Decree No. 06/2022/ND-CP on Mitigation of GHG Emissions and Protection of Ozone Layer

MINISTRY OF AGRICULTURE AND ENVIRONMENT OF VIETNAM ------- SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom – Happiness --------------- No. 10/VBHN-BNNMT Hanoi, June 12, 2025 DECREE ON REDUCTION OF GREEN HOUSE GAS (GHG) EMISSIONS AND PROTECTION OF OZONE LAYER Decree No. 06/2022/ND-CP dated January 07, 2022 of the Government on GHG emission mitigation and ozone layer protection, which comes into force from January 07, 2022, is amended by: Decree No. 119/2025/ND-CP dated June 09, 2025 of the Government on amendments to certain articles of Decree No. 06/2022/ND-CP dated January 07, 2022 of the Government on GHG emission mitigation and ozone layer protection, which comes into force from August 01, 2025. Pursuant to the Law on Government Organization dated June 19, 2015 and the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019; Pursuant to the Law on Environmental Protection dated November 17, 2020; At the request of the Minister of Natural Resources and Environment; The Government hereby promulgates a Decree on reduction of GHG emissions and protection of ozone layer.[1] Chapter I GENERAL PROVISIONS Article 1. Governing scope This Decree elaborates some Articles of the Law on Environmental Protection, including Article 91 on reduction of GHG emissions, Article 92 on protection of ozone layer, Article 139 on organization and development carbon market. Article 2. Regulated entities[2] This Decree applies to organizations and individuals related to the GHG emission and the GHG emission and absorption mitigation; organization and development of carbon markets, implementation of domestic and international carbon credit exchanging and offsetting mechanism; production, import, export, consumption and settlement of ozone- depleting substances (ODS), greenhouse gases controlled under the Montreal Protocol on substances that deplete the ozone layer. Article 3. Definitions 1. “Intergovernmental Panel on Climate Change (IPCC)" is an agency of the United Nations responsible for providing information and scientific grounds on climate variability and change caused by human, effects of climate variability and change on the nature, politics, economy and response measures to climate variability and change. 2. “ozone-depleting substances (ODS) and greenhouse gases controlled within the Montreal Protocol on substances that deplete the ozone layer (hereinafter referred to as "controlled substances”)” means elements or chemical compound specified in Appendices A, B, C, E and F of Montreal Protocol. 3. “industrial processes” means industrial activities that cause GHG emissions from non- energy consuming chemical and physical processes; means one of the fields that a GHG inventory must be developed according to the provisions of the UNFCCC. 4. “United Nations Framework Convention on climate change (UNFCCC)” means an international environmental treaty with the aims of mitigation of anthropogenic impacts on the global climate system, including stabilizing atmospheric GHG concentrations. 5. “carbon credit exchanging and offsetting mechanism” means mechanisms of registration and development of programs and projects on mitigation of GHG emissions and generation of carbon credits by methods certified by Vietnam or international countries. The carbon credits from these programs and projects are exchanged on the carbon markets or offset against GHG emissions exceeding GHG emission quotas allocated. 5a[3]. The Article 6.2 mechanism of the Paris Agreement is the carbon credit exchanging and offsetting mechanism stipulated in clause 2 of Article 6 of the Paris Agreement under the United Nations Framework Convention on Climate Change (UNFCCC). The Article 6.2 mechanism of the Paris Agreement allows countries to engage in bilateral exchanges of carbon credits, which are the results of GHG emission mitigation, to be used for the purpose of achieving greenhouse gas emission mitigation targets as set forth in their Nationally Determined Contributions (NDCs). 5b[4]. The Article 6.4 Mechanism of the Paris Agreement is the carbon credit exchanging and offsetting mechanism stipulated in clause 4 of Article 6 of the Paris Agreement under the UNFCCC. The Article 6.4 Mechanism of the Paris Agreement allows organizations in countries participating as members of the Paris Agreement to register programs and projects according to methods recognized by the UNFCCC and to issue carbon credits for such programs and projects after they have been verified. 6. "nationally determined contributions (NDC)” means a country's commitment to respond to climate, including goals of adaption and mitigation of GHG emissions and policies and measures of responding to climate change in order to reach the goals of Paris Agreement. 7. “System for Measurement, Reporting and Verification (MRV) of mitigation of GHG emissions” (hereinafter referred to as "MRV system") means a system for collection, disposal, management, retention, supplement and examination of information and verification of results of mitigation of GHG emissions in order to ensure transparency, accuracy and verifiability. a) “Measurement” means determination of reduced GHG emissions of GHG emission mitigation measures according to measures certified by competent authorities; b) “reporting” means calculation, compilation and submission of GHG emission mitigation rate measurement results and other relevant information according to the guidance, processes and schedules promulgated by competent authorities; c) “verification” means assessment of GHG emission mitigation rate measurement result reports and other relevant information according to the methods issued by competent authorities. 8. “Business as usual (BAU) scenario” means theories on the basis of science about GHG emission rates in the usual economic-social development conditions in the future when GHG emission mitigation measures are yet to be carried out. 9. “GHG emission inventory development” means collection of information and figures about GHG emission resources, calculation of GHG emissions and absorption in a definite area and specific year according to the methods and processes issued by competent authorities. 10. “Montreal Protocol on ODS" means an international treaty on ozone layer protection by phasing out production and consumption of ODS and GHGs which impact negatively human health and environment. 11. “Nominal cooling capacity” means cooling capacity of refrigerating appliances or air conditioners under standard conditions which is stated on the manufacturer's labels. 12[5]. “Carbon trade exchange (CTX)” means a centralized system of exchanges and transactions of purchases and sales of GHG emission allowances and carbon credits. 13. “Recycling of controlled substances” means the technological process for recovering components from controlled substances for use according to the characteristics of the original substance. 14. “Reuse of controlled substances” means the reuse of controlled substances after being cleaned without changing their properties. 15. “Tonne of CO2 equivalent” means the mass of GHG converted into tonnes of CO2 according to the global warming potential (GWP) of those GHG. The GWP of those GHGs are specified by IPCC. 16. “Paris Agreement” means an international treaty within the UNFCCC, which will come into force from 2021, stipulating the responsibilities of member states for adaptation and mitigation of GHG emissions through Nationally Determined Contributions. 17. “collection of controlled substances” means sucking controlled substances out of a system and storing them in an external container. 18[6]. “exchange of GHG emission allowances and carbon credits” means buying and selling of GHG emission allowances and carbon credits on the CTX. 19. “processing of controlled substances” means the process of destruction of controlled substances by technological and technological solutions to prevent negative impacts on human health and environment. 20[7]. “Sustainable cooling” refers to the implementation of climate-friendly cooling solutions to reduce GHG emissions, use energy efficiently and economically, and aim to use controlled substances with low or zero global warming potential (GWP) in buildings and urban areas. 21[8]. “National Registration System for GHG emission allowances and carbon credits” (hereinafter referred to as the “National Registration System”) means a system that integrates various elements including information technology infrastructure, software, and data, is developed to manage, operate, update, and exploit information on the ownership of GHG emission allowances and carbon credits; as well as to process activities related to borrowing, return, transfer, and offsetting of GHG emission allowances. 22[9]. “Carbon credit generation method applied to the domestic carbon credit exchanging and offsetting mechanism” means a method for calculating reductions in GHG emissions or absorptions of a project compared to the GHG emissions or absorptions in the absence of the project. Article 4. Regulations on reduction of GHG emissions and protection of ozone layer 1. Mitigation of GHG emissions and protection of ozone layer shall be eligible for economic-social conditions, applicable laws and regulations and international treaties related to the purpose of developing a low-carbon economy and green growth associated with sustainable development. 2. Management of GHG emission mitigation activities must comply with the principles of responsibility, uniformity, fairness and transparency; GHG emission mitigation goals shall be adjusted by the Prime Minister according to national development priorities and international treaties to which the Socialist Republic of Vietnam is a signatory. 3. GHG emission quota exchange activities and carbon credits must ensure transparency and harmonious interests of participants in the carbon market. Organizations and individuals who participate in the carbon market on the basis of voluntary. 4. Regulations on import and export of controlled ODSs and GHGs shall only be applied to member countries of the Montreal Protocol according to time schedules prescribed in the Protocol. Chapter II MITIGATION OF GHG EMISSIONS, ORGANIZATION AND DEVELOPMENT OF CARBON MARKET Section 1. MITIGATION OF GHG EMISSIONS Article 5. Eligible entities of GHG emissions mitigation 1. Establishments on the list of industries and facilities emitting GHG must make an inventory of GHG promulgated by the Prime Minister. 2. The ministries that manage the sectors of energy, agriculture, land and forestry use, waste management, and industrial processes are the Ministry of Industry and Trade, Ministry of Agriculture and Environment[10], Ministry of Construction[11]. 3. Organizations and individuals other than those prescribed in Clause 1 of this Article are encouraged to carry out mitigation of GHG emissions in a manner that is suitable for their conditions and activities. Article 6. Development and update on lists of industries and facilities subject to GHG inventory development 1. GHG-emitting facilities that must carry out GHG inventory development are facilities with annual GHG emissions of 3.000 tonnes of CO2 equivalent or more or in one of the following cases: Thermal power plants, industrial production facilities with total annual energy consumption of 1.000 tonnes of oil equivalent (TOE) or more; b) Cargo transport companies with total annual fuel consumption of 1.000 TOE or more; c) Commercial buildings with total energy consumption of 1.000 TOE or more; d) Solid waste handling facilities with annual operating capacity of 65.000 tonnes or more. 2. The Ministry of Agriculture and Environment[12] shall take charge and cooperate with the ministries specified in Clause 2 Article 5 of this Decree and the provincial People's Committees in reviewing, compiling a list of industries and facilities subject to GHG inventory and submitting to the Prime Minister for promulgation; submitting to the Prime Minister every 2 years for decision to update the list of industries and facilities subject to GHG inventory development. 3. The provincial People’s Committee shall direct relevant affiliated professional authorities to perform the following tasks every 2 years: a) Review figures of energy consumption, capacity and area of facilities on the list sectors and facilities subject to GHG emissions inventory in the year before the year of reviewing; b) Update and adjust the list of facilities subject to GHG emission inventory development in their provinces according to the regulations prescribed in Clause 1 of this Article and submit it to the Ministry of Agriculture and Environment[13] and relevant ministries before June 30, from 2023. Article 7. Goals, roadmap and approaches to GHG emission mitigation 1[14].GHG emission mitigation targets approved by the Prime Minister in NDC include the GHG emission mitigation targets for sectors of energy, agriculture, land use and forestry, waste management and industrial processes that are suitable for economic-social development conditions of the country and international treaties to which Socialist Republic of Vietnam is a signatory. 2. The Ministry of Agriculture and Environment[15] shall take charge and cooperate with relevant ministries and authorities in periodically updating the NDC according to the Paris Agreement on climate change and submit it to the Prime Minister for approval. 3. The Ministries specified in Clause 2 Article 5 hereof shall formulate and promulgate plans of GHG emission mitigation of their industries up to the end of 2030 with a phased implementation until 2025; implement management measures to achieve the GHG emission mitigation goals prescribed in the NDC. 4. The facilities specified in Clause 1 Article 5 hereof shall carry out the GHG emission mitigation according to their own GHG emission mitigation plans under facilities and the following roadmap: a) Providing operation information and figures for internal GHG inventory development, formulating and implementing GHG emission mitigation measures in a manner that is suitable for the specific conditions of the facilities. b[16]) In the period from 2025 to the end of 2030, installations allocated GHG emission allowances are responsible for developing and implementing measures to mitigate GHG emissions in accordance with the allocated GHG emission allowances; installations that have not been allocated GHG emission allowances are responsible for developing and implementing their own GHG emission mitigation in accordance with the provisions of Article 13 of this Decree and in alignment with the sector-level GHG emission mitigation plans. 