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THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 12/2010/TT-BTNMT
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Hanoi, July 26, 2010
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CIRCULAR
PRESCRIBING THE FORMULATION AND GRANT OF LETTER OF
ENDORSEMENT AND LETTER OF APPROVAL FOR PROJECTS UNDER THE CLEAN DEVELOPMENT
MECHANISM WITHIN THE FRAMEWORK OF KYOTO PROTOCOL
THE MINISTER OF NATURAL RESOURCES
AND ENVIRONMENT
Pursuant to the Government's Decree No. 25/ 2008/ND-CP of March 4, 2008,
defining the functions, tasks, powers and organizational structure of the
Ministry of Natural Resources and Environment;
Pursuant to the Prime Minister's Decision No. 130/2007/QD-TTg of August 2,
2007, on a number of financial mechanisms and policies applicable to investment
projects under clean the development mechanism;
At the proposals of the director of the Hydrometeorology and Climate Change
Department and the director of the Legal Department,
STIPULATES:
Article 1. General provisions
1.
This Circular provides for preparation, order and procedures to consider,
certify and approve investment project documents under clean development
mechanism within the framework of Kyoto Protocol in Vietnam.
2.
This Circular applies to domestic or foreign organizations and individuals
investing in formulation and implementation of investment projects under the
clean development mechanism in Vietnam (below referred to as clean development
mechanism project developers).
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Article 2. Acronyms
1.
Clean development mechanism (CDM);
2.
Investment project under CDM (CDM project);
3.
CDM project idea note (PIN);
4.
Design document (DD);
5.
CDM project design document (PDD);
6.
CDM program of activities (PoA);
7.
CDM program activity (CPA);
8.
CDM program of activities design document (PoA-DD);
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10.
The Steering Board for implementation of the United Nations Framework
Convention on Climate Change and Kyoto Protocol (the Steering Board);
11.
The Hydrometeorology and Climate Change Department under the Ministry of
Natural Resources and Environment (the Hydrometeorology and Climate Change
Department).
Article 3. Construction and investment domains of CDM projects
A
CDM project may be constructed and invested in following domains:
1.
Energy production;
2.
Energy transmission;
3.
Energy consumption;
4.
Agriculture;
5.
Waste treatment;
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7.
Chemical industry;
8.
Manufacturing industry;
9.
Construction;
10.
Transport:
11.
Mining;
12.
Metal production;
13.
Emissions from fuels (solid fuel, oil and gas);
14.
Emissions from production and consumption of Halocarbons and Sulphur hexafluoride;
15.
Use of solvents;
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Article 4. Preparation for CDM projects
1.
CDM project developers shall formulate CDM project documents on the basis of
investor's requirements by either of the following methods:
a)
Formulate PIN. submit it to a competent authority for grant of letter of
endorsement, and then continue to formulate PDD or PoA-DD together with general
CPA-DD and practical CPA-DD:
b)
Formulate PDD or PoA-DD together with general CPA-DD and practical CPA-DD, then
submit them to a competent authority for grant of letter of approval.
2.
CDM project developers may choose by themselves or through counselor staff
suitable investment forms, technology and mode of sharing benefits from CDM
projects.
3.
Upon formulating PDD or PoA-DD together with general CPA-DD and practical
CPA-DD. CDM project developers shall, in coordination with foreign investors
and designated professional organizations, assess projects before submitting
them to the International Executive Board on CDM for registration under
regulations.
4.
Within 6 months after commencing the project, CDM project developers shall send
a written report on the starting date or development plan of the CDM project to
the Hydrometeorology and Climate Change Department (made according to a set
form, not printed herein),
5.
At least 6 months before submitting the CDM project document, CDM project
developers shall send a written notice of CDM project implementation plan in
Vietnam to the Hydrometeorology and Climate Change Department.
Article 5. Dossiers of application for PIN letter of endorsement
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2.
Documents of CDM project developers submitted to be considered for grant of PIN
letter of endorsement (made according to a set form, not printed herein).
Article 6. Order, procedures, time limit for grant and validity of PIN
letter of endorsement
1.
Within 3 working days after receiving a valid PIN, the Hydrometeorology and
Climate Change Department shall collect comments and assessments of the
Steering Board's members before submitting them to the Minister of Natural
Resources and Environment for consideration and decision on grant of PIN letter
of endorsement.
2.
Within 6 working days, the Steering Board's members shall give their comments
and assessments in writing.
3.
Time limit for notification of comments and assessments of the Steering Board
on grant of PIN letter of endorsement:
a/
In case two-thirds of the Steering Board's members reach agreement, within 3
working days. the Hydrometeorology and Climate Change Department shall
summarize comments and assessments, then submit them to the Minister of Natural
Resources and Environment for grant of PIN letter of endorsement for project
developers.
b/
When necessary to modify PIN or two-thirds of the Steering Board's members
cannot reach an agreement, during 2 working days, the Hydrometeorology and
Climate Change Department shall inform project developers of PIN's state (time
for project developers' to modify PIN is not counted in the total time for
considering and granting PIN letter of endorsement).
