Law on Economical and Efficient Use of Energy (50/2010/QH12)

Article 1. Scope of regulation users. This Law provides economical and efficient 7. Energy label means a label providing li se of enp.reY; policies an d measures to promote information on used energy, energy consumption economical and efficient use of energy; and the level and energy yield and other information rig hts, obliga tions and responsibiliti es of helping consumers know and select energy- organizations, households and individuals in saving devices and equipment. economical and efficient use of energy. 8. Energy labeling means sticking, attaching,

Article 2. Subjects of application printillg or carving an energy label toa product or packaging. ThisLaw appliesto organizations, households 9. Energy yield means the indicator showing and individuals using energy in VIetnam. the device's or equipment's capacity to convert

Article 3. Interpretation of terms used energy into useful energy. In this Law, the terms below are construed as 10. Minimum energy yield means the lowest follows: energyyield level set bya competent stateagency for an eneigy-cousuruing device or equipment 1. Energy includes fuel, electric and thermal energy directly attained or attained through the below which such deviceor equipmentls subject processing of unrcncwablc and renewable energy to special control. resources. I I. Energy-saving product means a device or equipment with high energy yield and well- 2. Un renewable energy resources include insulated materials conformable with technical coal,coal gas, petroleum oil, natural gas,uranium standards and regulations provided by competent ores and other unrenewable energy resources. state agencies. 3. Renewable energy resources include water power, wind power, sunlight, geotherrny, biofuel Article 4. Principles of economical and and other renewable energy resources. efficient use of energy 4. Fuel means forms of substances directly 1. To conform with energy strategies and m::r.rl or prnre~.c;ed for use- as fuel masterplans and policies on energy security and environmental protection. 5. Economical and efficient use of energy mean s the app lica tion of manage ria l and 2. Tobeimplementedregularly and uniformly technical measures to reduce energy loss and from energy resource management and consumption of devices and equipment while exploitation to final use. meetingdemands andrequirementsof production 3. To be the res ponsib il ities of state 62 OFFICIAL GAZETTE Issue nos01·03/Seplember2010 (Gong Bao nos 562·5631Seplember 23, 2010) management agencies and rights and obligations bl To estimate energy supply and demand in of organizations, households, individuals and the conformity with socio-eco nomic development entire society. strate gies, ma ste r pl an s and pl ans ; to harmoniously and proportionally combine coal. Article S. Stale policies UII economical ami oil and gas, and electricity planning with other efficient use of energy energy planning; I. Application of measures to usc energy cl To promote economical and efficient use economically and efficiently for socia-economic of energy, prioritize reasonable development of development is a top priority. clean energy technologies and raise renewahle 2. To provide financial support and energy energy use rates; price subsidy and other necessary incentives to dl To devise and implement a roadmap to promote economical and etncient use at energy. manufacture energy-saving devices, equipment 3. To increase investment in, diversify and construction materials, res ource-raising forms to promote, scientific 'l.. The Prime Minister sh all direct the research. development and applic ation of elaboration and implementation of energy use advanced technologies using energy strategies. master plans and programs. economically and efficiently; to develop renewableenergy suitable to Vietnam' s potential Article 7. Energy use statistics and conditions, contributing to ensuring energy The Mini stry of Industry and Trade shall security and environmental protection. assume the prime responsibility for, and 4. To encourage the use of energy-saving coordinate with the state management agency in devices and equipment; to implement an energy charge of statistical work in, submitting to the labeling roadmap; to step by step eliminate Government for promulgation statistical devices and equipment of backdated technologies indicators on energy use within the national and low energy yield. statistical indicator system under this Law and the law on statistical work. 5. To encourage the development uf counseling services; and rationally invest in information Article 8. Prohibited acts dissemination, education and support for 1. Desuoyiug national energy resources. organizations, households and individuals to use energy economically and efficiently. 2. Making forgeries or committing frauds to enjoy state incenti ves for economical and

