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MINISTRY
OF INDUSTRY
& TRADE
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SOCIALIST REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No.:
39/2011/TT-BCT
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Hanoi, October 28, 2011
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CIRCULAR
PROVIDING
FOR TRAINING, GRANT OF CERTIFICATES OF ENERGY MANAGEMENT AND ENERGY AUDITORS
Pursuant to the Decree
No.189/2007/ND-CP of December 27, 2007 of the Government regulating functions,
duties, powers and organizational structure of the Ministry of Industry and
Trade;
Pursuant to the Decree
No.44/2011/ND-CP of the Government dated June 14, 2011 amending and
supplementing Article 3 of the Decree No.189/2007/ND-CP of December 27, 2007 of
the Government regulating functions, duties, powers and organizational
structure of the Ministry of Industry and Trade;
Pursuant to the Law on
Economic and Efficient Use of Energy;
Pursuant to the Decree
No.21/2011/ND-CP dated March 29, 2011 of the Government regulating in details
and measures of implementation of the Law on Economic and Efficient Use of
Energy;
Minister of Industry and
Trade regulates on training and grant of certificates of energy management and
energy auditors as follows,
Chapter I
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Article 1. Scope of governing
This Circular provides for
training in energy management, energy auditors; authorization to issue,
recognize certificates of energy management; issue, recognition and revocation
of certificates of energy auditors.
Article 2. Subjects of
application
This Circular applies to
organizations and individuals involved in activities of training, grant, and
recognition of certificates for energy management; training, grant,
recognition, revocation of certificates of energy auditors.
Article 3. Interpretation of
terms
1. Certificate of energy
management: means a certificate issued by the Ministry of Industry and
Trade to person who achieved result in examination for granting certificate of
energy management.
2. Certificate of energy
auditor: means a practicing certificate issued by the Ministry of Industry
and Trade to person who achieved result in examination for granting certificate
of energy auditor.
Chapter II
TRAINING FACILITIES OF ENERGY MANAGEMENT, ENERGY
AUDITORS
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Training facility of energy
management, energy auditors is an organization established under the provisions
of the law and meeting the following conditions:
1. On the material facilities
a) Having classrooms with areas,
lighting conditions, ventilation in accordance with Vietnam standards; with
minimum teaching facilities including computers, projectors, screens, boards
and other necessary equipment;
b) Having practice facility of
thermal systems, pumping systems, fan systems, compressed air, and lighting
systems;
c) Having adequate facilities
for energy audit.
2. On the lecturers
a) There must be enough number
of lecturers to meet the training scale, including there are at least two
lecturers of the permanent staff of the training facility;
b) Lecturers must have
qualifications from degree of university or higher in engineering related to
energy, energy audits, to meet the requirements of the training program.
3. Having a training management
apparatus meeting requirements for professional expertise for training.
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Training facility meeting the
conditions specified in Article 4 of this Circular, makes dossier to send to
General Directorate of Energy. Registration dossier comprises:
1. The application for recognition
as the training facility of energy management and energy auditors should be
shown the information related to training facility such as the legal
representative, contact address, phone number, email, and website. Application
form is prescribed in Appendix 1 of this Circular.
2. A copy of business
registration certificate or establishment decision of the training facility.
3. An explanation of the
material facilities, lecturers as prescribed in Article 4 of this Circular.
Article 6. Appraisal and recognition
of training facility
1. Within 5 working days from
the date of receipt of registration dossier of training facility, the General
Directorate of Energy shall consider the validity of the dossier. If the
dossier is invalid, the General Directorate of Energy shall issue written reply
to request the training facility to supplement documents.
2. Within 30 working days from
the date of receipt of a valid registration dossier, the General Directorate of
Energy shall evaluate and examine the actual capacity of the training facility
with the contents specified in Article 4 of this Circular and submit to the
Minister of Industry and Trade for decision to recognize that the training is
qualified for training of energy management, energy auditors. Decision form is
specified in Appendix 2 of this Circular.
Chapter III
ORGANIZATION OF TRAINING AND GRANT OF CERTIFICATES OF
ENERGY MANAGEMENT, ENERGY AUDITORS
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1. Participants in enrollment of
training course for energy management must meet the conditions specified in
clause 1 of Article 35 of the Law on Economic and Efficient Use of Energy.
