Circular No. 01/2022/TT-BTNMT detailing the implementation of the Law on Environmental Protection regarding responses to climate change

CIRCULAR

Detailed regulations on implementing the Law on Environmental Protection concerning climate change response

Pursuant to the Environmental Protection Law dated November 17, 2020;

On the basis of Decision No. 36/2017/NĐ-CP dated April 4, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 119/2025/NĐ-CP dated June 9, 2025 of the Government amending and supplementing certain articles of Decree No. 06/2022/NĐ-CP dated January 7, 2022 of the Government stipulating reduction of greenhouse gas emissions and protection of the ozone layer;

At the proposal of the Director of the Climate Change Department and the Head of the Legal Department,

The Minister of Natural Resources and Environment issues this Circular detailing the implementation of the Law on Environmental Protection concerning climate change response.

PART I

GENERAL PROVISIONS

This Circular details Point g Clause 2 Article 27, Point c Clause 3 Article 90, Point c Clause 4 Article 91, Point b Clause 3 and Clause 6 Article 92 of the Law on Environmental Protection; Point d Clause 4 Article 10, Clause 5 and Clause 6 Article 11, Point d Clause 5 Article 22 and Clause 4 Article 28 of Decree No. 06/2022/NĐ-CP dated January 7, 2022 of the Government on reducing greenhouse gas emissions and protecting the ozone layer.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals related to activities responding to climate change; activities for greenhouse gas inventory and reduction; activities related to substances depleting the ozone layer and greenhouse gases controlled under the Montreal Protocol on Substances that Deplete the Ozone Layer.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Impact assessment of climate change is the determination of the degree of positive and negative impacts, short-term and long-term; vulnerability, risk, and loss and damage caused by climate change to natural systems, economy, and society within a defined spatial and temporal scope.

2. Hazard is the possibility of abnormal weather events occurring that cause harm to people, property, infrastructure, economic and social activities, resources, and the environment.

3. Exposure is the presence of people, economic and social activities, ecosystems, resources, infrastructure, cultural facilities in areas that may be adversely affected by climate change.

4. Sensitivity level is the extent to which natural systems, economy, and society are affected by negative or positive impacts of climate change.

5. Adaptation capacity is the adjustment in natural systems, economic activities, social activities, and institutions, policies, and resources aimed at mitigating negative impacts and taking advantage of opportunities from climate change impacts.

6. Vulnerability is the trend of natural systems, economy, and society being negatively impacted by climate change impacts. Vulnerability is composed of sensitivity and adaptation capacity to negative climate change impacts.

7. Risk Risk

8. is the potential consequences of hazards caused by climate change for people, property, infrastructure, economic and social activities, resources, and the environment. Risk is the result of the interaction between vulnerability, exposure, and hazards caused by climate change. Loss and damage

9. are economic and non-economic losses caused by adverse impacts of climate change on natural systems, economy, and society. Greenhouse gas sink

10. is a natural or artificial system capable of absorbing and storing greenhouse gases from the atmosphere. Major greenhouse gas sinks include forests (through plant photosynthesis) and oceans (through marine biological photosynthesis and ocean current activity). Global warming potential (GWP) is the ability of a greenhouse gas to absorb heat in the atmosphere over time (usually 100 years) compared to CO₂.

11. Ozone depletion potential (ODP) is the degree of ozone layer depletion that a substance can cause.

Chapter II
IMPACT ASSESSMENT, VULNERABILITY, RISK, LOSS AND DAMAGE CAUSED BY CLIMATE CHANGE

Article 4. Requirements for conducting assessments

1. Assessments of impacts, vulnerability, risks, losses, and damages caused by climate change (referred to as climate change impact assessment) must ensure objectivity and be based on scientific foundations; fully and consistently reflect information, methods used, and assessment results.

2. Climate change impact assessments must be conducted comprehensively in accordance with the content and procedures specified in this Circular.

Article 5. Information and data for assessments

a) Temperature: including annual average temperature, seasonal averages, and highest and lowest temperatures;

b) Precipitation: including annual average precipitation, seasonal averages; maximum daily precipitation, five-day maximum precipitation, and number of days with precipitation exceeding 50 mm;

c) Extreme weather events: including typhoons, tropical depressions, monsoons, severe cold, heatwaves, droughts, and other extreme weather events;

d) Sea level rise: including sea level rise along coastal areas and islands, extreme water levels (storm surge, high tides along coastlines, storm surge combined with high tides), flood risk due to sea level rise;

e) Other relevant information.