Article 6. Energy use strategies, master plans efficient use of energy. and programs 3. Taking advantage of positions and powers I. Energy use strategies. master plans and in the management of economical and efficient programs must meet the following requirements: use of energy for self-seeking purposes. al To supply energy stably and safely; to 4. Intentionally providing untruthful ra tiona ll y and economicall y use e ne rgy information on the energy yield of devices and resource s; e quipment in enerey lahelin g , inspection . Issue nos 01·03/September 2010 OFFICIAL GAZETTE 63 (Gong BaD nos 562-563/September 23, 2010) advertising and other activities which harm the use of natural light and ventilation; int er est s nf the StatP. and lawful rights and d/ To operate, upgrade and maint ain devices interests of organization s, households and and equipment of production lin es to prevent individuals. energy loss ; 5. Manufacturing, importing or circulating el To gradually eliminate devices and energy-consuming devices and equipment on the equipment with outdated and energy-intensive list of those subject to elimination promulgated techn ologi e s under th e Prim e Mini ster 's by a competent state management agency. regulations. 3. The Ministry of Industry and Trade shall Chapter II assume the prime responsibility for, and ECONOMICAL AND EFFICIENT USE OF coordi na te with c oncerned ministries and ENERGY IN INDUSTRIAL PRODUCTION minister ial-le vel ag en ci es in , promulgating technical regulations and norms on energy use

Article 9. Indu strial producers ' responsi- applicable to each industry. bilities for economical and efficient use of energy I. Industrial producers include manufacturers ,

Article 10. Measures for economical and efficient use of energy applicable to producers, processors and subcontract processors of processors and subcontract produc ers of products produ cts and goods; manufacturers and repai rers and goods of device s and equipment ; min ing establishments; and energy producers and Producers, processors and subcontract suppliers. produce rs of products and goods shall, based on standards, techni cal regulations and norms on 2. Industrial producers shall: energy use, select and apply the following aJ Elaborate and implement annual plans on technological and managerial measures: econom ic al and effic ie nt use of energy ; 1. Modernizing lines for production, incorporate energy management programs with proces sing a nd subcontrac t pr oduction of their programs on quality control, cleaner products and goods; replacing equipment with production and environmental protection; outdated technologies and low energy yield to bl Apply standards, technical regulations and save energy and protect the environment; norm s on energy use provided by competent state 2. Improving and streamlining the processes agencies; select and apply advanced production of: management processes and models, appropriate techn ol ogic al measures and equipme nt and aJ Burning fuels in steam boilers and smelting, baking and drying furnaces; technologies with hi gh energy yield; use substitute energies with higher efficiency in bl Heat exchange in heat and cold intensifiers; production lines; cl Converting thermal into electric energy, cl Apply technical measures and workshop electric into thermal and mechanical energy and archit ecture to make the optima l use of lightin g, other forms of energy conversion; ventilation and cooling systems; to make the best 3. Making use of redundant heat emitted from t t '&1 t " if t " 64 OFFICIAL GAZETTE Issue nos 01 ·031September2010 (G6ng Baanos 562-5631September 23, 2010) steam boilers and smelting and baking furnaces Mining establis hments shall, based on and emitted hot steam for production and life; standards , tech nical regulations anri norm s on 4. Taking technical measures to reduce energy energy use, select and apply the followi ng loss in electricity and heat supply systems; technological and managerial measures: 5. Using electric motors, steam boilers and 1. Applying reasonable mining processes to pumps with high yield, inverters and motor speed reduce consumption of fuels, electricity and contro llers fo r 'installation, co nstruc tio n, water supplied to minin g devices and equipmen t, replacement and repair of works; 2. Selecting devices and equipment meeting 6. Applying cogeneration technologies to mi ni ng c ondi tio ns of min f"'S to raise mini ng processors. subcontract producers and producers capacity while saving energy; of products and goods with potential to develop 3. Applying energy-saving technologies to additional electric and thermal charges. mineral screening, sortin g, processing and transportation;

Article 11. Measures for economical and efficie nt use of ene rgy appl icable to 4, Reasona bly desig ning and installing manufacturers and repairers of devices and ventilation systems in pits to ensure economical equipment and efficient use of energy. Manufacturers and repairers of devices and Article 13. Measures for economical and equipment shall, based on standards, technical efficient use of energy applicable to energy regulations and norms on energy use, select and producers and suppliers apply the following technological and managerial I. Energyproducers and suppliers shall. based measures; on standards, technical regulations and norms on 1. Elaborating and implementing plans to energy use,applythe following technologicaland replace outdated technologies; installing new- managerial measures: generation tool machines of modern and highly a! Selecting technologies with high energy automated technologies; yield; fully installing measuring devices and 2. Apply ing baking, smelting, forming, examining their operationparameters; regularly forging, molding, milling, lathing and processing adjusting and maintaining furnaces, machines technologies which have been proved in reality and accessories in electric power plants to ensure to be energy-economical and -efficient; that the plants' general yield reach their designed 3. Installing inverters and e lectric motor speed yield; controllers for bridge cranes, lifting equipment bl Making use of emitted heat and steam of and vehicle s in workshops based on their high temperature for the burning and drying of capacity; rationalJy arranging production lines fuels and heating of water supplied to furnaces to save energy. in order to raise electric generation yield of