5. New investment projects shall be encouraged to apply technology, manufacturing processes, service supplement that emit less GHG or participate in mechanisms and methods for cooperation in GHG emission mitigation subject to the law and the international treaties to which the Socialist Republic of Vietnam is a signatory. 6. Approaches to GHG emission mitigation include: a) Introduction of policies and management of GHG emission mitigation; b) Industry-wide and internal plans for GHG emission mitigation; c) Technology, manufacturing processes and services emitting less GHGs; d) Mechanisms and methods for cooperation in GHG emission mitigation that are conformable with the law and the international treaties to which the Socialist Republic of Vietnam is a signatory. Article 8. Intensification of GHG absorption 1. Organizations, households, individuals and communities assigned or lent forests; assigned or lent lands to plant forests by the State; self-recovered and developed forests; transferred, donate, inherited forests according to the law shall be responsible for formulation and implementation of stable forest management measure and protection and increase of coverage, biomass and quality of the forests in order to intensify GHG absorption. 2. Entities specified in Clause 1 of this Article may participate in domestic and international carbon exchange and offsetting mechanisms subject to the law and the international treaties to which the Socialist Republic of Vietnam is a signatory. 3. The Ministry of Agriculture and Environment[17] shall take charge and cooperate with the provincial People’s Committees in: a) Formulating goals and roadmap for GHG absorption from stable forest management, protection and increase of coverage, biomass and quality of forests attached together with industry-level plans of GHG emission mitigation prescribed in Clause 3 Article 13 hereof; b[18]) Collecting figures and calculating GHG absorption rates in ecological zones and in each province or central-affiliated city, including them in the sector-level GHG inventory report as prescribed in Clause 3 Article 11 hereof; c[19]) Annually monitoring and assessing the implementation of activities aimed at intensifying the GHG absorption through sustainable forest management, protection and increase of coverage, biomass, quality and GHG absorption level of forests by each province and central-affiliated city across the entire country; d[20]) Take charge in developing methods for generating carbon credits from activities aimed at GHG emission reduction or GHG absorption when executing projects on stable forest management, protection and increase in coverage, biomass and quality of forests serving the implementation of the domestic carbon credit exchanging and offsetting mechanism. 4[21]. (annulled). Article 9. National MRV system 1. Supervision of complying with regulations on GHG emission mitigation shall be implemented via the National MRV System. 2[22]. The Ministry of Natural Resources and Environment shall be in charge of the National MRV system and have responsibility to examine compliance with the regulations on MRV of GHG emission mitigation specified in Article 10 hereof; take charge and cooperate with relevant ministries in developing and operating national online MRV databases. 3. The ministries prescribed in Clause 2 Article 5 hereof shall: a) Formulate and promulgate MRV processes and regulations within their jurisdictions; b) Provide guidance on MRV of GHG emission mitigation under their management; c) Examine compliance with the MRV regulations by the facilities prescribed in Clause 1 Article 5 within their jurisdictions; d) Formulate and operate online MRV databases under their management integrated with the national online MRW databases as prescribed in Clause 2 of this Article. 4. Ministries and other relevant ministerial authorities shall: a) Provide figures of operation and information relevant to MRV of GHG emission mitigation at national-level and industry-level at the request of the Ministry of Agriculture and Environment [23] and the ministries prescribed in Clause 2 Article 5 hereof; b) Cooperate with the Ministry of Agriculture and Environment [24] and the ministries prescribed in Clause 2 Article 5 hereof in examining compliance with the MRV within their jurisdictions. 5. The provincial People’s Committee shall direct relevant affiliated professional authorities to: a[25]) Examine and monitor compliance with MRV regulations of installations specified in clause 1 Article 5 of this Decree under their management; b) Provide figures of operation and information relevant to MRV of GHG emission mitigation at national-level and industry-level at the request of the Ministry of Agriculture and Environment[26] and the ministries prescribed in Clause 2 Article 5 hereof. 6[27]. The installations prescribed in Clause 1 Article 5 hereof, the verifying units specified in Clause 1 Article 14 and other relevant organizations shall comply with MRV regulations; supply additional MRV information and activity data at national level and sector-level at the request of the Ministry of Agriculture and Environment and the ministries prescribed in Clause 2 Article 5 hereof. Article 10. MRV contents 1. MRV requirements a) Measurement must be carried out according to the procedures established by competent authorities and ensure accuracy, transparency, continuity and consistency of the measurement results. Measurement methods must be issued by state competent authorities on the basis of the regulations of UNFCCC and in consideration of conditions of Vietnam; b) Reporting of GHG emission mitigation must perform adequately and accurately information of measurement methods, operation figures, applicable emission rates, technology solutions, management methods for GHG emission reduction and mitigation results. Reporting must ensure the comprehensiveness of GHG emission mitigation; be formulated according to the regulations on schedules, methods and time prescribed in MRV procedures established by competent authorities; c[28]) The GHG emission mitigation verification shall comply with the provisions of clause 4 of this Article. 2. Measuring GHG emission mitigation a) The facilities specified in Clause 1 Article 5 hereof shall carry out measurement of the GHG emission mitigation result according to guidelines of industrial management ministries; b) The Ministries specified in Clause 2 Article 5 hereof shall organize the result measurement at industry-level, including implementation of policies, regulations, strategies, programs, plans and measures of other GHG emission mitigation within their jurisdictions. 3[29]. Reporting GHG emission mitigation a) The installations prescribed in Clause 1 Article 5 hereof shall formulate annual reports on the previous year’s GHG emission mitigation according to Form No. 02 of Appendix III enclosed herewith, and submit them to the relevant Provincial People’s Committees before March 31 of each year starting from 2027; b) The Provincial People’s Committees shall receive, review and consolidate the results on GHG emission mitigation of the installations specified in clause 1 Article 5 of this Decree and then submit them to the Ministry of Agriculture and Environment before June 30 of each year starting from 2027; c) The ministries specified in Clause 2 Article 5 hereof shall formulate annual sector- level reports on GHG emission mitigation according to the Form No. 01 of Appendix III enclosed herewith and submit them to the Ministry of Agriculture and Environment before January 15 of each year starting from 2024; d) The Ministry of Agriculture and Environment shall review and consolidate sector-level and internal reports on GHG emission mitigation; prepare a consolidated GHG emission mitigation report (hereinafter referred to as “consolidated report”). 4[30]. GHG emission mitigation verification a) Sector-level GHG emission mitigation verification shall be carried out by the ministries specified in clause 2 Article 5 of this Decree. Annually, starting from 2023, the ministries shall organize verification of the sector-level GHG emission mitigation reports and submit them to the Ministry of Agriculture and Environment for consolidation. The verification contents shall include: The alignment of sector-level policies and management measures aimed at GHG emission mitigation with the sector-level strategies, planning and plans of development; the reliability and completeness of information and data regarding GHG inventory development and BAU scenario during the planning period; the appropriateness of the quantitative methods for mitigating GHG emissions employed in the GHG mitigation management policies and measures; the accuracy and reliability of GHG emission mitigation results compared to BAU scenario during the planning period; and the possibility of double counting of GHG emission mitigation results. b) The National-level GHG emission mitigation verification shall be carried out by the Ministry of Agriculture and Environment in cooperation with other ministries and central authorities in order to formulate a national report on responding to climate change and other national reports on climate change according to international commitments on implementation of the UNFCCC; The procedures for verification of the consolidated report shall be as follows: The Ministry of Agriculture and Environment shall establish a Council for verification of the consolidated report specified in point c clause 3 of this Article. The Verification Council shall consist of at least 09 members, including the Chairperson of the Council, the Vice Chairperson of the Council, the Secretary, 02 critics, and at least 04 council members. The council members shall be representatives of ministries specified in clause 2 Article 5 of this Decree and experts with relevant expertise. The Verification Council shall convene a meeting when at least two-thirds of the members of the Council are present in person at the meeting or participate online, whereby it is mandatory to have the Chairperson or the Vice Chairperson of the Council, the Secretary, and at least one critic. The Chairperson of the Council shall: conduct Council meetings or delegate to the Vice Chairperson of the Council; handle the opinions raised during the Council meeting, conclude the Council meeting, and take responsibility for the Council's conclusions; sign the minutes of the Council meeting and be accountable for the completeness and accuracy of the contents recorded in the minutes of the Council meeting. Members of the Council shall consider the consolidated GHG emission mitigation report and assess it based on the main contents as follows: The comprehensiveness of contents, information and data of the consolidated report; the alignment of sector-level policies and management measures aimed at GHG emission mitigation with the national-level strategies, planning and plans of development; the appropriateness of the quantitative methods for mitigating GHG emissions employed in the GHG mitigation management policies and measures; the GHG emission mitigation results compared to national BAU scenario during the planning period; and the probability of double counting concerning the GHG emission mitigation results. Within 10 days from the day on which the meeting is conducted, the Council shall adopt and send the minutes of the meeting with the following main contents to the Ministry of Agriculture and Environment: General assessment of the consolidated report and the GHG emission mitigation results by the relevant ministry; shortcomings and limitations of the consolidated report; requirements and recommendations related to the completion of the consolidated report based on the opinions of the members of the Council; and the approved, conditionally approved or disapproved conclusion of the Council. The Ministry of Agriculture and Environment shall complete the consolidated report according to the conclusion of the Council. Article 11. GHG inventory development 1. Requirements for GHG inventory development a) Methods of GHG inventory shall be applied according to GHG inventory development guidelines of IPCC; b) Operation figures serving GHG inventory development must ensure the continuity, accuracy and reliability, be suitable for examination, comparison and evaluation; c) GHG inventory reports must include adequate information of GHG inventory methods, operation figures, applicable emission factors and results; d[31]) The sector-level GHG inventory verification shall comply with the provisions of clause 5 of this Article and the internal GHG inventory verification of the installation allocated GHG emission allowance shall comply with the provisions of clause 6a of this Article. dd) Information about national-level or sector-level GHG inventory result shall be announced on the websites of climate change authorities and authorities of relevant industries e[32]) The biennial GHG inventory report of the installation shall include the GHG inventory results for the two consecutive years preceding the submission of the report. 2. The Ministry of Agriculture and Environment[33], the presiding authority of GHG national inventory development, shall: a) Direct organization of national-level GHG inventory development; determine industry- level and internal GHG inventory development period in order to ensure the unification according to the regulations; b) Disseminate GHG inventory methods at national-level and industry-level according to the guidance of IPCC; c[34]) Cooperate with the relevant ministries in disseminating internal GHG inventory development methods in accordance with the guidelines of the GHG Protocol; d[35]) Update and announce the list of emission factors serving GHG inventory development; dd) Control and ensure quality of GHG national inventory, provide guidance on verification of GHG inventory results at industry-level, prescribe the procedures of internal verification of GHG inventory results; e[36]) Take charge and cooperate with relevant ministries in developing and operating online database on GHG inventory; update activity data and GHG inventory results and relevant information to the national database on climate change. 