2. Meteorological, hydrological, marine observation data, and past and current extreme weather events.

3. Strategies, plans, and development programs for economic and social sectors, industries, and fields.

4. Regulations on economic and technical norms, unit prices, and investment costs issued by competent authorities.

5. Statistical data and other related materials.

Article 6. Content of assessments

1. The content of climate change impact assessments includes:

a) Assessment of the impact of climate change on natural systems, including land resources, water resources, mineral resources, forest resources, biodiversity, marine and island resources, and other environmental resources and factors;

b) Assessment of the impact of climate change on economic systems, including production, business, service activities, infrastructure in agricultural, forestry, transportation, construction and urban, industrial, energy, information and communication, tourism, trade and service sectors, and other related activities;

c) Assessment of the impact of climate change on social systems, including population distribution, housing and living conditions, health services, health, culture, education, vulnerable groups, gender, and poverty reduction.

2. Climate change impact assessments in specific fields and regions should be based on the assessment content stipulated in Clause 1 of this Article to apply appropriately within the scope of the assessment.

Article 7. Procedures for conducting assessments

1. Determining the scope of the assessment

a) Spatial scope is the geographic area defined for the region subject to climate change impact assessment;

b) Temporal scope is the period during which the assessment is carried out, including past and future periods. The past period must cover at least five years from the assessment date, while the future period is determined according to the assessment objectives.

2. Identifying the subjects of the assessment, including those under natural, economic, and social systems as prescribed in Clause 1 of Article 6 of this Circular.

Based on updated climate change scenarios published by the Ministry of Natural Resources and Environment, and based on the determined assessment scope and subjects, perform:

a) Supplementing and detailing information and data for the assessment scope and subjects;

b) Analyzing characteristics and trends of climate changes;

c) Identifying and analyzing key climatic factors affecting the assessment subjects;

d) Calculating additional parameters necessary for the assessment.

4. Analyzing forecasts for economic and social development

Analyze strategies, plans, and development programs for economic and social sectors, industries, and fields, and related documents to determine:

a) Future development goals and directions for the assessed region and sector;

b) Content and spatial scope of future development plans related to the assessment subjects.

5. Selecting assessment methods

a) Climate change impact assessment applies quantitative and qualitative methods. Quantitative methods include predictive models, map overlay, rapid assessment, experimental statistics. Qualitative methods include matrix evaluation, listing tables, network analysis, survey interviews, expert methods, participatory evaluation;

b) Vulnerability and risk assessment due to climate change applies survey interviews, consultations, experimental statistics, modeling, map overlay;

c) Loss and damage assessment due to climate change applies economic and non-economic loss and damage determination methods. Economic loss and damage determination methods include survey, statistics, cost-benefit analysis. Non-economic loss and damage determination methods include predictive models, composite risk index analysis, participatory evaluation;

d) Selection and application of assessment methods prescribed in points a, b, and c of this clause must be appropriate to the assessment subjects and scope; capable of meeting information requirements and data availability.

6. Assessing the impact of climate change

a) Identifying, screening, and determining types of climate change impacts based on assessment subjects, climate change scenarios, and required actions; including positive, negative, short-term, and long-term impacts;

b) Surveying, collecting, and synthesizing information to determine the impact of climate change in the past, including information about natural, economic, and social systems of the assessment subjects as prescribed in Clause 1 of Article 6 of this Circular.

c) Investigate, collect, and compile information to forecast the impact of future climate change including data and maps of factors in climate change scenarios; information and maps reflecting planning and development plans (land use maps, urban and population development plans, infrastructure development plans) and other related information.

d) Analyze and determine the positive, negative, short-term, and long-term impacts of climate change on the assessment subject.

7. Assessing vulnerability and risks due to climate change

a) Identify hazards for the assessment subject based on the analysis of the negative impacts of climate change.

b) Determine component indices reflecting hazards, exposure levels, sensitivity levels, and adaptive capacity suitable for the scope and assessment subject, ensuring representativeness and feasibility.