2. The participates in
enrollment for training course of energy auditors must be graduated from
university or higher on the energy sector or related engineering sector and
have 3 years of experience working in the energy sector.
Article 8. Organization of
training
1. Training facility widely
notifies enrollment on the mass media and posts at the training facility.
Enrollment notice content shall include:
a) Purpose, requirements of the
training course;
b) The program content, time,
location, cost and other necessary information of the training course.
2. Training facility shall
self-execute enrollment and send documents to the General Directorate of Energy
seven (07) working days prior to the opening date, information on the purpose,
location, time, number of students, lecturers who participate in the training
course. In case of change of plan, training facility must promptly notify the
General Directorate of Energy.
3. Training facility conducts
training in accordance with program content specified by the Ministry of
Industry and Trade and grants the certificate of completion of the training
course in energy management, energy auditors to students in accordance with
provisions.
4. Training facility is entitled
to collect students' tuition fees as prescribed by law to ensure the principle
of collection offsetting expenditure.
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Article 9. Conditions for
participating in the exams for being granted certificates
1. Students who have the certificates
of completion of the training course in energy management, energy auditors and
paid fees as prescribed.
2. Subjects eligible for
participating in the exams for being granted certificates not required to
participate in the training course include:
a) People who graduated from
university degree or higher in sector of energy management, energy audit;
b) People who have the
certificates of completion of the training course in energy management, energy
auditors granted by international organizations that are recognized,
acknowledged in Vietnam.
Article 10. Issuance of
certificates and accreditation, recognition of certificates
1. People who achieved results
of the examinations held by the Ministry of Industry and Trade are granted
certificates with values across the country. Form of energy management
certificate, certificate of energy auditor is defined in Appendix 3, Appendix 4
issued together with this Circular.
2. People who have certificates
of energy managers, energy auditors issued by the competent institutions of
foreign countries or international organizations that have mutual recognition
agreements shall be recognized, acknowledged in Vietnam in accordance with law
provisions.
Article 11. Change, re-grant
of certificates of energy management and certificates of energy auditors
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2. Dossier of application for
change, re-grant of certificate includes:
a) An application for changing,
re-granting certificate (stating clearly reasons for the change, re-grant);
b) 02 photos of 3x4 size.
3. Within 10 working days after
receipt of application for changing, re-granting certificate for energy
management, certificate of energy auditor, the General Directorate of Energy
shall consider the validity and submit to the Minister of Industry and Trade
for changing, re-granting certificate for energy management, certificate of
energy auditor to the applicant for change, re-grant.
4. The applicant for change,
re-grant shall pay fees as prescribed by law.
Article 12. Revocation of
certificates of energy auditors
Persons who are granted
certificates of energy auditors use improper purpose will be sanctioned,
revoked certificates of energy auditors under Article 12 of the Decree
No.73/2011/ND-CP dated August 24, 2011 of the Government sanctioning
administrative violation on economic and efficient use of energy.
Article 13. Archive of
records
1. Training facility of energy
management, energy auditor is responsible for recordkeeping the training
courses in accordance with the law provisions on archives. The archived record
includes:
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b) List of lecturers
participated in teaching for each course;
c) Book managing the grant of
certificates for energy management training, certificates of training to
improve professional skill.
2. General Directorate of Energy
is responsible for recordkeeping in accordance with the law provisions on
archives. The archived record includes:
a) Lists of participants in the
exams for certificates, the results of the examinations;
b) List of those who were
granted certificates;
c) Records and lists of
applicants for changing, re-granting certificates.
Chapter IV
ORGANIZATION OF IMPLEMENTATION
Article 14. Effect
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Article 15. Organization of
implementation
1. General Directorate of Energy
shall preside over to inspect and supervise the training process of the
training facility of energy management, energy auditors.
2. Concerned organizations and
individuals shall implement this Circular and submit comments and
recommendations to the General Directorate of Energy for arising advice,
solving difficulties and problems.
FOR
MINISTER
DEPUTY MINISTER
Hoang Quoc Vuong