Article 12, Measures for economical and turbine units; efficient use of energy applicable to mining cl Power generating establish ments are establishments subject to nationalpowersystemregulatingunits' '! Issue nos 01·03/September2010 OFFICIAL GAZETTE 65 (Gong Baa nos 562-563/September 23, 2010) mobilization and shall elaborate and implement efficient use of energy applicable to construction plans to reduce self-consumed power; 1. Applying planning and architectural d/ Hydro-pow er plant s sha ll obser ve designing solutions suitable to natural conditions processes to operate reservoirs or reservoir in order to reduce energy con sumption for systems, meet requirements on safe power lighting, ventilation. cooling and heating. generation and join efforts to supply water for 2. Using heat-insulated materials conformable production and lire; with.applicable national or foreign standards on e/ Electricity transmission and distribution energy yield announced or recognized by units shall elaborateprograms, plans and norms competent state agencies in order to reduce on and specify roadmaps for power lossreduction thermaltransmission throughwalls,roofs, doors in the electricity transmission and distribution and windows. system; 3. Using and installing devices and equipment f/ Fuel exploiters and suppliersshall use safe with high energy yield which are designed and and appropriate depots and vehicles to reduce manufactured in conformity withapplicablc fuel loss and prevent environmental pollution and national or foreign standards on energy yield energy waste; announced or recognized by competent state g/ Coal, oil and gas exploiters shall adopt agencies. plans to salvageassociated gas and other energy 4. Using automatic management and control rescuices. systems to operate energy-consuming devices 2. Construction of coal-, oil-, or gas-fired and equipment suitable to the sizes of works. turbine units of outdated technologies and low 5. Installing electric and thermal measuring yield is disallowed under the Prime Minister's devices, temperature controllers and controllers regulations. of electric andthermalsupply systems indifferent

Article 14. Cottage industrial producers' positi ons of building s suitable to weather responsibilities for economical and efficient use conditions and use purposes. of energy 6. Usingenergy-savmgbuilding materials and non-baked materials, installing devices using Cottage industrial producers shall select and ,010r energy and biogas in construction works. applytechnologrcat and managerial measures for economical and efficient use of energy defined 7. Applying standards, technical regulations in Articles 9. 10 and 11 of this Law relevant to and norms on economical and effici ent use of their sizes and production lines. energy to construction works. Chapter III Article 16. Statemanagement responsibilities for economical and efficient use of energy in ECONOMICAL AND EFFlCIENT USE OF construction ENERGY IN CONSTRUCTION AND PUBLIC LIGHTING 1.The Ministryof Construction shall assume the prime responsibility for. and coordinate with

Article 15 . Measures for economical and theMinistry ofIndustry and Tradeand concerned ! , 66 OFFICIAL GAZETTE Issue nos 01·03/September 2010 (Cong BaDnos 562·5631September 23, 2010) min istri es and mini steria l-level agen cies in, for economical and efficient use of energy in promulgating energy usc norms and technical public lighting reg ulatio ns on designing, construc tion and 1. T he Mini stry of Cons truction shall building materials for economical and efficient promulgate technical standards and regulations use of energy. on public lighting, guaranteeing economical and 2. People's Committee s of provi nces and efficient use of energy. c entrall y ru n cities (be low refe rr ed to as 2. The Ministry of Science and Technology provincial-level People' s Committee s) shall shall announce national standards on energy yield uniformly apply measures to closely manage and in public lighting. c ontr ol the obs ervan ce of regu latio ns on 3. Provincial-level People' s Committees shall ec ono mical and efficie nt u se of energy in uniformly apply measures to closely manage and construction activities in their localities. control the ohservance of regulations on power 3. State management agencies in charge of saving in public lighting. People's Committees construction shall examine and promptly handle of districts, towns, provincial cities, communes, vio latio ns of regul ations on economical and wards and townships shall manage public efficient use of energy for works under lighting accordi ng to their decen traliz ed construction or upgrading; and will not license competence. construction works that fail to comply with energy use norms and technical regulatious Ioi Chap ter IV economical and efficient use of energy. ECONOMICAL AND EFFICIENT USE OF Ar ticle 17. Responsibilities for economical ENERGY IN TRANSPORT and efficient use of energy in public lighting