The component indices of hazards are determined based on climate change factors (temperature, precipitation, sea level rise, extreme weather events) that may cause negative impacts on the assessment subject.

The component indices of exposure levels are determined based on the degree of exposure (location) of the assessment subject to the negative impacts of climate change.

The component indices of sensitivity levels are determined based on climatic factors significantly affecting the assessment subject.

The component indices of adaptive capacity are determined based on organizational capabilities, technical skills, financial resources, and other factors.

c) Investigate, collect, and compile relevant information to determine the component indices of sensitivity levels, adaptive capacity, hazards, and exposure levels.

d) Standardize the values of selected component indices within a range from 0 to 1. Each component index is standardized according to the spatial assessment range and based on the direct or inverse relationship between the component index to be standardized and the vulnerability index or risk index to apply the appropriate standardization formula.

đ) Determine the weight of each component index based on the importance of that component index.

e) Determine vulnerability based on sensitivity levels and adaptive capacity; determine risks based on hazards, exposure levels, and vulnerability. Details regarding the selection and determination of indices reflecting vulnerability and risks due to climate change are guided in Appendix I.1 issued with this Circular.

g) Summarize and categorize vulnerability and risks based on calculation results within a value range from 0 to 1 and divide them into five categories: very low, low, medium, high, or very high.

h) Create maps categorizing vulnerability and risks due to climate change for each assessment subject and each type of hazard according to technical measurement and mapping regulations.

8. Assessing losses and damages caused by climate change

a) Determine economic and non-economic loss and damage indicators for natural, economic, and social systems based on the principle: losses and damages are identifiable, direct, measurable in quantity and severity.

Economic loss and damage indicators applied to the economic system include component indices on production activities, trade, services, infrastructure, housing and assets, income, employment, and others.

Non-economic loss and damage indicators applied to natural and social systems. For natural systems, component indices include land loss due to flooding, landslides, salinity intrusion, biodiversity loss, ecosystem service degradation, and others. Component indices for social systems include human casualties, health impacts, traditional knowledge loss, cultural heritage damage, and others.

b) Investigate, collect, and compile information and data on past losses and damages caused by climate change. Information and data collected include occurrence time, volume, scale, extent of damage, recovery costs, and other related information.

c) Investigate, collect, and compile information and data on future losses and damages caused by climate change based on the evaluation timeframe. Information and data collected include forecasts on volume, scale, extent of losses and damages.

d) Calculate and analyze past and future economic losses and damages according to the assessment subject and previously determined loss and damage indicators.

The value of losses and damages for each component index is calculated using the following general formula:

L = D x C

Where: L is the value of losses and damages expressed in money (VND).

D is the volume of losses and damages.

C is the price or cost to recover or mitigate one unit of loss or damage under normal conditions before being affected by climate change.

Past and future calculated loss and damage values must be adjusted to the evaluation time point based on an appropriate discount rate. The appropriate discount rate is considered based on actual rates of return, inflation rates, and risk compensation rates. These rate values need to be averaged based on data from at least a five-year period prior to the evaluation time point.

đ) Analyze past and future non-economic losses and damages by subject and loss and damage indicators through descriptions and evaluations of identified types of losses and damages.

e) Summarize calculation results to determine economic and non-economic losses and damages for the assessment subject.

g) Details on determining losses and damages caused by climate change are guided in Appendix I.2 issued with this Circular.

9. Preparing a report on the impact assessment of climate change.

Article 8. Evaluation Report

1. The climate change impact assessment report shall be prepared according to the model prescribed in Appendix I.3 issued together with this Circular.

2. The main contents of the climate change impact assessment report include:

a) Objectives, contents, subjects, scope, and methods of evaluation;

b) Characteristics of the region and subject of evaluation;

c) Analysis of climate change impacts;

d) Analysis of economic and social development forecasts and other related documents;

đ) Results of evaluating the effects of climate change, vulnerability, risks, and losses caused by climate change;

e) Proposals for solutions to adapt to climate change.

2. Agencies and organizations conducting the evaluation are responsible for publishing the climate change impact assessment report on their electronic information websites.