3. The ministries prescribed in Clause 2 Article 5 hereof shall: b) Organize GHG inventory development at industry-level and formulate reports on national GHG inventory under nations according to Forms No. 01, 02, 03, 04, 05 of Appendix II issued together with this Decree and submit them to the Ministry of Agriculture and Environment[37] before January 31 from 2023; b[38]) Provide guidance and organize internal GHG inventory development under their management for 2022 and submit the results to the Ministry of Agriculture and Environment before January 12 of each year starting from 2023; issue internal GHG inventory development guidelines under their management; c) Examine compliance with the regulations on the GHG inventory of the facilities prescribed in Clause 1 Article 5 of this Decree within their jurisdiction; d) Provide additional figures of operation and information serving national GHG inventory development at the request of the Ministry of Agriculture and Environment [39]; dd) Formulate and operate the online databases on the GHG inventory under their management. 4[40]. The installations prescribed in Clause 1 Article 5 hereof shall: a) Provide activity data and relevant information serving the GHG inventory of the installations of 2022 according to the guidelines provided by the relevant ministries before March 31 form 2023; b) Organize internal GHG inventory development and formulate internal GHG inventory reports every 2 years starting from 2024 according to Form No. 06 of Appendix II enclosed herewith and submit them to the provincial People’s Committees before March 31 of each year starting from 2025; c) Thermal power plants, iron and steel production facilities, and cement production facilities listed in the category of GHG emission installations subject to GHG inventory development issued by the Prime Minister shall prepare internal GHG inventory reports every 2 years starting from 2026 in accordance with Form No. 06, Appendix II attached to this Decree. The installations specified in this point are not required to comply with the provisions of point b of this clause; d) Installations not falling under the category specified in point c of this clause shall be allocated an allowance for the period starting from 2027 to prepare GHG inventory reports every two years starting from 2028 in accordance with Sample No. 06 of Appendix II attached to this Decree. The installations specified in this point are not required to comply with the provisions of point b of this clause. 5[41]. Sector-level GHG inventory verification shall be carried out by the ministries specified in clause 2 Article 5 of this Decree. The verification contents shall include: The completeness of the GHG inventory contents, information, and data; the appropriateness of identifying emission sources and GHG sinks; the suitability of GHG inventory development methods, applicable emission factors, methods of quality control, quality assurance and systematization of information and data on GHG emissions provided by relevant ministries; evaluation of the accuracy and reliability of the GHG inventory results. 6[42]. The Provincial People’s Committees shall receive, review and consolidate the GHG inventory results of the installations specified in clause 1 Article 5 of this Decree under their management and then submit them to the Ministry of Agriculture and Environment and relevant ministries before June 30 of each year starting from 2025. 6a[43]. The GHG inventory verification of installations allocated allowances specified in points c and d clause 4 of this Article shall be carried out by units specified in Article 14 of this Decree. The installations allocated allowances shall submit the verified GHG inventory reports to the Ministry of Agriculture and Environment before December 01 of each year starting from 2027. 7. Funding for the GHG inventory and verification of GHG inventory results prescribed in Clauses 2, 3, 5 and 6 of this Article shall be allocated from state budget under the state budget management division. Article 12. Allocation of GHG emission allowances to installations[44] 1. The 2025 - 2026 period a) The installations allocated GHG emission allowances are thermal power plants, iron and steel production facilities, and cement production facilities listed in the category of GHG emission installations subject to GHG inventory development issued by the Prime Minister; b) The Ministry of Agriculture and Environment shall take charge and cooperate with the Ministry of Industry and Trade and the Ministry of Construction in piloting the proposal for allowances to be allocated for 2025 and 2026 for each thermal power plant, iron and steel production facility, and cement production facility specified in point a, clause 1 of this Article, and submit a report to the Prime Minister for consideration and approval of the total GHG emission allowance by period and annually. Based on the total GHG emission allowance approved by the Prime Minister, the Ministry of Agriculture and Environment shall allocate allowances to installations according to Form No. 01 of Appendix I attached to this Decree by December 31, 2025. 2. The 2027 – 2028 period and the 2029 – 2030 period a) Relevant ministries shall submit a proposal concerning a list of installations allocated allowances based on the category of GHG emission installations subject to GHG inventory development issued by the Prime Minister and the allowances to be annually allocated for each installation to the Ministry of Agriculture and Environment by June 30, 2027 for the 2027 - 2028 period; and by June 30, 2029 for the 2029 - 2030 period; b) The Ministry of Industry and Trade, and the Ministry of Construction shall update the list of installations allocated allowances and the allowances to be allocated annually for each thermal power plant, iron and steel production facility, and cement production facility, and submit it to the Ministry of Agriculture and Environment by June 30, 2027, for the period of 2027 - 2028; by June 30, 2029, for the period of 2029 - 2030; c) The Ministry of Agriculture and Environment shall take charge and cooperate with relevant ministries and authorities in reviewing, assessing the list and submitting a consolidated report to the Prime Minister for consideration and approval of the total GHG emission allowance by period (the 2027 – 2028 period and the 2029 – 2030 period) and annually. Based on the total GHG emission allowance approved by the Prime Minister, the Ministry of Agriculture and Environment shall allocate allowances to installations according to Form No. 01 of Appendix I attached to this Decree by October 31, 2027 for the 2027 – 2028 period and by October 31, 2029 for the 2029 - 2030 period. 3. Methods for determining GHG emission allowances a) A GHG emission allowance is determined based on GHG emissions per unit of product; growth targets of the sector; goals for GHG emission reduction of the sector or the installation in accordance with its production and business plan; potential for emission reductions of the installation; and the technical, technological and financial capacity of the installation in implementing GHG emission reductions. The method for determining the GHG emission allowance is detailed in Method 01 of Appendix I attached to this Decree; b) Relevant ministries shall apply the method specified in point a of this clause to determine GHG emission allowances proposed to be allocated to installations. 4. The installations allocated allowances are permitted to exchange GHG emission allowances and carbon credits on the CTX according to the road map specified in Article 17 hereof. 5. Funding for the GHG allowance allocation shall be allocated from the state budget according to state budget management hierarchy. Article 13. Plan for mitigation of GHG emissions 1. Requirements for mitigation of GHG emissions a) Plans for industry-level GHG emission mitigation shall be formulated based on strategies, planning, plans of the industry; GHG inventory results and BAU scenarios in the planning period; b) Plans for internal GHG emission mitigation shall be formulated based on properties, operation areas, capacities and available technology and manufacturing and business plans of the facilities; GHG inventory results and estimation of the GHG emission rates in the planning period; c) Measures for the GHG emission mitigation chosen shall be specified in the NDC or suitable for technological and financial conditions, available, measurable, reportable and verifiable; d) Methods of determining decrease in GHGs of the GHG emission measures shall be formulated according to guidelines on the methods of GHG emission mitigation measurement certified by UNFCCC or promulgated by competent authorities; dd) There must be a plan for monitoring and reporting results of the GHG emission mitigation measures according to the regulations on MRV 2. The ministries prescribed in Clause 1 Article 5 hereof shall formulate and approve GHG emission mitigation plans of their industries until 2030 with phased implementation schedule until 2025 and submit them to the Ministry of Agriculture and Environment[45] before January 31 from 2023; 3. An industry-level plan for GHG emission mitigation formulated according to Form No. 01 of Appendix IV issued together with this Decree includes: a) A GHG inventory result of their industries of the latest year; b) A BAU scenario and estimated potential GHG emission decrease; c) GHG emission mitigation goal by year of reduction from 2023 to the end of 2025 and from 2026 to the end of 2030 according to the target of GHG emission mitigation of the NDC; d) Chosen measures for GHG emission mitigation that are suitable for actual situation, technological situation, available resource, strategic environmental assessments for national industry development strategies and planning, national industry planning and technological and specialized planning with great impacts on the environment specified on the list by the Government; dd) Plans for monitoring implementation of the GHG emission mitigation plan. 4. The facilities prescribed in Clause 1 Article 5 hereof shall: a) Formulate and carry out GHG emission mitigation measures of the facilities in the period from 2023 to 2025 in a manner that is suitable for manufacture and business conditions of the facilities; b[46]) Formulate and approve GHG emission mitigation plans for the period from 2026 to 2030, annually adjust and update (if any) and submit them to the Ministry of Agriculture and Environment, relevant ministries specified in Clause 2 Article 5 hereof and the provincial People’s Committees before December 31, 2025. 5. Internal plans for GHG emission mitigation shall be formulated according to Form No. 02 of Appendix IV issued together with this Decree. a) GHG inventory results of facilities of the latest year; b) Estimated GHG emission in the planning period without application of technology and measures for GHG emission mitigation; c) Objectives of GHG emission mitigation of each year in the period from 2026 to 2030; d) Chosen measures for GHG emission mitigation that are suitable for actual situation, technological situation and available resources of the facilities; dd) Plans for monitoring implementation of the GHG emission mitigation plan. 6. Revisions to plan for GHG emission mitigation a) The ministries specified in Clause 2 Article 5 hereof shall revise their GHG emission mitigation plans at industry-level when there are changes prescribed in Clause 1 of this Article or factors and risks with major negative impacts on socio-economic development strategies of industries and localities and at the request of ministers and heads of ministerial-level authorities; b) The facilities specified in Clause 1 Article 5 hereof shall revise their GHG emission mitigation plans when there are changes specified in Point b Clause 1 hereof or at the request of their owners. 7. The People’s Committee of province has responsibility to provide figures for the ministries prescribed in Clause 3 Article 7 of Decree serving formulation of ministerial plans for GHG emission mitigation prescribed in Clauses 2 and 3 hereof, participating in ministerial-level GHG emission mitigation plans and monitoring the implementation by the facilities prescribed in Clause 1 Article 5 hereof under their management. Article 14. Units verifying GHG inventory results and GHG emission mitigation [47] Units verifying GHG inventory results and GHG emission mitigation are organizations granted certificates of registration for legal validation and verification (V&V) of conditions for provision of conformity assessment services. Article 15. The responsibility for monitoring GHG emission mitigation 1[48]. The Ministry of Agriculture and Environment is responsible for management, inspection and supervision of the GHG emission mitigation; inspection and supervision of GHG inventory verification and GHG emission mitigation verification. 2. The ministries specified in Clause 3 Article 5 of this Decree shall examine and monitor the GHG emission mitigation of the facilities subject to GHG inventory development within their jurisdiction 3[49]. The relevant provincial People’s Committees shall cooperate with the ministries prescribed in Clause 2 Article 5 of this Decree in inspecting and supervising the GHG emission mitigation of the installations specified in Clause 1 Article 5 hereof under their management. Section 2[50]. ORGANIZATION AND DEVELOPMENT OF CARBON MARKETS Article 16. Entities involved in the exchange or support in exchange in the domestic carbon market [51] 1. Entities involved in the GHG emission allowance exchange are installations allocated allowances specified in Article 12 of this Decree. 2. Entities involved in the carbon credit exchange are agencies and organizations within the territory of the Socialist Republic of Vietnam. 3. Entities involved in the support in exchange are organizations providing financial services and support for GHG emission allowance and carbon credit exchanges in carbon markets in accordance with the provisions of law on domestic CTX. Article 17. Development roadmap and deployment time of domestic carbon market [52] 1. The period of up to the end of 2028 a) Set up a National registration system; b) Establish and experiment with a domestic CTX; c) Deploy the domestic carbon credit exchanging and offsetting mechanism; d) Carrying out activities in order to improve capacity and raise awareness about carbon market development. 