Article 19. Measures for econ omical and Investors and heads of pu blic lig ht ing efficient use of energy applicable to transport management units must meet the following requirements: 1. Organ izati on s and ind i vidu al s are encouraged to provilleconsultancy on and design 1. Ensuring that public lighting systems are and inves t in the development of mass transit designed hy standards and technical regulations networks; manufacture and use energy-saving for each work and area; prioritizing the use of vehicles; exploit and expand the application of high -yi el d lighting equipment that us es liquefied gas, natural gas, electricity, mixed fuels renewable energy and makes use of natural light: ami biofuels in replacemen t of petrol and oil. 2. Using lighting equipment recognized as 2. Transport service providers shall select and energy-saving products when repairing, replacing take the following measures: or installing public lighting equipment; aJ Optimizing transport routes and vehicles 3. Ope ra ting pu blic lig ht ing systems in order to raise energy use efficiency; appropriately by day time, seaso n, region and bl Elaborating and applying regulations on area. maintenance and repair of vehicles under their

Article 18. State management responsibihties management to reduce fuel consumption; Issue nos 01.03/September 2010 OFFICIAL GAZETTE 67 (Cong BaDnos 562·5ii31S8ptember 23, 2010) cl Applying technological, managerial and technical regulati ons and norms on energy o rganiza tional ao lut io ns to tran sp o rt f or consumption applicable to vehicles; economical and efficient use of energy. cl Direct and guide the elimination of expired 3. When building or upgrading transport vehicles or those failin g to reach the minimum works, investors and contractors shall: energy yield; al Apply so lutions for economica l and dI Guide transportenterprisesin streamlining efficient use of energy under approved projects; transport activities in order to raise energy use bl Apply mea sure s for economical . and efficiency of vehicles; efficient use of energy to wor k construction. el Plan the investment in and exploitation of mass transit systems, increasingly use railway

Article 20. Responsibilities of manufacturers and wa te rway networks in r-n mb ina rio n with and import ers of tran sport equipment and multimodal transport; vehicles fI Inspect the obser vance of energy 1. Manufacturers uf transport equipment and consumption norms applicable to vehicles. vehicles shall: 2. The Ministry of Industry and Trade shall aJ Observe technical regulations and norms guide vehicle manufacturers in observin g on energy consumption pro mulgated by technic al regulati ons and norms nn energy competent state agencies in the manufacture of consumption applicable to vehicles. transport equipment and vehicles; 3. The Ministry of Science and Technology bl Apply advanced technologies; enhance shall assume the prime responsibility for. and re searc h and manufacture of u anspoi l equipuieut coordi nate with concern ed mini stries and and vehicles which save energy, use clean fuels, mini steri al-level agencies in. announcing renewable energy and other substitute fuels. nation al standards on energy yield for vehicles 2. Importers of transport equipment and and environmentally friendly fuels used in vehicles shall observe regulations on energy use transport. norms promulgated by competent state agencies. 4. Within the scope of their tasksand powers,

Article 21. Statemanagement responsibilities People's Committees at different leve ls shall: for economical and efficient use of energy.in al Apply energy-saving measures to the transport planning and development of local transport L The Mini su y of Transport shall: systems; al Apply measures fo r economical and bl Rationally divide traffic lanes and flows; efficien t 1l fi; P: of p.np.rgy to the planning of road, provide operation hours for a number of kinds railway, waterway and airway transport systems; of vehicles. reducing traffic congestion to save bl Assume the prime responsibility for, and energy and protect the environment; coordinate with co ncern ed mini str ies and cl Perform other decentralized tasks of ministerial-level agencies in, elaborating and economical and efficie nt use of energy in pro m ulga ting ac c o rdin g to its com pe te nc e u anspou, a 68 OFFICIAL GAZETTE Issue nos 01·03/Seplember2010 (Gong Beonos 562-5631September 23, 2010) Chapter V 2. Rationally op erating and exploiting ECONOMI CAL AND EFFICIENT USE OF capacity of pumps in pump stations for water ENERGY IN AGRICULTURAL supply and drainage of irrigation systems. PRODUCTION Article 24, Power loss reduction and usc of renewable energy in agricultural production and