4.
Within 3 working days, the Minister of Natural Resources and Environment shall
consider and decide to grant PIN letter of endorsement.
5.
The total time for considering and granting PIN letter of endorsement specified
in this Article is 15 working days.
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Article 7. Dossiers of application for PDD or PoA-DD letter of approval
1.
18 (eighteen) Vietnamese PDD or PoA-DD and 18 (eighteen) English PDD or PoA-DD (made
according to a set form, not primed herein).
2.
Documents of CDM project developers submitted for consideration and grant of
PDD or PoA-DD letter of approval (made according to a set form, nor printed
herein).
3.
Written request for consideration and approval of CDM project document of the
People's Committee of the province or centrally-run city where the project is
invested (made according to a set form, not printed herein).
4.
Written consents of ministries and ministerial-level agencies with the function
of state management of fields of CDM project operations in case CDM projects
establish state coordination bodies.
5.
Certified copies of appraisal documents of stakeholders who are directly
affected by project activities (made according to a set form, not printed
herein).
6.
Certified copies or certification of competent authorities deciding to approve
environmental impact assessment reports or written certification of the
environmental protection commitment, depending on the size and type of project
under current relevant regulations.
7.
Certified copies or certification of competent authorities of pre-feasibility
study reports of large-sized CDM projects.
8.
Written on-principle consent of the Electricity of Vietnam (EVN) on connection
to the national power grid, for electricity generation projects hooked up to
the national power grid.
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10.
Technical report or draft report on PDD or PoA-DD appraisal of a professional organization
designated by the International Executive Board on CDM (if any).
Article 8. Order, procedures and time limit for consideration and grant,
and validity of PDD or PoA-DD letter of approval
1.
Within 5 working days after receiving a valid PDD or PoA-DD dossier, the
Hydrometeorology and Climate Change Department shall collect comments and
assessments of the Steering Board's members.
2.
Within 16 working days, the Steering Board's members shall give written
comments and assessments (made according to a set form, not printed herein).
3.
Within 3 working days, the Hydrometeorology and Climate Change Department shall
summarize comments and assessments of the Steering Board's members and send
them to CDM project developers, explaining in detail relevant contents (the
time for CDM project developers to make written detailed explanations is not
counted in the total time for considering PDD or PoA-DD letter of approval).
4.
Within 9 working days after receiving detailed explanations of project
developers, the Steering Board shall organize a meeting with the participation
of CDM project developers to explain relevant contents and a polling of PDD or
PoA-DD.
5.
Time limit for notification of comments and assessments of the Steering Board
on grant of PDD or PoA-DD letter of approval:
a/
In case two-thirds or more of the Steering Board's members reach agreement,
within 6 working days, the Hydrometeorology and Climate Change Department shall
propose the Minister of Natural Resources and Environment to consider and
decide to grant PDD or PoA-DD letter of approval.
b/
In case modification is required, within 2 working days, the Hydrometeorology
and Climate Change Department shall request project developers to modify
relevant contents (the time limit for modification is not counted in the total
time limit for consideration and grant of PDD or PoA-DD letter of approval).
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7.
The total time limit for considering and granting PDD or PoA-DD letter of
approval specified in this Article is 45 working days.
8.
PDD or PoA-DD letter of approval shall be sent to CDM project developers and
designated international professional agency and notified to Vietnam's
concerned agencies.
9.
PDD or PoA-DD letter of approval is valid for 24 months from the date of grant.
Article 9. Effect
This
Circular takes effect on September 10, 2010, and supersedes the Minister of
Natural Resources and Environment's Circular No. 10/ 2006/TT-BTNMT of December
12, 2006, guiding the formulation of projects under the clean development
mechanism within the framework of Kyoto Protocol.
Article 10. Organization of implementation
1.
The Hydrometeorology and Climate Change Department shall receive dossiers, and
monitor, guide and inspect concerned organizations and individuals in the
course of considering, registering, certifying and approving CDM project
documents under this Circular.
2.
Provincial-level Natural Resources and Environment Departments shall assist
People's Committees at all levels and concerned organizations and individuals
in the course of formulating and implementing CDM projects under this Circular
and relevant regulations.
3.
Ministers, heads of ministerial-level agencies, chairpersons of
provincial-level People's Committees and concerned organizations and
individuals shall implement this Circular.
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FOR THE MINISTER OF NATURAL RESOURCES AND
ENVIRONMENT
DEPUTY MINISTER
Nguyen Van Duc