2. The period from 2029 a) Develop and implement a mechanism for auctioning of GHG emission allowances; b) Improve regulations on carbon credit management, exchange of GHG emission allowances and carbon credits; laws on the organization, management, and operation of the domestic carbon market and participation in the global carbon market. Article 18. National registration system [53] 1. The Ministry of Agriculture and Environment shall take charge and cooperate with relevant agencies in establishing, managing and operating the National registration system; connect and share data between the National registration system and the domestic emission trade system (ETS). The National registration system include: a) Information technology infrastructure; b) Software for managing information on GHG emission allowances and carbon credits; c) The database on GHG emission allowances and the carbon credit exchanging and offsetting mechanism stipulated in Article 20, Clause 1 of Article 20a of this Decree. 2. Registration of accounts on the National registration system a) Installations allocated GHG emission allowances and organizations participating in projects registered under the mechanisms stipulated in Article 20 of this Decree, points a and b of clause 1 of Article 20a of this Decree will have their accounts created in the National registration system by the Ministry of Agriculture and Environment and receive notifications of the accounts sent by the Ministry; b) An organization participating in a program or project under one of the mechanisms stipulated in point c, clause 1, Article 20a of this Decree shall submit an account registration dossier to the Ministry of Agriculture and Environment in person, online, or via postal services. A registration application includes: An application form made using the Form No. 01 in Appendix V enclosed herewith; Program and project documents registered in accordance with the provisions of the mechanisms. Communication methods of the program or project registered under the mechanisms. Within 05 working days from the date of receipt of the registration dossier, the Ministry of Agriculture and Environment shall provide an account to the organization; in case of refusal, the reasons must be clearly stated. 3. The Minister of Agriculture and Environment shall stipulate the use of the National registration system. Article 19. Exchange, borrowing, return, transfer and offsetting of GHG emission allowances and carbon credits [54] 1. GHG emission allowances and carbon credits permitted to be exchanged on the CTX include: a) GHG emission allowances prescribed in Article 12 hereof. Each GHG emission allowance gives the right to emit one tonne of carbon dioxide (CO2) or 01 tonne of CO­2eq (carbon dioxide equivalent); b) Carbon credits are awarded for activities that result in the GHG emission mitigation starting from January 1, 2021 of programs and projects under the mechanisms stipulated in Article 20 of this Decree and the mechanisms specified in points a and b of clause 1 of Article 20a of this Decree. 2. The Ministry of Agriculture and Environment shall update the quantity of GHG emission allowances into the accounts of installations on the National Registration System, while also sending and updating data for the CTX operators when performing allocations in accordance with the provisions of Article 12 of this Decree. 3. Verification of carbon credits for exchange on CTXs a) For carbon credits from projects under the mechanisms stipulated in Article 20 of this Decree and the mechanism specified in point a, clause 1, Article 20a of this Decree, the Ministry of Agriculture and Environment shall send information regarding the quantity of carbon credits to the CTX operators for updating the accounts of organizations when registering transactions on the CTXs; b) Regarding a carbon credit from a program or project under the mechanism specified in point b clause 1 Article 20a of this Decree, the organization participating in the program or project wishing to verify the carbon credit shall send an application to the Ministry of Agriculture and Environment in person, online or via postal services. The application includes: An application form for verification of carbon credits made using Form No. 02 of Appendix V enclosed herewith; Certification from the mechanism management authority regarding the quantity of carbon credits of the program or project for exchange on the CTX. Within 10 days from the receipt of the application form, the Ministry of Agriculture and Environment shall review, verify and send information regarding the quantity of verified carbon credits to the account of the organization on the CTX; in the event of refusal, the reasons must be clearly stated. 4. GHG emission allowance exchanges The GHG emission quota exchanges must be conducted on CTXs in accordance with the provisions of law on CTXs 5. Return of GHG emission allowances a) For each allocation period, the installation is responsible for returning the GHG emission allowances to the State. The returned GHG emission allowances must be at least equal to the GHG emissions from direct emission sources during the allocation period of the installation minus the carbon credits that have been offset against; b) Installations shall return GHG emission allowances through the National Registration System before December 31 of the year following the allocation period stipulated in Article 12 of this Decree; c) The Ministry of Agriculture and Environment shall remove the allowances that have been returned on the National Registration System; d) The state encourages installations to voluntarily return GHG emission allowances exceeding the GHG inventory results from direct emission sources during the allocation period, contributing to the achievement of national GHG emission reduction targets; dd) Installations are permitted to exchange, borrow and transfer GHG emission allowances as stipulated in clauses 4, 6, and 7 of this Article, and to use carbon credits to offset GHG emissions as prescribed in clause 5 of this Article in order to fulfill their return obligations. e) Installations that do not fully fulfill their obligations to return GHG emission allowances shall be penalized in accordance with the provisions of law on administrative penalties for violations against environmental protection. At the same time, the GHG emission allowances that have not been returned of a installation will be deducted from the allowance allocated to that installation in the next period. 6. Borrowing of GHG emission allowances a) During the period until the end of 2030, an installation may borrow GHG emission allowances from the subsequent allocation to cover GHG emission allowances to be returned in the current period. The borrowed amount must not exceed 15% of the allocated allowances and shall not be used for exchange purposes; b) The installation shall borrow GHG emission allowances through the National Registration System before the allowance return for the allocation period. 7. Transfer of GHG emission allowances a) During the period until the end of 2030, installations may transfer their unused GHG emission allowances after completing the allowance return for the current period to the next period. The quantity of the allowances transferred for exchange; b) The installation shall directly transfer GHG emission allowances through the National Registration System after the allowance return for the allocation period; c) After 30 days from the deadline for returning GHG emission allowances for the allocation period, the Ministry of Agriculture and Environment shall remove the allowances allocated for the previous periods that were not transferred and/or returned by the installation through the National Registration System, while also sending and updating data for the CTX operators. 8. Use of carbon credits to offset GHG emissions. a) Installations may use carbon credits from projects under the carbon credit exchanging and offsetting mechanisms stipulated in Article 20 of this Decree, points a and b of Clause 1 of Article 20a of this Decree to offset no more than 30% of the GHG emission allowances allocated to the installations; b) Carbon credits shall be used by installations themselves to offset GHG emissions through the National registration system during the return process. 9. Exchange of carbon credits to serve the carbon offsetting a) The carbon credit exchange serving the carbon offsetting refers to the buying and selling of carbon credits between the installations specified in Clause 1, Article 16 of this Decree and the organizations that hold carbon credits under the carbon credit exchanging and offsetting mechanisms outlined in Article 20 of this Decree, points a and b of Clause 1, Article 20a of this Decree may exchange carbon credits on the CTXs in accordance with the laws on CTXs; b) Carbon credit exchanges must comply with relevant laws. 10. Use of carbon credits for voluntary GHG emission reduction The state encourages organizations to purchase carbon credits to serve the voluntary emission reduction, contributing to the achievement of national emission reduction targets. The carbon credits used for the voluntary emission reduction shall not be further traded in the market. Article 20. Domestic carbon credit exchanging and offsetting mechanism [55] 1. Entities formulating and executing projects under the domestic carbon credit exchanging and offsetting mechanism are agencies and organizations within the territory of Vietnam. 2. Units verifying projects under the domestic carbon credit exchanging and offsetting mechanism a) Verifying units are organizations granted certificates of registration for legal validation and verification (V&V) of conditions for provision of conformity assessment services; b) Verifying units shall verify project dossiers as requested by the applicants for registration or adjustment of the projects specified in clause 6 of this Article and by the applicants for carbon credits specified in clause 9 of this Article. 3. Relevant ministries specified in clause 2 Article 5 of this Decree shall organize approval for: The recognition of the methods; registration of the projects; change of participants in the projects; cancelation of the project registration; grant of carbon credits for the projects. 4. Methods of creating carbon credits applied to projects under the domestic carbon credit exchanging and offsetting mechanism includes: a) The method prescribed by relevant ministries in Clause 2, Article 5 of this Decree that is developed according to Template No. 03B and recognized according to Template No. 03E of Appendix V enclosed herewith and published on the National Registration System and the websites of the relevant ministries; b) The method recognized by the UNFCCC for application to projects under Article 6.4 Mechanism that is reviewed, selected, and announced by relevant ministries on the National Registration System and the website of the relevant ministries; c) Methods proposed by organizations or individuals not falling under points a and point b of this clause that are recognized by the relevant ministries in accordance with the provisions outlined in clause 5 of this Article. 5. Recognition of carbon credit generation methods proposed by organizations and individuals a) An organization or individual applying for recognition of a carbon credit generation method (applicant) shall submit an application to a relevant ministry specified in clause 2 Article 5 of this Decree in person, online or via postal services. The application includes: An application form for recognition of the carbon credit generation method made using Form No. 03A of Appendix V enclosed herewith; Document concerning the carbon credit generation method made using Form No. 03B of Appendix V enclosed herewith; b) Within 03 working days from the receipt of the application for recognition of the carbon credit generation method, the relevant ministry shall notify the applicant of the validity of the application. In case the application is invalid, the applicant must complete the application within 15 days from the date of notification. The time taken to complete the application shall not count towards the prescribed time limit for completion of procedures for recognition or adjustment of the method; c) Within 01 working day from the receipt of a valid application, the relevant ministry shall publish the application for recognition or adjustment of the carbon credit generation method on its website to solicit public opinions for a period of 15 days. d) Within 45 days from the ending of the public consultation, the relevant ministry shall establish an Evaluation council to assess the carbon credit generation method. The Evaluation council consists of at least 09 members, including the Chairperson of the council, the Vice-chairperson of the council, the secretary, 02 critics and at least 04 council members. The council members are representatives of the relevant agencies under such relevant ministry and experts with appropriate expertise. Valuation contents: Measures to reduce GHG emissions that are consistent with the objectives and orientations according to the GHG emission reduction plan of the sector; GHG emission calculation methods when no measures to reduce GHG emissions have been implemented and when measures to reduce GHG emissions have been applied, and project monitoring parameters that are clear and transparent; compliance with the technical regulations on MRV of GHG emission mitigation of relevant ministries; the ability to scale up and be widely applied to achieve effective reductions in GHG emissions. The Valuation Council shall convene a meeting when at least two-thirds of the members of the Council are present in person at the meeting or participate online, whereby it is mandatory to have the Chairperson or the Vice Chairperson of the Council, the Secretary, and at least one critic. The Chairperson of the Council shall: conduct Council meetings or delegate to the Vice Chairperson of the Council; handle the opinions raised during the Council meeting, conclude the Council meeting, and take responsibility for the Council's conclusions; sign the minutes of the Council meeting and be accountable for the completeness and accuracy of the contents recorded in the minutes of the Council meeting. Decision to establish the Evaluation Council made according to Form No. 03C, Minutes of the Council meeting made according to Form No. 03D, Evaluation forms of Council members made according to Form No. 03D Appendix V enclosed herewith; dd) Within 05 working days from the receipt of the evaluation results by the Council, the relevant ministry shall decide whether to issue a written recognition using Form No. 03E of Appendix V enclosed herewith and send it to the applicant and the Ministry of Agriculture and Environment for publication on the National Registration System; or Request the applicant to supplement and improve the method. The time limit for the applicant to supplement and improve the carbon credit generation method is 30 days from the receipt of the written notification of the relevant ministry. The period of supplementing and improving the method shall not count towards the prescribed time limit for completion of procedures for recognition of the carbon credit generation method. Within 05 working days from the receipt of the documents about the supplemented and improved method, the relevant ministry shall consider deciding the recognition of the carbon credit generation method; send the decision to the applicant and the Ministry of Agriculture and Environment for publication on the National registration system; in the case of non-recognition, the reasons must be clearly stated. e) The carbon credit generation method of the applicant shall be recognized and published by the relevant ministry on the National Registration System. The use of this carbon credit generation method shall comply with intellectual property laws and other related laws. g) Applicants for adjustment of their recognized carbon credit generation methods shall follow the procedures for applying for recognition of carbon credit generation methods as stipulated in this clause; h) The procedures for applying for recognizing the carbon credit generation method specified in this clause shall be followed from January 1, 2028. 