Chapter III
REVIEW OF GREENHOUSE GAS INVENTORIES AND REDUCTION OF GREENHOUSE GAS EMISSIONS

1. Ensuring objectivity and having scientific basis when assessing greenhouse gas inventory results and greenhouse gas emission reduction results at the sectoral and organizational levels.

2. Implementing the procedures correctly and reflecting all review content as stipulated in this Circular.

1. The sector management ministry establishes and convenes the Review Board for sectoral greenhouse gas inventories. The Review Board consists of representatives from the sector management ministry, the Ministry of Natural Resources and Environment, relevant ministries, and suitable experts.

2. Members of the Review Board assess the greenhouse gas inventory results based on the following main contents:

a) Completeness of content, information, and data in the greenhouse gas inventory;

b) Appropriateness of identifying greenhouse gas emission sources and sinks;

c) Suitability of the greenhouse gas inventory methodology, emission factors applied, quality control methods, quality assurance, and information and data systems on greenhouse gas emissions of the sector management ministry;

d) Assessment of the accuracy and reliability of the greenhouse gas inventory results.

3. Within five working days, the Review Board approves and sends to the sector management ministry the minutes of the meeting containing the following main contents:

a) Assessment of the implementation process and results of the greenhouse gas inventory;

b) Limitations and shortcomings of the greenhouse gas inventory results;

c) Requirements and recommendations for improving the greenhouse gas inventory results based on the opinions of the board members;

d) Conclusion of the Review Board.

4. The sector management ministry organizes adjustments to the greenhouse gas inventory results based on the Review Board's conclusions, serving as the basis for preparing the sector management ministry's report for national greenhouse gas inventories.

1. The sector management ministry establishes and convenes the Review Board for sectoral greenhouse gas emission reductions. The Review Board consists of representatives from the sector management ministry, the Ministry of Natural Resources and Environment, relevant ministries, and suitable experts.

2. Members of the Review Board assess the greenhouse gas emission reduction report based on the following main contents:

a) Compatibility of the policies and measures to reduce greenhouse gas emissions in the sector with the sector’s strategy, planning, and development plans;

b) Reliability and completeness of information and data on greenhouse gas inventories and typical development scenarios during the planning period;

c) Suitability of the quantification methods for greenhouse gas emission reductions under the policies and measures to reduce greenhouse gas emissions;

d) Accuracy and reliability of the greenhouse gas emission reduction results compared to typical development scenarios during the planning period;

đ) Double-counting potential for greenhouse gas emission reduction results.

3. Within five working days, the Review Board approves and sends to the sector management ministry the minutes of the meeting containing the following main contents:

a) Assessment of the implementation process and results of greenhouse gas emission reductions;

b) Limitations and shortcomings of the greenhouse gas emission reduction report;

c) Requirements and recommendations for improving the greenhouse gas emission reduction report based on the opinions of the board members;

d) Conclusion of the Review Board.

4. The sector management ministry prepares the sectoral greenhouse gas emission reduction review report according to the model prescribed in Appendix II.1 issued together with this Circular, and submits it along with the completed sectoral greenhouse gas emission reduction report based on the Review Board's conclusion to the Ministry of Natural Resources and Environment.

5. The sector management ministry is responsible for managing and retaining the review files and the sectoral greenhouse gas emission reduction review reports.

1. Within five working days from the date of receipt of the report on the greenhouse gas inventory at the facility level, the People's Committee of the province shall assign the competent agency under its jurisdiction (hereinafter referred to as the reviewing agency) to review the information and results of the greenhouse gas inventory provided by the facility.

2. The reviewing agency evaluates the results of the greenhouse gas inventory at the facility level according to the following main contents:

a) The completeness of the content, information, and data in the report on the greenhouse gas inventory;

b) The appropriateness of the identification of emission sources and sinks of greenhouse gases presented in the report on the greenhouse gas inventory at the facility level;

c) The appropriateness of the greenhouse gas inventory methodology, emission factors applied, quality control methods, assurance of the quality of the greenhouse gas inventory, and the system of information and data on greenhouse gas emissions of the facility;

d) The accuracy of the results of the greenhouse gas inventory at the facility level.