Article 22. Me asures for ec onomic al and rural areas efficient use of energy applicable to agricultural production I. Investing in and upgrading rural electric grids up to standards and technical regulations I. Planning on and organization of "eriCIIINlral for power safety and power loss reduction. producti on mu st meet requi rements on economical and efficient use of energy. 2. Encouraging production using local resources uf wale! aud wind power, sunlight, 2. Organizations, households and individuals bi oga s, ag ric ult ura l by-p roducts and ot her conducting' agricultural production shall select renewable energy resources. the fo llowing measures for ec ono mical and efficient use of energy: 3. Rationally developing under planning material plantation areas for biofuel production. al Applying scientific research and technological improvements to reach high energy Article 25. State management responsibilities yield for equipment for production, subcontract for economica l and efficient use of ene rgy in production , processin g, pre servati on and agricultural production transportation of agricultural products; 1. The Ministry of Agriculture and Rural bl Using clean and renewable energy Development shall: equipment and technologies in the production, at Guide the implementation of Articles 22 subcontract production, processing, preservation and 23, and Clauses 2 and 3, Article 24 of this and transportation of agricultural products and Law; trade development; bl Assume the prime responsibility for. and c/ Eliminate under roadmaps agricultural and coordinate with concerned ministries, fishing means, equipment and machinery with ministerial-level agencies and provincial-level outdated technologies and low energy yield under People's Comm ittees in, elaborating a master regulations of competent state agencies; plan on material plantation for biofuel production dI Propagate and disseminate knowledge and and submitting it to the Prime Minister for give counseling on economical and efficient use approva1. of energy. 2. Provinci al -lev el People's Committees

Article 23. Measures for economical and shall; efficient use of energy applicable to irrigation at Direct the elaboration and implementation I. Rationally planning irrigation systems, of local irrigation master plans; optimizing reservoirs and canals and making use bl Direct the implementation of the master of natural flows. plan on material plantation approved by the • • • • • • • • @jtJ13d~t.'6·!M" :" #§"'j:t&1;JIM Issue nos 01.Q3/September2010 OFFICIAL GAZETTE 69 (Gong BaD nos 562·5i6JlSeplember 23, 2010) Prime Minister; power-intensive equipment during peak hours; cl Enhance man agement and examination of 4. Building an energy-saving Iitestyle and the observance of regulations on economical and habit in using ligh ting equipment and home efficient use of energy in agricultural production. appliances. Chapter VI Ar ticle 28. State management responsibilities for economical and efficient use of energy in ECONOMICAl- AND EFFICIENT USE OF service provision and households ENERGY IN SERVICE PROVIS ION AND HOUSEHOLDS 1. Ministries and ministerial-level agencies shall, within the scope of their tasks and powers,

Article 26. Responsibilities for economical g uide the i mp le me ntation of tliis La w' s and efficient use of energy in service provision provisions on economical and efficient use of Owners of hotels, supermarke ts, restaurants, energy in service provision and households. shops. and entertainment. physical training ann 2. Within the scope of their tasks and powers, sports establishments and other service providers People's Committees at different levels shall: shall: at Propagate and mobilize service providers 1. Economically and efficiently usc energy and households to apply measures for economical in construction, lighting and management of and efficient use of energy; devices and equipment; b/Manage local service providers' observance 2. Limit the use of high-capacity and power- of regulations on economica l and efficie nt use inte ns ive equipment duri ng peak hours for of energy; lighting, deco ration and advertising; d Mobilize bouseholds to app ly the model 3. Control, re pair and maintain energy- of eco nomical and efficient use of energy: and consuming devices and eq uipm ent to reduc e join activities in economical use of energy. energy loss in service provision. Chapt er VII

Article 27. Measures for eco nomical and efficient use of energy applicable to households ECONOMICAL AND EFFICIENT USE OF ENERGY IN STATE-FUNDED The State encourages households to apply the INVESTMENT PROJECTS AND following measures for econo mical and efficient AGENCIES AND UNITS lI SC of energy: 1. Designing and building houses capable of Ar ticle 29. Economical and efficient use of utilizing natural light and ventilation; energy in state-funded investment projects 2. Using heat-insulated materials and home Investors of state-funded projects to build or applia nces bein g energy-saving prod ucts; upgrade infrastructure and construction works increasingly using devices and equipment using shall com ply with this Law suitable to eac h renewable energy; operation dom ain and other relevant laws on 3. Lim iting the use of high-capacit y and economical and effic ient use of energy in all 70 OFFICIAL GAZETTE Issue nos 01·031September2010 (Gong BaD nos 562-563/September 23, 2010) project stages. publicize energy use plans and measures and regulations on implement ation of these plans to