6. Project registration under the domestic carbon credit exchanging and offsetting mechanism a) An agency or organization applying for project registration (applicant) shall select a carbon credit generation method specified in clause 4 of this Article and submit an application for project registration to a relevant ministry specified in clause 2 Article 5 of this Decree in person, online or via postal services. The applicant for a multi-sector project under the management of at least 2 ministries shall submit an application to the Ministry of Agriculture and Environment. The application includes: An application form for project registration made using the Form No. 04A in Appendix V enclosed herewith; Project design document (PDD) made using the Form No. 04B in Appendix V enclosed herewith; Project monitoring plan made using the Form No. 04C in Appendix V enclosed herewith; Sustainable development plan made using the Form No. 04D in Appendix V enclosed herewith; The communication method according to Form No. 04D in Appendix V enclosed herewith; Copies of licenses related to the professional operations of the project in accordance with applicable laws; b) Within 03 working days from the receipt of the application, the relevant ministry shall notify the applicant of the validity of the application. In case the application is invalid, the applicant must complete the application within 15 days from the date of notification. The time taken to complete the application shall not count towards the prescribed time limit for completion of procedures for registration or adjustment of the project; c) Within 01 working day from the receipt of a valid application, the relevant ministry shall publish the application for project registration on its website to solicit public opinions for a period of 30 days; d) Within 05 working days from the end of the public consultation, the relevant ministry shall summarize the opinions and notify the applicant; dd) The applicant shall complete the application in accordance with the opinions stated in the notification and submit it to the unit specified in clause 2 of this Article for verification. Within 60 days from the receipt of the notification, the applicant shall send the complete application together with a project document verification report made using Form No. 04E in Appendix V enclosed herewith to the relevant ministry. The verifying unit specified in clause 2 of this Article shall choose to conduct the project document verification at any of these stages: before, during or after the public consultation period; e) Within 03 working days from the receipt of the complete application for project registration, the relevant ministry shall notify the applicant of the validity of the application. In case the application is invalid, the applicant must complete the application within 05 days from the date of notification. The time taken to complete the application shall not count towards the prescribed time limit for completion of procedures for registration or adjustment of the project; g) Within 03 working days from the receipt of a valid application, the relevant ministry shall send the application to the Ministry of Agriculture and Environment and other relevant agencies and organizations to solicit opinions on the approval for the project registration. The agencies and organizations whose opinions are solicited are responsible for responding in writing within 10 days from the receipt of the consultation documents. h) Within 07 days after receiving the opinions of the agencies and organizations, the relevant ministry shall organize the evaluation in terms of: measures to reduce GHG emissions, carbon credit generation methods, and project monitoring parameters; issue a decision to approve the project registration using Form No. 04G in Appendix V enclosed herewith and send it to the applicant, as well as the Ministry of Agriculture and Environment for announcement on the National Registration System; if registration is not approved, the reasons must be clearly stated. i) Applicants (organizations and agencies) for adjustment of the scale and capacity of projects that have already been registered shall follow the procedures for applying for project registration stipulated in this clause. 7. Change of project participants a) In the case where an agency or organization that is the investor of the registered project applies for a change of participants in a project, they must submit an application to the relevant ministry for project registration approval in person, online, or via postal services. The application includes: An application form for change of participants in the project made using the Form No. 05 in Appendix V enclosed herewith; The additional communication method according to Form No. 04D in Appendix V enclosed herewith; b) Within 10 days from the receipt of the application, the relevant ministry shall make adjustments at the request of the applicant on the National Registration System; c) The applicant is responsible for fulfilling its committed obligations and is accountable to relevant parties according to the provisions of law incurred by the decision to adjust participants in the project. 8. Cancelation of project registration a) In the case where the applicant (an agency or organization) that is the investor of the registered project applies for cancelation of the project registration, they must submit an application to the relevant ministry for project registration approval. in person, online or via postal services. The application includes: An application form for project registration cancelation made using the Form No. 06 in Appendix V enclosed herewith; The communication method according to Form No. 04D in Appendix V enclosed herewith; b) Within 30 days from the receipt of the application, the relevant ministry shall cancel the project registration at the request of the applicant on the National Registration System; c) The applicant is responsible for fulfilling its committed obligations and is accountable to relevant parties according to the provisions of law incurred by the decision to cancel the project registration. 9. Grant of carbon credits according to the domestic carbon credit exchanging and offsetting mechanism a) In the case where the applicant (an agency or organization) that is the investor of the registered project applies for cancelation of the project registration, they must submit an application for a carbon credit to the relevant ministry for project registration approval in person, online, or via postal services. The application includes: An application form for a carbon credit made using Form No. 07A of Appendix V enclosed herewith; The project monitoring report made using the Form No. 07B in Appendix V enclosed herewith; The mitigation verification report made by the verifying unit specified in clause 2 of this Article using Form No. 07C Appendix V enclosed herewith; Sustainable development report made using the Form No. 04D in Appendix V enclosed herewith; b) Within 03 working days from the receipt of the application, the relevant ministry shall notify the applicant of the validity of the application. In case the application is invalid, the applicant must complete the application within 05 days from the date of notification. After 15 days from the date of the notification, if the applicant does not submit a complete application as per the notification, they must resubmit the application as if it were the first time; c) Within 03 working days from the receipt of a valid application, the relevant ministry shall send the application to relevant agencies and organizations for consultation on the grant of carbon credits for the project. The agencies whose opinions are solicited are responsible for responding in writing within 15 days from the receipt of the consultation documents. d) Within 15 days after the receipt of the opinions of the relevant agencies and organizations, the relevant ministry shall decide the issuance of carbon credits and notify the applicant and the Ministry of Agriculture and Environment of it for publication in the National Registration System; in case of refusal, a clear reason must be provided. Article 20a. International carbon credit exchanging and offsetting mechanisms [56] 1. International carbon credit exchanging and offsetting mechanisms include: a) The bilateral and multilateral carbon credit exchanging and offsetting mechanisms between the Government of the Socialist Republic of Vietnam and the foreign signatories that are implemented in accordance with international treaties signed in accordance with the provisions of Article 6.2 of the Paris Agreement; b) The Article 6.4 Mechanism of the Paris Agreement that is implemented in accordance with the guidelines of the UNFCCC; c) International carbon credit exchanging and offsetting mechanism not covered by points a and b of this clause that are implemented in accordance with the provisions issued by the governing body of the mechanisms. 2. Approval of programs and projects registered under Article 6.4 Mechanism of the Paris Agreement. a) The applicant (an agency or organization) for approval of a program or project shall submit an application to the Ministry of Agriculture and Environment in person, online, or via postal services. An application for approval of the project includes: An application form made using the Form No. 08 in Appendix V enclosed herewith; The PDD made in accordance with the mechanism; Technical report or verification report made in accordance with the mechanism; Copy accompanied by the originals for comparison or certified true copies of various licenses and documents related to the project's professional activities as prescribed by applicable laws; b) Within 05 working days from the receipt of the application, the Ministry of Agriculture and Environment shall send a notification to the applicant of accepting the application as valid; supplementing and completing the application or rejecting the application if it is invalid. The time limit for supplementing and completing the application shall be 15 days from the day on which the written notification of supplementation and completion of the application is provided; c) Within 30 days from the receipt of a valid application, the Ministry of Agriculture and Environment shall organize an assessment of the application and solicit for opinions of relevant agencies and organizations. The agencies whose opinions are solicited are responsible for responding in writing within 10 days from the receipt of the consultation documents attached to the application. The Ministry of Agriculture and Environment shall conduct the evaluation in terms of: measures to reduce GHG emissions; carbon credit generation methods; the project's compliance with the regulations of the Article 6 Mechanism. 4; d) Within 05 working days from the day on which the assessment results are provided, the Minister of Agriculture and Environment shall consider deciding the approval for the program or project registered under the Article 6.4 Mechanism of the Paris Agreement, notify the applicant of the decision, and publish the approval on the National registration system; in cases of disapproval, the reasons must be clearly stated. Template for project approval shall be made under the Article 6.4 Mechanism of the Paris Agreement. 3. Approval of the conversion from Clean Development Mechanism (CDM) to the Article 6.4 Mechanism of the Paris Agreement for registered programs and projects. a) In case an agency or organization that is an investor in a program or project registered under the CDM applies for an approval for the conversion registration, they shall submit an application to the Ministry of Agriculture and Environment in person, online, or via postal services before September 30, 2025. The application for conversion approval includes: An application form made using the Form No. 09 in Appendix V enclosed herewith; The PDD made in accordance with the provisions of the CDM; The documents requiring the A6.4 Supervisory Body to permit the conversion and confirmation from the A6.4 Supervisory Body regarding the receipt of the conversion request; b) Within 05 working days from the receipt of the application, the Ministry of Agriculture and Environment shall send a notification to the applicant of accepting the application as valid; supplementing and completing the application or rejecting the application if it is invalid. The time limit for supplementing and completing the application shall be 15 days from the day on which the written notification of supplementation and completion of the application is provided; c) Within 30 days from the receipt of a valid application, the Ministry of Agriculture and Environment shall organize an assessment of the application and solicit for opinions of relevant agencies and organizations. The agencies whose opinions are solicited are responsible for responding in writing within 10 days from the receipt of the consultation documents attached to the application; d) Within 05 working days from the day on which the assessment results are provided, the Minister of Agriculture and Environment shall consider deciding the approval for the conversion registration, notify the applicant of the decision, and publish the approval on the National registration system; in cases of non-approval, the reasons must be clearly stated. Template for conversion approval shall be made under the Article 6.4 Mechanism of the Paris Agreement; d) The Ministry of Agriculture and Environment is responsible for notifying the A6.4 Supervisory Body of the programs and projects granted approval for conversion registration before December 31, 2025. 