40 kW as prescribed in Point d Clause 1 Article 24
of the Decree No. 06/2022/ND-CP;
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2. The entities prescribed in
Clause 1 of this Article are required to strictly comply with regulations on
collection, transport, storage, recycling, reuse and treatment of controlled
substances laid down in 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 vocational secondary
qualification or higher in one of the following majors:
a) Thermal engineering technology;
b) Electronics and building energy engineering;
c) Mechanical engineering, heating and air
conditioning;
d) Refrigeration equipment installation;
dd) Maintenance and repair of thermal equipment;
e) Refrigeration machine and air conditioning
engineering;
g) Refrigeration equipment operation and repair;
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Article 18. Treatment of controlled substances
1. Controlled substances which
have been collected but cannot be recycled o reused must be properly treated to
avoid being released into the environment.
2. The treatment of controlled
substances shall comply with regulations of law on hazardous waste management.
Chapter V
IMPLEMENTATION
Article 19. Transition
The results of climate change impact assessment
carried out before the effective date of this Circular shall be considered and
verified in accordance with the provisions of the Circular No.
08/2016/TT-BTNMT dated May 16, 2016 of the Minister of Natural Resources and
Environment of Vietnam.
Article 20. Effect
1. This Circular comes into
force from January 07, 2022.
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Article 21. Implementation organization
1. Ministries, ministerial
agencies, Governmental agencies, provincial People’s Committees, and relevant
organizations and individuals are responsible for the implementation of this
Circular.
2. Difficulties that arise
during the implementation of this Circular should be promptly reported to the
Ministry of Natural Resources and Environment of Vietnam for consideration./.
PP. MINISTER
DEPUTY MINISTER
Le Cong Thanh