Article 30. Measures for economical and their cadres, civil servants and employees. efficient use of energy applicable to state budget- funded agencies and units 3. To examine, evaluate and reward or discipline cadres, civil servants and employees I. Annually, mini sters, heads of ministerial- of their agencies or units in implementingenergy level agencies and chairpersons of provincial- usc plans. level People's Committees shalldirecttheir state budget-funded agencies and units in elaborating Chapter Vlll and implementing plans on economical and MANAGEMENT OF ENERGY USE BY efficient use of energy, covering objectives , MAJOR USERS measures and norms for energy use in office building; and construction works under their Article 32. Major energy users management, and reporting on their energy Maj or energy users are esta hli shments consumption; elaborating and implementing annually using energy in large volume under the internal regulations on energy saving, ensuring Government's regulations. the operation of energy-consuming devices and equipment conformable with standards and The Ministry of Industry and Trade shall technical regulations. assume the prime responsibility for, and coordinate with mini stries , ministerial -lev el 2.Agencies andunitswithmajorenergy users agenci es and provincial-level Peopl e ' s are subject to energy audit. Committees in, proposingthe Prime Minister to 3. The PrimeMinister shall promulgate a list annuallypromulgate a list of major energy users. of energy -sav ing devices and eq uipme nt

Article 33. Responsibilities of major energy peuuiued for furnishing and proeUi eruent; awl users notify lists of state budget-funded agencies and units which are rewarded for, or sanctioned for 1. In addition to complying with this Law violations of regulations on, economical and applicable to relevant operation domains, major efficient use of energy. energy users shall: aJ Elaborate and implement annual and five-

Article 31. Responsibilities of heads of state year plans on economical and efficient use of budget-funded agencies and units for energy in line with their productionand business implementation of plans on economical and plans; report to competent local state agencies efficient use of energy on the implementation of these plans; 1. Annually, to elaborateenergy-saving plans bl Work out regimes on responsibilities of and measures; issue energy use regulations of collectives and individuals involved in the their agencies or units. implementation of plans on economical and 2. Toregister energy useplans withlocal state efficient use of energy; management agencies in charge of energy; c/ Appointenergy managersunderArticle35 11& L .& Ed !J Issue nos 01·03/September2010 OFFICIAL GAZETTE 71 (C6ng Bao nos562·5631Seplember 23. 2010) of this Law; competence to grant, recognize and revoke dl On ce e very three years. conduct energy auditor certificates. compulsory energy audit;

Article 35. Conditions on and tasks of energy el Apply energy management models under managers of major energy users competent state agencies' guidance; I. The energy manager of a major energy user FI Observe regulations on economical and must fully meet the following conditions: efficient use of energy in the co nstr uction, a/ Holding a collegia l or higher degree in upgrading and expansion of establishments. energy or a relevant technica l discipline, for 2. The Ministry of Industry and Trade shall major energy users in industrial production, ass ume the pr ime res ponsibi lity for , and construction works and service provision; co ordi nat e wit h ministries. min isterial -level holding a relevant technical secondary or higher agencies and provincial-level Pe op le 's degree, for major energy users in agricultural Committees in; guiding major energy users in productlon and transport; formulating and implementing annual and five- bl Possessing an energy management year plans on economica l and efficient use of certificate granted by a competent agency. energy; and provide forms of annual and five- year reports. 2. An energy manager shall assist the head of a major energy user in performing the following

Article 34. Energy audit for major energy tasks: users a/ Elaborating annual and five-year plans on 1. Major energy users shall observe energy economical and efficient use of energy; audit regulations by conducting audit themselves bl Organizing energy use management or hiring an energy audit institution. networks; applying energy management models; 2. An energy audit institution must meet the cl Taki ng measures for economical and following conditions: efficient use uf energy under approved'objectives a/ Being a legal entity established under law; and plans; bl Having energy auditors possessing energy dJ Examining and evaluating the application auditor certificates ; of measures for economical and efficient use of cl Having technical devices and equipment energy; tor energy audit. el Monitori ng energy consump tion of 3. A major energy user may conduct energy equipment and the entire production line;changes audit itself when fully meeting the conditions ill energy consumption deruauds related to the speci fied at Poin ts band c, Clause 2 of this installation. upgrading and repair of energy - Article . consuming equipment; making regular reports 4. The Ministry of Industry and Trade shall under regulations; specify the order and procedures for energy audit; fl Organizing information work and training a nd train ing con te nts a nd program s a nd in energy use. @ 72 OFFICIAL GAZETTE Issue nos01.Q3/September 2010 (Gong Baonos 562·5631Seplember 23. 2010) 3. The Ministry of Industry and Trade shall consuming devices and equipment; provi de training contents and I'wgtalllS aud 2. Labeling energy-consurrung cevices and compet enc e to grant and reco gni ze ene rgy equipment; management certificates. J . Publicizing necessary informa tio n on