4. Approval of the international transfer of carbon credits, resulting in the reduction of GHG emissions. a) Regarding the approval of the international transfer of carbon credits from projects under the carbon credit exchanging and offsetting mechanism specified in point a, clause 1 of this Article, the organization granted carbon credits shall submit a request for approval using Form No. 10 Appendix V enclosed herewith to the Ministry of Agriculture and Environment in person, online or via postal services. The Minister of Agriculture and Environment shall consider deciding the issuance of a written approval for international transfer of carbon credits in accordance with the provisions of the UNFCCC within 05 working days from the receipt of the application; in case of non-approval, the reasons must be clearly stated. b) Regarding the approval of international transfer of carbon credits or GHG emission mitigation results from public investment projects not governed by the mechanism specified in point a of clause 1 of this Article, ministries, ministerial-level agencies, and provincial People's Committees in charge of the projects need to sign contracts for sale of carbon credits or GHG emission mitigation results with foreign partners. During the process of drafting a sale contract, a governing authority should consult relevant ministries about information on estimated carbon credits or GHG emission mitigation results for which a written approval for international transfer is required. When a written approval for international transfer is required, the governing authority shall submit an application for approval to the Ministry of Agriculture and Environment. The application includes: Report on the execution of the project; PDD; quantity of carbon credits, GHG emission mitigation results proposed for international transfer. The Ministry of Agriculture and Environment shall send consultation documents to relevant agencies and organizations on the application. The agencies and organizations consulted with are responsible for giving responses within 20 days. Based on the opinions of relevant agencies and organizations and the implementation of national-level and sector-level GHG emission reduction targets, the Ministry of Agriculture and Environment shall consider issuing a written approval in accordance with the regulations of the UNFCCC, notify the applicant of the approval, and publish it on the National Registration System; in the event of non-approval, the reasons must be clearly stated. c) For projects that are not approved, the GHG emission mitigation results and carbon credits may only be used for Vietnam's NDC objectives, and shall not contribute to the NDC objectives of other countries or to other international mitigation targets. 5. An organization participating in a project under the carbon credit exchanging and offsetting mechanism stipulated in Clause 1 of this Article shall take the following responsibilities: a) Within 15 days from the date of receiving a written notification of registration approval from the governing authority of the mechanism, the organization shall send the project information to the Ministry of Agriculture and Environment according to Form No. 11 of Appendix V enclosed herewith. b) During the execution of the project, before December 31 of each year, provide information of the project execution to the Ministry of Agriculture and Environment according to Form No. 12 of Appendix V enclosed herewith. 6. Measures and activities to encourage the implementation of GHG emission reductions for projects under the international carbon credit exchanging and offsetting mechanism specified at point a, clause 1 of this Article shall comply with the List No. 01 of Appendix V enclosed herewith. Article 21. Responsibility of development of carbon markets [57] 1. The Ministry of Finance shall develop and establish CTXs and formulate financial policies for operations of carbon markets. 2. The Ministry of Agriculture and Environment shall take charge and cooperate with relevant ministries in operating CTXs; develop dissemination materials, and implement capacity-building activities for entities participating in the carbon markets. 3. The ministries, ministerial agencies, the provincial People’s Committees shall cooperate with the Ministry of Agriculture and Environment and the Ministry of Finance in implementing the provisions of Clauses 1 and 2 of this Article and activities for the purpose of fostering the development of the carbon markets; disseminate through mass media to raise community awareness about the carbon markets. Chapter III PROTECTION OF OZONE LAYER Article 22. Controlled ODS and roadmap for management and phaseout of controlled ODS 1. Controlled ODS include: a) Bromochloromethane; b) Carbon tetrachloride (hereinafter referred to as "CTC”); c) Chlorofluorocarbon (hereinafter referred to as "CFC”); d) Halon; dd) Hydrobromofluorocarbon (hereinafter referred to as “HBFC”); c) Hydrochlorofluorocarbon (hereinafter referred to as "HCFC”); g) Methyl bromide; h) Methyl chloroform. 2. Roadmap for management and phaseout of HCFCs shall be carried out according to the following periods: a) The period from January 01, 2022 to the end of December 31, 2024: the total national consumption must not exceed 65% of baseline consumption; b) The period from January 01, 2025 to the end of December 31, 2029: the total national consumption must not exceed 32,5% of baseline consumption; c) The period from January 01, 2030 to the end of December 31, 2039: the total national annual-average consumption must not exceed 2,5% of baseline consumption; d[58]) From January 01, 2040: completely eliminate all HCFC substances. 3. The total national consumption of HCFCs is determined on the basis of the amount of HCFCs imported minus (-) the amount of HCFCs exported. The baseline consumption of HCFCs is 221,2 ODP tonnes. 4[59]. Methyl bromide is only imported for the purpose of fumigation and quarantine of goods. 5[60]. The list of prohibited products and imports under the commitments to implement international agreements on ozone layer protection. a) The list of controlled substances and devices, products containing or produced from controlled substances prohibited from production and import in accordance with the commitments to implement international treaties on ozone layer protection, to which the Socialist Republic of Vietnam is a member, as specified in List No. 01 of Appendix VI attached to this Decree; b) The cases of exemption for the importation of controlled substances listed in Category No. 01 of Appendix VI enclosed herewith shall be implemented as follows: The importing organization must clearly declare the controlled substances, the purpose of the import, and shall be held legally responsible for the accuracy of the information declared during the customs procedure. The customs authority shall process customs procedures in accordance with regulations based on the information declared and the accompanying documents. The importation of controlled substances that have been recycled and meet the quality requirements for fire protection in the aviation sector or the controlled substances that remain in imported equipment or products in the form of trace impurities that cannot be eliminated in the production process and are subject to exemption under the Montreal Protocol, requires the importing organization to submit to the customs authority one photocopy of the written confirmation from the inspection, testing, or certification organization related to the relevant field of meeting the requirements of the corresponding ISO/IEC standards. c) The Prime Minister shall consider deciding whether to permit the importation of controlled substances and devices, products containing or produced from controlled substances listed in Category No. 01 of Appendix VI enclosed herewith for the purposes of national defense, security, and epidemic prevention and control. Article 23. Controlled GHG and roadmap for management and phaseout of controlled GHGs 1. Controlled GHGs is Hydrofluorocarbons (hereinafter referred to as "HFCs”). 2. Roadmap for management and phaseout of HFCs shall be carried out according to the following periods: a) The period from January 01, 2022 to the end of December 31, 2028: the total national consumption must not exceed the baseline consumption; the total national production must not exceed the baseline production; b) The period from January 01, 2029 to the end of December 31, 2034: the total national consumption must not exceed 90% of the baseline consumption; the total national production must not exceed 90% of the baseline production; c) The period from January 01, 2035 to the end of December 31, 2039: the total national consumption must not exceed 70% of the baseline consumption; the total national production must not exceed 70% of the baseline production; d) The period from January 01, 2040 to the end of December 31, 2044: the total national consumption must not exceed 50% of the baseline consumption; the total national production must not exceed 50% of the baseline production; dd) The period from January 01, 2045: the total national consumption must not exceed 20% of the baseline consumption; the total national production must not exceed 20% of the baseline production. 3. The total national consumption of HFCs a) The total national production of HFCs is determined on the basis of the amount of HFCs manufactured minus (-) the amount of HFCs destroyed, expressed as CO2 equivalent; b) The total national import of HFCs is determined on the basis of the amount of HFCs imported minus (-) the amount of HFCs exported, expressed as CO2 equivalent; c) The total national consumption of HFCs is determined on the basis of the total national production of HFCs plus (+) the total national import of HFCs prescribed in Points a and b of this Clause. 4. The baseline production and consumption of HFCs a) The baseline consumption of HFCs is determined on the basis of the average consumption of HFCs expressed as CO2 equivalent of the years 2020, 2021 and 2022 plus (+) 65% of the baseline consumption of HCFCs specified in Clause 3 Article 22 of this Decree expressed as CO2 equivalent; b) The baseline manufacture of HFCs is determined on the basis of the average production of HFCs expressed as CO2 equivalent of the years 2020, 2021 and 2022. 5. The Minister of Agriculture and Environment[62] shall publish the production and consumption amount of HFCs of Vietnam before December 31, 2023; periodically publish the total national consumption specified in Clause 2 of this Article. Article 24. Registering and reporting use of controlled substances 1[62] Entities required to register for using controlled substances include: a) Organizations that manufacture controlled substances; b) Organizations that export or import controlled substances; c) Organizations that manufacture or import equipment and products which contain or are manufactured from the controlled substances; d[63]) Organizations owning equipment containing controlled substances: air conditioners with a nominal cooling capacity greater than 26,5 kW (90.000 BTU/h); industrial refrigeration equipment with electric power greater than 40 kW; dd) Organizations providing controlled substance collection, reuse, recycling and disposal services. 2. The entity prescribed in Clause 1 of this Article shall submit 01 registration application for use of the controlled substances (hereinafter referred to as “registration application”) to the Ministry of Agriculture and Environment [64] before December 31, 2022 in person, online or by portal service. If the application is sent by post, the time of receipt of the application is determined based on the outgoing postmark. 3. A registration application includes: a) An application form for registration of use of the controlled substances according to Form No. 01 of Appendix VI issued herewith: 01 original; b) A written proof of the legal status of the registration organization according to the law: 01 true copy certified and sealed as a true copy of the original of the applicant. 4. Within 03 working days after receiving the application, the Ministry of Agriculture and Environment[65] shall notify the applicant of the acceptance of the valid application or request supplementation of the application. Deadline for supplementation of the registration application must not exceed 05 working days after the request is issued; 5. Within 10 working days after receiving the valid registration application, the Ministry of Agriculture and Environment[66] shall process the registration application and publish the information about the completed registration the controlled substances on the website of the climate change authority. 6. The entities prescribed in Clause 1 of this Article shall send report on use of the controlled substances to the Ministry of Agriculture and Environment[67] in person, online or by portal service before January 15 of each year according to the regulations in Form No. 02 of Appendix VI issued herewith. If the report is sent by post, the time of receipt of the application will be determined based on the outgoing postmark. 6a[68]. The registration information attached to the report on the use of controlled substances by organizations specified in clauses a and b clause 1 of Article 24 serves as the basis for the state management agencies to consider allocating production and import quotas to organizations according to regulations. 