3. Within twenty working days, the reviewing agency notifies the results of the review, including requests for corrections and supplements (if any) to the report on the greenhouse gas inventory to the facilities. In cases where corrections and supplements are required, the facility organizes the completion of the report on the results of the greenhouse gas inventory according to the notification of the review results.

4. The facility sends the completed report on the results of the greenhouse gas inventory to the reviewing agency and the Ministry of Natural Resources and Environment.

5. During the review process, the reviewing agency has the right:

a) To invite organizations and individuals with relevant expertise, capacity, and experience to participate in the review;

b) To request the facility owner to provide operational data and related information for the greenhouse gas inventory of the facility (if necessary);

c) To request the conduct of on-site inspections and sampling at the facility (if necessary).

6. The reviewing agency is responsible for managing and retaining the review files and sending the completed report on the results of the greenhouse gas inventory by the facility to the sectoral management authority to update into the online database on greenhouse gas inventories within the scope of sectoral management.

1. The reviewing unit organizes the review of the reduction of greenhouse gas emissions upon receipt of the report on the reduction of greenhouse gas emissions from the facility.

2. The reviewing unit evaluates the reduction of greenhouse gas emissions at the facility level according to the following main contents:

a) The reliability and completeness of the information and data in the report on the reduction of greenhouse gas emissions;

b) The appropriateness of the measures to reduce greenhouse gas emissions, the quantification method of the reduction of greenhouse gas emissions, and the system of information and data of the facility presented in the report on the reduction of greenhouse gas emissions;

c) The results of implementing the reduction of greenhouse gas emissions according to the facility’s greenhouse gas emission reduction plan and the emission quota allocated to the facility.

3. The reviewing unit prepares and sends the report on the review of the reduction of greenhouse gas emissions to the facility according to the form prescribed in Appendix II.2 issued together with this Circular.

4. After receiving the report on the review of the reduction of greenhouse gas emissions, the facility sends the completed report on the reduction of greenhouse gas emissions along with the report on the review of the reduction of greenhouse gas emissions to the Ministry of Natural Resources and Environment and the sectoral management ministry.

1. The Ministry of Natural Resources and Environment shall establish a Review Board for the Report on Greenhouse Gas Emissions Reduction. The Review Board shall have at least nine members, including the Chairman, Vice-Chairman, Secretary Member, two Opposing Members, and at least four Board Members. The Board Members shall be representatives from relevant state management agencies under the Ministries of Industry and Trade, Transport, Agriculture and Rural Development, Natural Resources and Environment, Construction, and experts with appropriate expertise.

2. Members of the Review Board shall study the Report on Greenhouse Gas Emissions Reduction and evaluate it based on the following main contents:

a) The completeness of the content, information, and data in the Report on Greenhouse Gas Emissions Reduction;

b) The appropriateness of policies and management measures to reduce greenhouse gas emissions in various sectors in line with national development strategies, plans, and programs;

c) Suitability of the quantification methods for greenhouse gas emission reductions under the policies and measures to reduce greenhouse gas emissions;

d) The results of greenhouse gas emissions reduction compared to the country's normal development scenario during the planning period;

đ) Double-counting potential for greenhouse gas emission reduction results.

3. Within ten working days from the date of the review meeting, the Review Board shall be responsible for approving and sending the minutes of the meeting to the Ministry of Natural Resources and Environment, containing the following main contents:

a) General assessment of the Report on Greenhouse Gas Emissions Reduction and the results of greenhouse gas emissions reduction in the managed sector;

b) Limitations and shortcomings of the Report on Greenhouse Gas Emissions Reduction;

c) Requirements and recommendations related to improving the Report on Greenhouse Gas Emissions Reduction based on the opinions of the Review Board members;

d) Conclusion of the Review Board.

4. The Ministry of Natural Resources and Environment shall organize the completion of the Report on Greenhouse Gas Emissions Reduction according to the conclusions of the Review Board.

5. The Review Board shall convene meetings when more than two-thirds of its members participate (either present in person at the meeting or participating online), including the Chairman or Vice-Chairman, Secretary Member, and at least one Opposing Member.