Article 36. State management responsibilities energy use of devices and equipment ; for major energy users 4. Eliminating devices and equipment with J. Competent state management agencie s in energy yield below the minimum level; charge of energy shall: 5. Handling violations of this Article. aI Regularly examine major energy users in Article 38. Elaboration and announcement of energy use; receive and keep their annual and energy yield standards and minimum energy five-yearreports on economical and efficient use yield of energy under regulations; J. The elaboration of energy yield standards 1.>1 Based on regular reports on energy usc of and minimnm energy yield for en ergy- major energy users provided in Article 33 of this consuming devices and equipment must meet the Law, request and guide them to adjust thei r following requirements: annual and five-year plans on economical and al Achieving energy sa ving and efficient lise of energy and energy use norms in confou uitv with their production and business environmental protection objectives; plans . bl Meeting national requirements for socio- 2. Major energy users that fail to comply with economic development, sc ie ntifi c and technological level s and regional and Articl es 33, 34 and 35 of this Law and other relevan t laws on economical and efficient use of international integration; energy shall be handled under law. cl Encouraging investment In, re search. production and supply of energy-saving products Chapter IX with high energy yield for the market. MANAGEMENTOFENERG~ 2. Once every 5 years, the Ministry of Science CONSUMING DE VICES AND and Technology shall announce energy yield EQillPMENT standards and minimum energy yield.

Article 37. Measures for eco nomica l and Article 39. Energy labeling efficient use of energy applicable to devices and 1. Devices and equipment on the list of those equipment subject to energy labeling shall be labeled prior The State shall apply the following measures to market sale. for economical and efficient use of energy for 2. Manufacturers and importers of devices and devices and equipment: equipment shall label devices and equipment J. Elaborating and announcing standards on after obtaining energy label certificates from energy yield. minimum energy yield for energy- competent agencies . jI Issue nos 01-03/September 2010 OFFICIAL GAZETTE 73 (Gong Baonos 562-5631September 23, 2010) 3. Energy label certificates shall be granted and equipment subject to elimination and after devices and equipment have been tested for implementation roadrnap suitable to national con formity wi th e ne rgy yi eld standards in socio-economic deve lopment conditions and laboratories. scientific and technological levels in each period. 4. The Ministry of Industry and Trade shall: Chapter X al Elaborate and propose the Prime Minister MEASURES TO PROMOTE ECONOMICAL to promulgate a list of devices and equipment AND EFFICIENT USE OF ENERGY subject to energy labeling and implementation roadmap; Article 41. Incentives for economical and bl Provide energy labeling contents and efficient use of energy specifications; I. Proj e ct s pro mo ting eco no mica l and cl Provide laboratories eligible for obtaining efficient use of energy shall be considered for r-ertifir-ates of testing in conformity with energy financial support from the national program on yield standards; economical and efficient use of energy. dl Pr ovide th e ord er and proc edures for 2 . Or gani zati on s and indiv idu al s th at granting energy label certificates for devices and manufacture energy-saving products and invest equipment; in production lines or expand production with el Provide the recognition of energy labels of energy-saving technologies are entitled to the imported devices and equipment. following incentives and supports: a/lncentives on import and export duties and

Article 40. Management of devices and enterprise income tax under the tax law; equipment with energy yield below the minimum level bl Incentives under the land law; cl Concessionalloans from the development I. Energy-consuming devices and equipment bank, th e fund for science and technology with energy yield below the minimum level shall development support, the national fund for be eliminated according to the list and roadmap technological renovation and the environment promulgated by the Prime Minister. faci lity and support., from the national programs 2. Devices and equipment with energy yield on hi-t ech development and economical and below the minimum level on the list of those efficient use of energy; subject to elimination may not be manufactured dl Other inc entives und er this Law and or imported. relevant laws. 3. The Ministry of Science and Technology 3. Devices, equipment, components and shall assume the prime responsibility for, and supplies for research to develop energy-saving coordinate with the Ministry of Industry and technologies and products. fuel-saving vehicles Trade and concerned ministries and ministerial- and those using liquefied gas, natural gas. level agencies in, making and proposing the electricity and mixed fuels and biofuels which Pri me Minister to promulgate a list of devices are domestic ally unavailable and on the list , 74 OFFICIAL GAZETTE Issue nos01·03/Seplember 2010 (Gong Bao nos 562·5631September 23, 2010) provided by the Government are entitled to environmental pollution ; import duty exemption or reduction under the fl Research and development of energies to tax law. substitute traditional fuels.

Article 42. Scien tific and techn ological Article 43. Propagation, education and development for economical and efficient use of dev el op ment of consultancy services for energy economical and efficient use of energy 1. The State encourages and creates favorable The State encourages and creates favorable conditions for organizations and individuals condi tions for organi zations and individuals to conducting scientific research, application and carry out the following activities: development of techn ologies using energy 1. Propagating and mobilizing to raise economically and efficiently, awareness about the observance of the law on 2. Ministries , ministerial-level agencies and economical and efficient use of energy; pro vin clat-Ievel People's Co m mittees shall allocate funds for and formulate programs on 2. Incorporating education about economical sc ientific and techn ol ogi c al re se arch into and efficient use of energy into school curricula economical and efficient use of energy. in appropriate forms; 3. Prioritized scientific and technological 3. Providing energy consultancy services for: re se arch, ap plication and dev elo pme nt tor aJ Energy audit; economical and efficient use of energy include: bl Tran sfer of e nergy-s avi ng and a/ Tech nologica l application and development environmentally friendl y technologies; to raise energy yield in industries , construction, cl Tra inin g in and co nsultancy on t he agriculture and transport; applicatio n of advanced energy management bl Application of technological solutions to models; manufacturing devices and equipment with high d! Consultancy on energy-saving measures for energy yie ld; improvement, renovation and energy users; upgrading of energy-consuming equipment; el Provision and dissemination of information c! App lication of solutions to economical and on economical and efficient use of energy; effici ent use of energy solutio ns to work fl Other services for economical and efficient designing and construction and building material use u f elltOlgy. production ; dI Development of cogeneration technology, Chapter Xl raising use coefficients of thermal turbine units; STATE MANAGEMENT technological solutions to increasing coefficients RESPONSIBILITIES FOR ECONOMICAL of mixed thermal energy use; AND EFFICIENT US E OF ENERGY el Development and use of clean coal, coal gasi fication and gas liquefaction technologies Article44. State management responsibilities wi th hig h energy yie ld wh ile mit ig ating for economical and efficient use of energy Issue nos 01 ·03/Seplember2010 OFFICIAL GAZETTE 75 (Gong Baa nos 562·5631Sepfember 23, 2010) 1. The Government shall uniformly perform 5. To condu ct sci enti fi c research and the state management of economical and efficient techn ol ogy ap pl ication an d tran sfer in use of energy nationwide. economical and efficient use of energy. 2. The Ministry of Industry and Trade shall 6. To inspect . examine, settle complaints and take responsibility before the Government for the denunciations and handle violations of the law state management of economical and efficient on economical and efficient use of energy under use of energy. law. 3. Ministries and ministerial-level agencies Article 46. Pr ov inc ia l- le ve l Peopl e's shall, within the scope of their tasks and powers. Committees' responsibilities for economical and perform the state management of economical and efficient use of energy efficient use of ene rg y as ass igned by the 1. To elaborate plans on economical and Government. efficient use of energy in line with local socio- 4. People's Committees at different levels economic development plans. shall, wlthln the scope of their tasks and powers, 2. To implement mechanisms, policie s and perform the state management of economical and plans on economical and efficient use of energy. efficient use of energy as decentralized by the Government. 3. To inspect, examine, settle complaints and denunci ations and handle violationsof the law

Article 45. The Ministry of Industry and on economical and efficient use of energy in their Trade's responsibilities for economical and localities under law. efficient use of energy Chapter XU 1. To promulgate according to its competence or propose co mpetent state age nc ies to IMPLEMENTATION PROVISIONS promulgate legal documents, strategies, master plans, policies, programs and plans on Article 47. Effect economi cal and effi cie nt use of ener gy and This Law takes effect on January I, 20ll. organize their implementation as assigned by the

Article 48. Implementation detailing and Government. guidance 2. To assume the prime responsibility for, and The Government shall detail and guide the coordinate with ministries, ministerial-level Law's articl es and clauses assigned to it; and agen ci e s and provin ci al level Peopl e' s guide other necessary contents of this Law to Committees in, performing the state management meet state management requirements. of economical and efficient use of energy. This Law was passed a ll June 17, 20ID. by 3. To organize a national energy database the X1F" Nati onal Assembly of the Soc ialist system. Republic of Vietnnnz at its 7th session.: 4. To participate in the propagation and education of the law on economical and efficient Chairman of the National Assembly use of energy. NGUYEN PHD TRONG am