7. The entities prescribed in Clause 1 of this Article that are established after December 31, 2022 shall submit the registration application to the Ministry of Agriculture and Environment[69] and report the use of the controlled substances according to the regulations in this Article. Article 25. Requirements of allocation, adjustment and increase of controlled substance manufacture/import quotas[70] 1. The production and import quotas applicable to the substances specified in point e of clause 1, Article 22 shall not exceed the total national consumption stipulated in clause 3, Article 22; the substances specified in clause 1, Article 23 shall not exceed the total national consumption stipulated in point c of clause 3, Article 23 of this Decree. 2. The quotas allocated to the organizations specified in points a and b of clause 1 of Article 24 by year shall be determined according to management requirements, usage needs, and the average usage amounts of the organizations over the past three years. The total allocated quota shall not exceed 80% of the total national consumption of controlled substances, and the remaining quotas shall be allocated in accordance with the order of priority specified in clause 3 of this Article. 3. The allocation of remaining quotas is carried out according to the priority orders as follow: a) Organizations that use controlled substances with low GWP have and wish to have their quota increased. The low GWP is determined according to the national plan on management and phaseout of controlled substances of Vietnam; b) Organizations that register after December 31, 2022; c) Organizations that have been allocated quotas and wish to have their quotas increased. 4. Organizations allocated quotas may only use quotas in the year in which they are allocated. 5. Controlled substance manufacture/import quotas to organizations that register after December 31, 2022 shall be allocated on the basis of assessment of applications for quota use demand registration, company’s capacity dossier and requirements for management of controlled substances. 6. Organizations using GHGs with low GWP may request increase in manufacture/import quota according to rating based on consumption rates expressed as CO2 equivalent of the organizations in the last 3 years. 7. Quotas shall be adjusted or increased at the request of the requesting organization and according to the organization's use of the allocated quotas and the requirements for management of controlled substances. 8. Organizations which import controlled substances according to the allocated quotas and then export them may request increase in import quota that do not exceed the export amount. The increased import quotas are considered for adjustment and addition to the granted import quotas within the current year or the following year upon request. Article 26. Procedures of allocation, adjustment, supplementation and cancelation of allocation of controlled substance manufacture/import quotas 1[71]. Organizations specified in Points a and b Clause 1 Article 24 hereof shall be considered manufacture/import quota allocation of the controlled substances. 2. According to the regulations in Articles 24 and 25 hereof, within 30 working days, the Ministry of Agriculture and Environment[72] shall consider allocation of manufacture/import quotas to the organizations according to the regulations in Form No. 03A of Appendix VI issued herewith by the following activities: a) Reviewing and assessing registration information and reporting using status of controlled substances of organizations; b) Comparing the total national consumption with goals and requirements of management of the controlled substances; c) Organizing site inspection in order to verify registration information, assess documents about manufacture capacity and technology if necessary; d) Asking for opinions in writing of the Ministry of Industry and Trade on quota allocation plan. The Ministry of Industry and Trade shall provide opinions within 10 working days after receiving the enquiry form. 3. The organization that wishes to have manufacture/import quotas of the controlled substances adjusted or increased shall submit a request application according to Form No. 04 of Appendix issued herewith to the Ministry of Agriculture and Environment[73] in person, online or by portal service before July 10 every year. Quota shall be adjusted or increased in order of quota allocation. The Ministry of Agriculture and Environment[74] shall consider and decide adjustment or increase of manufacture/import quotas within 30 working days according to Form No. 03B of Appendix VI issued herewith. 4. The climate change authority shall notify allocation, adjustment and increase of controlled substance manufacture/import quotas to the applying organization within 03 working days according to Form No. 05B of Appendix VI issued herewith. 5[75]. A notification of allocation, adjustment or increase of import quotas serves as a basis for the customs authority to control and process customs procesdures for imported controlled substances. In cases where the administrative procedures cannot be followed or have not yet been followed through the Vietnam National Single Window, the climate change authority will update and publish a Notification of the allocation, adjustment, and increase of import quotas for controlled substances on the Vietnam National Single Window for the customs authority to reference and control the import of goods as prescribed. In the event that the Vietnam National Single Window experiences a malfunction or is unable to exchange or provide information electronically due to a force majeure situation, the importing organization shall submit one photocopy of the Notification of allocation, adjustment, and increase of import quotas for controlled substances through the customs authority's electronic data processing system of to the customs authority. 6. The Ministry of Agriculture and Environment[76] shall cancel allocation of controlled substance manufacture/import quotas according to Form No. 06 of Appendix VI issued herewith in the following cases: a) Information in the report prescribed in Point b Clause 1 of this Article is incorrect; b) The decision on allocation, adjustment or increase of controlled substance manufacture/import quotas is illegally used or transferred; c) Other violations according to the law. The climate change authority shall notify cancelation of controlled substance manufacture/import quota allocation to the relevant authorities and organizations within 03 working days from the date of the decision on cancelation of the quota allocation. 7. The Ministry of Agriculture and Environment[77] shall appoint a climate change authority to review, assess and monitor registration, report and other activities for allocation, adjustment and cancelation of controlled substance manufacture/import quotas. 8[78]. The Ministry of Agriculture and Environment shall cooperate with the relevant state management authorities in connecting the Vietnam National Single Window with online public service systems under their management for quota allocation and import management of the controlled substances on the systems. Article 27. National plan on management and phaseout of controlled ODSs and GHGs 1. The national plan on management and phaseout of controlled ODSs and GHGs shall be applicable to the national agreements on ozone layer protection to which the Socialist Republic of Vietnam is a signatory; conditions of management and phaseout of the controlled ODSs and GHGs in Vietnam. 2. Major contents of the national Plan on management and phaseout of controlled ODSs and GHGs include: a) Assessment of the current use, management and phaseout of the controlled ODSs and GHGs effects are controlled; estimate of changing trends; goals, roadmap, targets of the plan; b) Phaseout and sum of the controlled ODSs and GHGs under periods and industries that they are used; c) Measures for management and phaseout of the controlled ODSs and GHGs; solutions for cooperation and share of information; d) Responsibilities of organizations, individuals and relevant units in implementing the plan. 3. The Ministry of Agriculture and Environment[79] shall take charge and cooperate with ministries, ministerial agencies, Governmental agencies in formulating and submitting the national Plan on management and phaseout of controlled ODSs and GHGs to the Prime Minister before December 31, 2023. 4[80]. The roadmap for managing and eliminating controlled substances contained in devices, products or controlled substances used to manufacture equipment and products specified in Table 01 of Appendix VI enclosed herewith; the implementation shall be carried out according to the guidance of the Minister of Agriculture and Environment. Article 28. Collection, reuse, recycling and disposal of the controlled substances. 1[81]. Entities owing devices which contain the controlled substances specified in Point d Clause 1 Article 24 hereof shall collect, reuse, recycle and dispose the controlled substances according to the following principles: a) Controlled substances must be collected as soon as they are no longer used in the equipment/products from January 01, 2024; b) It is recommended to recycle or reuse the controlled substances after collecting them; c) The controlled substances must be destroyed according to the law on management of harmful wastes in case they are not recycled or reused; d) Annual reports on the use of the controlled substances must be done according to the regulations in Clause 6 Article 24 hereof. 2. Collection, transport and storage of controlled substances shall be carried out as follows: a) The controlled substances that are produced during the process of installing, fixing and maintaining of separate products and equipment shall be collected, transported and stored according to this Decree; c) In case the controlled substances may be recycled or reused after being collected, the recycling and reuse shall be carried out according to the regulations of the Ministry of Agriculture and Environment[82]; c[83]) The disposal shall be carried out according to laws on management of harmful wastes in case recycling or reuse is not possible. 3. Collection, transport and storage of the controlled substances must meet the following requirements: a) There are necessary equipment for collection of the controlled substances including collecting machines, containers, vacuum pump, batching scale, leak test equipment, pressure gauge and safety tools; b) There are technicians satisfying the regulations in Clause 4 Article; c) There are procedures for safe collection, transport and storage according to the Ministry of Agriculture and Requirement[84]. 4. The technicians who install, operate, maintain, prepare the equipment containing the controlled substances must have suitable diplomas and certificates or certificates of completing training courses on collection and disposal of the controlled substances under the programs developed by the Ministry of Education and Training[85] in cooperation with the Ministry of Agriculture and Environment[86] in formulating. 5[87]. Entities manufacturing and importing devices and products which contain or are manufactured from the controlled substances with a nominal cooling capacity of less than 26,5 kW (90.000 BTU/h) or an electric power of less than 40 kW are responsible for collecting, recycling and disposing the controlled substances of the devices and products in accordance with the principles set forth in clause 1 of this Article, starting from January 1, 2028. 6. The Ministry of Agriculture and Environment[88] shall formulate and promulgate the national technical regulations on collection, transfer, store, recycling, reuse and disposal of the controlled substances before October 31, 2023. 7[89]. The Ministry of Agriculture and Environment shall regulate the qualifications of technicians performing the installation, operation, maintenance, and repair of devices containing controlled substances. Article 29. Responsibility for management of the controlled substances 1[90]. The Ministry of Agriculture and Environment is the national presiding agency which is in charge of implementation of the Vienna Convention and the Montreal Protocol, takes responsibility for state management of controlled substances to the Government. The Ministry of Agriculture and Environment shall take charge and cooperate with relevant ministries and central authorities in: a) Implementing management of the controlled substances according to international treaty on ozone layer protection in which Vietnam is a signatory; allocating, adjusting or increasing manufacture/import quotas of HCFCs and HFCs by period and year; managing and issuing licenses for import/export of Methyl bromide for the purposes prescribed in Clause 4 Article 22 hereof; b) Formulating and proposing promulgation of the National plan on management and elimination of the controlled substances by the Prime Minister; issuing, amending and supplementing lists, user manuals and regulations on management of controlled substances according to the commitments to implement the international treaty on ozone layer protection in which the Socialist Republic of Vietnam is a signatory; c) Formulating and operating the online public service system on registration, reporting, allocation and management of manufacture/import quotas of the controlled substances; connecting with the Vietnam National Single Window on management of the controlled substances; d) Implementing national duties for the Montreal Protocol; cooperating with the presiding agencies of other nations in carrying out measures of compliance with the Montreal Protocol of Vietnam; dd) Inspecting, examining and supervising registration, reporting and use of quotas; managing and guiding the implementation of regulations on collection, reuse, recycling and disposal of controlled substances; e) Organizing implementation of assigned contents according to the Law on Environmental Protection, this Decree and other missions relevant to management of the controlled substances. 2[91]. The Ministry of Industry and Trade shall cooperate with the Ministry of Agriculture and Environment in allocating, adjusting and increasing manufacture/import quotas for controlled substances. 