6. The Chairman of the Board shall be responsible for:

a) Chairing meetings of the Board or delegating this responsibility to the Vice-Chairman;

b) Handling opinions raised during the Board's meetings, concluding the meeting, and being accountable for the conclusions of the Board;

c) Signing the minutes of the Board's meetings and being accountable for the completeness and truthfulness of the contents recorded in the minutes of the meetings.

Chapter IV

LIST, GUIDELINES FOR USE, COLLECTION, TRANSPORTATION, RECYCLING, REUSE AND DISPOSAL OF CONTROLLED SUBSTANCES

Article 15. List of Controlled Substances

2. The list of ozone-depleting substances subject to control as stipulated in Point b, Clause 3, Article 92 of the Environmental Protection Law is specified in Appendix III.2 attached hereto.

3. The list of greenhouse gas-producing substances subject to control as stipulated in Point b, Clause 3, Article 92 of the Environmental Protection Law is specified in Appendix III.3 attached hereto.

Organizations engaged in the production, export, import, and consumption of controlled substances must comply with the following management measures:

a) Registration for the use of controlled substances;

b) Import and export permits;

c) Production and import quotas.

Details of management measures and their application periods for each controlled substance are specified in Appendix III attached hereto.

2. Organizations exporting or importing products, goods, and equipment containing controlled substances must clearly indicate information about the controlled substances when handling customs procedures.

3. Organizations exporting or importing controlled substances with the same HS code must clearly indicate information about each substance when handling customs procedures.

1. Organizations and facilities using equipment, products containing or using controlled substances as stipulated in Clause 6 Article 92 of the Environmental Protection Law include:

a) Organizations and facilities engaged in the production of controlled substances as specified in point a, Clause 1, Article 24 of Decree No. 06/2022/NĐ-CP;

b) Organizations and facilities producing or importing equipment or products containing or produced from controlled substances as specified in point c, Clause 1, Article 24 of Decree No. 06/2022/NĐ-CP;

c) Organizations and facilities owning equipment containing controlled substances: air conditioning units with a nominal cooling capacity greater than 26.5 kW (90,000 BTU/h) and a total nominal cooling capacity of all such equipment exceeding 586 kW (2,000,000 BTU/h); industrial refrigeration equipment with electrical power greater than 40 kW as specified in point d, Clause 1, Article 24 of Decree No. 06/2022/NĐ-CP;

d) Organizations and facilities providing installation, maintenance, repair, and servicing services for refrigeration and air conditioning equipment.

2. Organizations and facilities stipulated in Clause 1 of this Article must comply with regulations on collection, transportation, storage, recycling, reuse, and disposal of controlled substances as provided in Article 28 of Decree No. 06/2022/NĐ-CP.

3. Technicians performing installation, operation, maintenance, and repair of equipment containing controlled substances as specified in Clause 4, Article 28 of Decree No. 06/2022/NĐ-CP must hold a diploma or higher degree in one of the following fields or trades:

a) Thermal engineering technology;

b) Electronic technology and building energy;

c) Mechanical engineering, heating, and air conditioning technology;

d) Refrigeration equipment installation;

d) Maintenance and repair of thermal equipment;

e) Air conditioning and air conditioning technology;

g) Operation and repair of refrigeration equipment;

h) Refrigeration and air conditioning for fisheries.

1. Controlled substances collected and unable to be recycled or reused must be disposed of properly to prevent their release into the environment.

2. Organizations and individuals disposing of controlled substances shall comply with legal provisions governing hazardous waste management.

Chapter V

IMPLEMENTING PROVISIONS

Article 19. Transitional Provisions

The results of climate change impact assessments conducted before the effective date of this Circular shall be reviewed and verified according to the provisions of Circular No. 08/2016/TT-BTNMT dated May 16, 2016, issued by the Minister of Natural Resources and Environment regarding climate change impact assessment and national climate assessment.

Article 20. Effective Date

1. This Circular takes effect from January 7, 2022.

2. The provisions in Article 5 of Circular No. 08/2016/TT-BTNMT dated May 16, 2016, issued by the Minister of Natural Resources and Environment regarding climate change impact assessment and national climate assessment are hereby abolished.

Article 21. Organization of Implementation

1. Ministries, ministerial-level agencies, agencies under the Government, People's Committees of provinces and centrally governed cities, and related organizations and individuals are responsible for implementing this Circular.