3. The Ministry of Agriculture and Environment[92] shall take charge and cooperate with relevant ministries and ministerial agencies in: d) Managing and issuing licenses for import/export of Methyl bromide for the purposes prescribed in Clause 4 Article 22 hereof; b) Connecting the Vietnam National Single Window with the online public service system on management of Methyl bromide of the Ministry of Agriculture and Environment[93]; c) Providing, sharing information and figures about controlled substances under their management and submitting them to the national presiding agency for preparation of the national report on implementation of the Montreal Protocol in Vietnam before January 30 each year according to Form No. 07 of Appendix VI issued herewith and when the national presiding agency requests. 4. The Ministry of Finance shall take charge and cooperate with the Ministry of Agriculture and Environment[94], relevant ministries and ministerial agencies in: a) Cooperating in management and control of import/export of controlled substances on the Vietnam National Single Window; c) Providing, sharing customs information and data about the import/export of substances and goods containing controlled substances under their management and submitting them to the national presiding agency for preparation of the national report on implementation of the Montreal Protocol in Vietnam before January 30 each year according to Form No. 08 of Appendix VI issued herewith and when the national presiding agency requests. 5[95]. The Ministry of Education and Training shall take charge and cooperate with the Ministry of Agriculture and Environment in: a) Formulating and implementing programs of training, refresher training, issue of certificates, confirmations for entities working in the sectors relevant to the controlled substances; b) Integrating contents relevant to controlled substances in the regulations on the minimum amount of knowledge and capacity requirements that learners can achieve after graduating from the intermediate or college level for the professions in related industries; c) Issuing vocational training certificates to technicians working in sectors related to controlled substances. 5a[96]. The Ministry of Home Affairs shall take charge in formulating and issuing national technical regulations on occupational safety for refrigeration and air conditioning systems. 6. The Ministry of Public Security, the Ministry of Industry and Trade, the Ministry of Defense, ministries and central authorities, the provincial People’s Committees under their management shall cooperate with the Ministry of Agriculture and Environment[97] in preventing and discovering violations on management, control, minimization and phaseout of the controlled substances. 7. The Department of Agriculture and Environment[98] shall take charge and cooperate with relevant ministries and ministerial agencies in: a) Supervising the phaseout process and regulations on collection, recycling, reuse or destruction of controlled substances of organizations in their provinces; b) Providing information and data relevant to organizations using controlled substances in their provinces at the request of the state competent authorities; c) Handling under competence or reporting violations on management and phaseout of the controlled substances to the competent authorities according to this Decree and the relevant law. Chapter IV MEASURES FOR PROMOTION OF GHG EMISSION MITIGATION AND OZONE LAYER PROTECTION Article 30. Formulation and implementation of cooperation mechanisms and methods 1. The Ministry of Agriculture and Environment[99], which is the presiding agency implementing international Conventions and treaties on GHG emission mitigation and ozone layer protection shall take charge of negotiation on formulating, implementing and providing information about implementation status of cooperative mechanisms and methods according to the national treaties on GHG emission mitigation and ozone layer protection in which the Socialist Republic of Vietnam is a signatory. 2. Ministries, ministerial agencies, socio-political organizations, the provincial People’s Committees shall formulate and execute bilateral/multilateral cooperation programs/projects on GHG emission mitigation and ozone layer protection. Article 31. Research and development 1. Research and development, and transfer of technology for the purpose of GHG emission mitigation and ozone layer protection shall be carried out according to the law on Science and technology. 2. The Ministry of Science and Technology, the Ministry of Agriculture and Environment[100] and relevant ministries and central authorities shall carry out research and development, and transfer of technology for GHG emission mitigation and ozone layer protection in order to achieve the national and industrial objectives in each period. Article 32. Improvement of capacity and raise of awareness 1. Ministries, ministerial agencies, the provincial People’s Committees shall disseminate information on mass methods, promote international cooperation to improve capacity and awareness of the community and mobilize citizens to take part in the GHG emission mitigation and ozone layer protection. 2. Measures to improve capacity and raise awareness include: a) Improving capacity of officials for GHG emission mitigation and ozone layer protection; b) Training and developing specialized officials in charge of GHG inventory; measuring, reporting and verifying GHG emission mitigation of facilities, industries and localities; setting, operating, maintaining and fixing equipment containing the controlled substances by technicians; c) Universalizing contents of GHG emission mitigation and ozone layer protection by education system at all levels and mass methods; d) Including GHG emission mitigation and ozone layer protection activities in activities of scientific and technical associations, socio-political-professional organizations, socio- professional organizations and other organizations; dd) Organizing showrooms for products and technologies and organizing invention contests on GHG emission mitigation and ozone layer protection. Article 33. Promotion of GHG emission mitigation and ozone layer protection 1. GHG emission mitigation and GHG destruction may apply the carbon credit cooperation, exchange and offsetting mechanisms according to Article 20 hereof. 2[101]. Organizations and individuals studying application, transfer and development of technology for GHG emission mitigation, sustainable cooling that is climate-friendly and protect the ozone layer, and recycling of controlled substances shall be entitled to incentives as prescribed by the law on science and technology and high technology. 3[102]. Organizations and individuals changing technology for GHG emission mitigation, sustainable cooling that is climate-friendly and protect the ozone layer; providing services of collection, recycling and disposal of controlled substance shall be eligible for incentives and support according to Article 141 of the Law on Environmental Protection and relevant guiding documents. Chapter V IMPLEMENTATION CLAUSES Article 34. Entry into force 1[103]. This Decree comes into force from July 01, 2022. 2. Organizations that are allocated quotas to import HCFCs before the effective date of this Decree; organizations that have registered for import quotas for HCFCs in 2022 are not required to carry out registration procedures prescribed in Clause 1 Article 24 of this Decree. Article 35. Responsibility for implementation [104] 1. The Minister of the Ministry of Agriculture and Environment are responsible for guidance, examination and implementation of this Decree. 2. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People's Committees of provinces and central-affiliated cities are responsible for implementation of this Decree. CERTIFIED BY MINISTER DEPUTY MINISTER Le Cong Thanh [4] This clause is amended as prescribed in point a clause 2 Article 1 of Decree No. 119/2025/ND-CP dated June 09, 2025 of the Government on amendments to certain appendices of Decree No. 06/2022/ND-CP dated January 07, 2022 of the Government on GHG emission mitigation and ozone layer protection, which comes into force from August 01, 2025. [4] This clause is amended as prescribed in point b clause 2 Article 1 of Decree No. 119/2025/ND-CP dated June 09, 2025 of the Government on amendments to certain appendices of Decree No. 06/2022/ND-CP dated January 07, 2022 of the Government on GHG emission mitigation and ozone layer protection, which comes into force from August 01, 2025. [5] This clause is amended as prescribed in point c clause 2 Article 1 of Decree No. 119/2025/ND-CP dated June 09, 2025 of the Government on amendments to certain appendices of Decree No. 06/2022/ND-CP dated January 07, 2022 of the Government on GHG emission mitigation and ozone layer protection, which comes into force from August 01, 2025. [6] This clause is amended as prescribed in point d clause 2 Article 1 of Decree No. 119/2025/ND-CP dated June 09, 2025 of the Government on amendments to certain appendices of Decree No. 06/2022/ND-CP dated January 07, 2022 of the Government on GHG emission mitigation and ozone layer protection, which comes into force from August 01, 2025. [7] This clause is amended as prescribed in point dd clause 2 Article 1 of Decree No. 119/2025/ND-CP dated June 09, 2025 of the Government on amendments to certain appendices of Decree No. 06/2022/ND-CP dated January 07, 2022 of the Government on GHG emission mitigation and ozone layer protection, which comes into force from August 01, 2025. [8] This clause is amended as prescribed in point e clause 2 Article 1 of Decree No. 119/2025/ND-CP dated June 09, 2025 of the Government on amendments to certain appendices of Decree No. 06/2022/ND-CP dated January 07, 2022 of the Government on GHG emission mitigation and ozone layer protection, which comes into force from August 01, 2025. [9] This clause is amended as prescribed in point g clause 2 Article 1 of Decree No. 119/2025/ND-CP dated June 09, 2025 of the Government on amendments to certain appendices of Decree No. 06/2022/ND-CP dated January 07, 2022 of the Government on GHG emission mitigation and ozone layer protection, which comes into force from August 01, 2025. [14] This clause is amended as prescribed in point a clause 3 Article 1 of Decree No. 119/2025/ND-CP dated June 09, 2025 of the Government on amendments to certain appendices of Decree No. 06/2022/ND-CP dated January 07, 2022 of the Government on GHG emission mitigation and ozone layer protection, which comes into force from August 01, 2025. [16] This point is amended as prescribed in point b clause 3 Article 1 of Decree No. 119/2025/ND-CP dated June 09, 2025 of the Government on amendments to certain appendices of Decree No. 06/2022/ND-CP dated January 07, 2022 of the Government on GHG emission mitigation and ozone layer protection, which comes into force from August 01, 2025. [19] This point is amended as prescribed in point a clause 4 Article 1 of Decree No. 119/2025/ND-CP dated June 09, 2025 of the Government on amendments to certain appendices of Decree No. 06/2022/ND-CP dated January 07, 2022 of the Government on GHG emission mitigation and ozone layer protection, which comes into force from August 01, 2025. [20] This point is amended as prescribed in point b clause 4 Article 1 of Decree No. 119/2025/ND-CP dated June 09, 2025 of the Government on amendments to certain appendices of Decree No. 06/2022/ND-CP dated January 07, 2022 of the Government on GHG emission mitigation and ozone layer protection, which comes into force from August 01, 2025. [21] This clause is annulled as prescribed in point c clause 4 Article 1 of Decree No. 119/2025/ND-CP dated June 09, 2025 of the Government on amendments to certain appendices of Decree No. 06/2022/ND-CP dated January 07, 2022 of the Government on GHG emission mitigation and ozone layer protection, which comes into force from August 01, 2025. [43] This clause is amended as prescribed in point h clause 7 Article 1 of Decree No. 119/2025/ND-CP dated June 09, 2025 of the Government on amendments to certain articles of Decree No. 06/2022/ND-CP dated January 07, 2022 of the Government on GHG emission mitigation and ozone layer protection, which comes into force from August 01, 2025. [68] This clause is supplemented as prescribed in point c clause 21 Article 1 of Decree No. 119/2025/ND-CP dated June 09, 2025 of the Government on amendments to certain articles of Decree No. 06/2022/ND-CP dated January 07, 2022 of the Government on GHG emission mitigation and ozone layer protection, which comes into force from August 01, 2025. [95] This clause is amended as prescribed in point c clause 26 Article 1 of Decree No. 119/2025/ND-CP dated June 09, 2025 of the Government on amendments to certain articles of Decree No. 06/2022/ND-CP dated January 07, 2022 of the Government on GHG emission mitigation and ozone layer protection, which comes into force from August 01, 2025. [96] This clause is supplemented as prescribed in point d clause 26 Article 1 of Decree No. 119/2025/ND-CP dated June 09, 2025 of the Government on amendments to certain articles of Decree No. 06/2022/ND-CP dated January 07, 2022 of the Government on GHG emission mitigation and ozone layer protection, which comes into force from August 01, 2025. [103] Article 2 of Decree No. 119/2025/ND-CP dated June 09, 2025 of the Government on amendments to certain articles of Decree No. 06/2022/ND-CP dated January 07, 2022 of the Government on GHG emission mitigation and ozone layer protection, which comes into force from August 01, 2025, provides for: “Article 2. Implementation clauses This Decree comes into force from August 01, 2025.” [104] Article 3 of Decree No. 119/2025/ND-CP dated June 09, 2025 of the Government on amendments to certain articles of Decree No. 06/2022/ND-CP dated January 07, 2022 of the Government on GHG emission mitigation and ozone layer protection, which comes into force from August 01, 2025, provides for: “Article 3. Responsibility for implementation 1. Ministries, ministerial agencies, Governmental agencies, and the provincial People's Committees are responsible for guiding the implementation of the articles and clauses assigned in this Decree and reviewing the issued documents to amend or replace them in accordance with the provisions of this Decree. 2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of people’s committees of all levels, and relevant organizations and individuals shall implement this Decree.” ------------------------------------------------------------------------------------------------------ This translation is made by THƯ VIỆN PHÁP LUẬT, Ho Chi Minh City, Vietnam and for reference purposes only. Its copyright is owned by THƯ VIỆN PHÁP LUẬT and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed