Circular No. 08/2025/TT-BNNMT Amending and supplementing some articles of Circular No. 01/2022/TT-BTNMT dated January 7, 2022, detailing the implementation of the Law on Environmental Protection regarding responses to climate change.

CIRCULAR

Amending and supplementing certain articles of Circular No. 01/2022/TT-BTNMT dated January 7, 2022 issued by the Minister of Natural Resources and Environmentregarding detailed implementation of the Law on Environmental Protection concerning response to climate change Pursuant to 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;

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

Pursuant to Decree No. 35/2025/NĐ-CP dated February 25, 2025 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

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;

The Minister of Agriculture and Environment promulgates this Circular amending and supplementing certain articles of Circular No. 01/2022/TT-BTNMT dated January 7, 2022 stipulating detailed implementation of the Law on Environmental Protection concerning response to climate change.

At the proposal of the Director of the Climate Change Department;

Article 1. Amending and supplementing certain articles and appendices of Circular No. 01/2022/TT-BTNMT dated January 7, 2022 issued by the Minister of Natural Resources and Environment stipulating detailed implementation of the Law on Environmental Protection concerning response to climate change (hereinafter referred to as Circular No. 01/2022/TT-BTNMT).

This Circular stipulates detailed provisions for 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; Clause 4, Article 27 and Clause 7, Article 28 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, which have been amended and supplemented by Decree No. 119/2025/NĐ-CP dated June 9, 2025 of the Government.

1. Amend Article 1 as follows:

"Article 1. Scope of Regulation

2. Amend Article 9 as follows:

Article 9. Requirements for review

"1. Review of greenhouse gas inventory results at the sector level and reduction of greenhouse gas emissions at the sector level shall be carried out according to the following requirements:

a) Ensuring the completeness of information and data, having a basis and being verifiable;

b) The methods for greenhouse gas inventory, calculation of greenhouse gas emission reduction, quality assurance procedures, uncertainty assessment, policies, and measures for reducing greenhouse gas emissions must comply with the guidelines of the Intergovernmental Panel on Climate Change (IPCC), relevant laws, and be consistent with the sector's development strategy, planning, and plans;

c) Greenhouse gas inventory results and greenhouse gas emission reduction results must ensure that they are not undercounted or overcounted; greenhouse gas emission reduction results must be compared with normal development scenarios.

2. Review of greenhouse gas inventory results at the facility level and greenhouse gas emission reduction reports at the facility level shall be reviewed according to the following requirements:

a) Ensuring the completeness, reliability, and transparency of information and data used to prepare the report in accordance with technical guidance from the sector management agency;

b) Determination of boundaries and scope of greenhouse gas inventory, selection of methods, emission factors, quality assurance procedures, and quality control procedures must be appropriate to the operational boundaries, technological processes, and production of the facility;

c) Measures for reducing greenhouse gas emissions and methods for quantifying levels of greenhouse gas emission reduction must be suitable to the actual conditions of the facility in accordance with technical guidance from the sector management agency."

3. Amend Article 10 as follows:

3. Amend Article 10 as follows:

"Article 10. Content of the review of greenhouse gas inventory results at the sectoral level

1. Completeness regarding the content, information, and data on greenhouse gas inventories, including:

a) Comparing the list of emission sources, sinks, and types of greenhouse gases with the guidelines of the Intergovernmental Panel on Climate Change (IPCC) and legal regulations on greenhouse gas inventories;

b) Reviewing the completeness of the sections in the report as prescribed in Appendix II issued together with Decree No. 06/2022/NĐ-CP amended and supplemented by Decree No. 119/2025/NĐ-CP;

c) Scrutinizing the explanation for excluding emission sources and sinks with low levels of greenhouse gas emissions;

d) Examining the completeness of data and information on the methods of collecting operational data, emission factor origins, and assumptions used.

2. Appropriateness in identifying emission sources and sinks of greenhouse gases, including:

a) Scrutinizing the boundaries of the greenhouse gas inventory described in the report to ensure appropriateness and coverage of the management scope of the sector;

b) Comparing the identification and classification of emission sources and sinks of greenhouse gases with the guidelines of the IPCC and legal regulations on greenhouse gas inventories to ensure completeness and accuracy.

3. Appropriateness of the greenhouse gas inventory methodology, applied emission factors, quality control methods, quality assurance, and information and data systems on greenhouse gas emissions of the sectoral management agency, including:

a) Examining the appropriateness, consistency, and basis for selecting calculation methods for each emission source;

b) Scrutinizing the origin and appropriateness of the applied emission factors with the type of technology, production, and actual conditions in Vietnam;

c) Examining the compatibility of units of measurement between operational data and emission factors;

d) Scrutinizing the plan and results of implementing quality assurance and quality control procedures.

4. Evaluating the accuracy and reliability of the greenhouse gas inventory results, including:

a) Recalculating a representative sample of major greenhouse gas emission sources to check the accuracy of the formula and calculation results;

b) Scrutinizing the content of the assessment of uncertainty in the greenhouse gas inventory results, including the method, input values, and synthesis formula;

c) Analyzing the greenhouse gas inventory results to identify the main causes of high uncertainty and propose solutions to improve the next greenhouse gas inventory period."

4. Amend Article 11 as follows:

"Article 11. Content of the review of the sectoral-level greenhouse gas emission reduction report

1. Appropriateness of policies and management measures aimed at reducing greenhouse gas emissions in line with the strategy, planning, and development plans of the sector, including:

a) Comparing the policies and management measures aimed at reducing greenhouse gas emissions of the sector with the strategy, planning, and development plans of the sector to ensure synchronization and alignment with the sector's priority goals for socio-economic development;

b) Examining the feasibility regarding financial resources, technology, human resources, and the implementation schedule of policies and measures to reduce greenhouse gas emissions of the sector.

2. Reliability and completeness of information and data on greenhouse gas inventories and typical development scenarios during the planning period, including:

a) Examining the completeness of the sections in the report as prescribed in Form No. 01 of Appendix III issued together with Decree No. 06/2022/NĐ-CP;

b) Examining the completeness, accuracy, and consistency of the data used to build the baseline greenhouse gas emissions of the sector;

c) Examining the transparency, appropriateness, and basis of the assumptions used to build typical development scenarios of the sector, ensuring alignment with national economic and social development forecasts, sectoral forecasts, and IPCC guidelines.

3. Appropriateness of the quantitative methods for reducing greenhouse gas emissions of policies and management measures aimed at reducing greenhouse gas emissions, including:

a) Scrutinizing the quantitative methods for the results of reducing greenhouse gas emissions to ensure alignment with IPCC guidelines and relevant legal regulations;

b) Examining the effectiveness of policies and measures to reduce greenhouse gas emissions and the determination of calculation boundaries to control the risk of greenhouse gas emissions leakage;

c) Scrutinizing the formulas for calculating the results of reducing greenhouse gas emissions.

4. Accuracy and reliability of the results of reducing greenhouse gas emissions compared to typical development scenarios during the planning period, including:

a) Recalculating or checking a representative sample of the largest greenhouse gas emission reduction measure of the sector;

b) Scrutinizing the content of the assessment of uncertainty in the results of reducing greenhouse gas emissions.

5. The ability to avoid double counting for the results of reducing greenhouse gas emissions, including:

a) Scrutinizing and comparing to ensure that the results of reducing greenhouse gas emissions from one policy or measure to reduce greenhouse gas emissions are not double counted;

b) Comparing with information on the National Registry System for Greenhouse Gas Emission Allowances and Carbon Credits to ensure no double counting during the implementation of Nationally Determined Contributions (NDCs)."

5. Amend Article 12 as follows:

"Article 12. Content of reviewing the results of greenhouse gas inventory at the facility level

1. Completeness of content, information, and data in the report:

a) Review the completeness of the items in the report as prescribed in Model No. 06 of Appendix II issued together with Decree No. 06/2022/NĐ-CP;

b) Compare the list of emission sources, sinks, and types of greenhouse gases with the technical guidance of the sector management agency;

c) Review the completeness of data and information on the method of collecting operational data, greenhouse gas emission factors, and assumptions used.

2. Scope of the greenhouse gas inventory:

a) Review the boundaries of the greenhouse gas inventory described in the report;

b) Compare the identification and classification of greenhouse gas emission sources and sinks according to the technical guidance of the sector management agency."

6. Amend Article 13 as follows:

"Article 13. Content of reviewing the greenhouse gas emissions reduction report at the facility level

1. Completeness of content, information, and data in the report, including:

a) Review the completeness of the items in the report as prescribed in Model No. 02 of Appendix III issued together with Decree No. 06/2022/NĐ-CP;

b) Review the information describing the measures for reducing greenhouse gas emissions, including technology, process, scope, and application period;

c) Review the completeness of operational data and technical parameters used to determine the baseline greenhouse gas emissions before implementing the greenhouse gas emissions reduction measures;

d) Review the completeness of operational data during the reporting period, monitoring results, measurement, and data collection of the facility.

2. Review the consistency of the implemented greenhouse gas emissions reduction measures with the facility's greenhouse gas emissions reduction plan."

7. Amend Article 16 as follows:

"Article 16. Guidance on the use of controlled substances

1. Organizations engaged in the production of controlled substances as stipulated in Point a Clause 1 Article 24 of Decree No. 06/2022/NĐ-CP shall be responsible for complying with the registration, allocation quota request, and reporting provisions as set out in Decree No. 06/2022/NĐ-CP.

2. Organizations engaged in the importation of controlled substances as stipulated in Point b Clause 1 Article 24 of Decree No. 06/2022/NĐ-CP shall be responsible for:

a) Adhering to management measures and deadlines applicable to controlled substances as prescribed in Appendices III.2 and III.3 issued together with this Circular;

b) Clearly stating the description of each substance when importing controlled substances with the same commodity code (HS code) on the customs declaration when performing customs procedures;

c) Being responsible for reporting in accordance with regulations and cooperating, providing information as required by the management authority.

3. Organizations engaged in the production, importation of equipment, products containing or produced from controlled substances as stipulated in Point c Clause 1 Article 24 of Decree No. 06/2022/NĐ-CP shall be responsible for registering the use and implementing reporting requirements as prescribed in Decree No. 06/2022/NĐ-CP."

8. Amend Article 17 as follows:

"Article 17. Collection, transportation, storage, recycling, reuse, and disposal of controlled substances

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, importing equipment, 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 as specified in Point d Clause 1 Article 24 of Decree No. 06/2022/NĐ-CP amended and supplemented by Point b Clause 21 of Decree No. 119/2025/NĐ-CP;

d) Organizations carrying out services for the collection, recycling, reuse, and disposal of controlled substances as specified in Point đ Clause 1 Article 24 of Decree No. 06/2022/NĐ-CP;

đ) Organizations and facilities carrying out services for the installation, maintenance, repair, and servicing of refrigeration and air conditioning equipment.

2. Responsibilities for the collection, recycling, reuse, and disposal of controlled substances in equipment and products that are no longer usable are carried out as follows:

a) Organizations owning equipment containing controlled substances: air conditioners with rated cooling capacity greater than 26.5 kW (90,000 BTU/h) and total rated cooling capacity of equipment greater than 586 kW (2,000,000 BTU/h); industrial refrigeration equipment with electrical power greater than 40 kW continue to collect, recycle, reuse, and dispose of controlled substances in equipment and products that are no longer usable in accordance with the principles prescribed in Clause 1 Article 28 of Decree No. 06/2022/NĐ-CP;

b) Organizations owning equipment containing controlled substances: air conditioners with rated cooling capacity greater than 26.5 kW (90,000 BTU/h) and total rated cooling capacity of equipment not exceeding 586 kW (2,000,000 BTU/h) shall be responsible for registering, reporting, collecting, recycling, reusing, and disposing of controlled substances in equipment and products that are no longer usable in accordance with the provisions of Decree No. 06/2022/NĐ-CP amended and supplemented by Decree No. 119/2025/NĐ-CP;

c) Manufacturers and importers of equipment and products containing or produced from controlled substances with rated cooling capacity below 26.5 kW (90,000 BTU/h) or electrical power below 40 kW shall be responsible for collecting, recycling, reusing, and disposing of controlled substances in equipment and products that are no longer usable from January 1, 2028 in accordance with the principles prescribed in Clause 1 Article 28 of Decree No. 06/2022/NĐ-CP.

3. Technicians performing installation, operation, maintenance, and repair of equipment containing controlled substances as stipulated in Clause 4 Article 28 of Decree No. 06/2022/NĐ-CP must have 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;

đ) Maintenance and repair of thermal equipment;

e) Air conditioning and air conditioning technology;

g) Operation and repair of refrigeration equipment;

h) Marine refrigeration mechanics;

i) Rural electromechanical technology;

k) Automotive technology.

4. Organizations and facilities specified in Clause 1 of this Article shall comply with national technical standards on the collection, transportation, storage, recycling, reuse, and disposal of controlled substances, and other relevant legal provisions.

5. The People's Committee of the province shall instruct relevant specialized agencies to organize the dissemination and guidance on the application of national technical standards on the collection, transportation, storage, recycling, reuse, and disposal of controlled substances for related parties; accept declarations of conformity from organizations and individuals, compile lists, and submit them to relevant agencies in accordance with laws on standards and technical regulations; inspect and supervise compliance with declarations of conformity for controlled substances after recycling and relevant legal provisions concerning business and trade of products and goods.

9. Amend Article 18 as follows:

"Article 18. Guidelines for implementing the phased management and elimination of controlled substances contained in equipment and products or controlled substances used to produce such equipment and products.

1. The production and importation of the following equipment and products shall be carried out starting from January 1, 2029:

a) Transport refrigeration units not using HCFC-22;

b) Water chillers not using HFC-404A and other controlled substances with a global warming potential (GWP) greater than 2,100;

c) Commercial refrigeration equipment, industrial refrigeration equipment not using HCFC-22, HFC-507A, HFC-404A, and other controlled substances with a GWP greater than 1,800;

d) Heat pumps for hot water production and mobile air conditioners not using HFC-410A, HFC-407C, and other controlled substances with a GWP greater than 1,500;

đ) Household air conditioners, packaged air conditioners, multi-split systems (PAC/VRV/VRF) not using HCFC-22, HFC-410A, HFC-407C, HFC-134a, and other controlled substances with a GWP greater than 750;

e) Household refrigeration equipment not using HFC-134a and other controlled substances with a GWP greater than 3.

2. The production and importation of the following equipment and products shall be carried out starting from January 1, 2035:

a) Water chillers, commercial refrigeration equipment, transport refrigeration units not using HFC-410A and other controlled substances with a GWP greater than 1,500;

b) Industrial refrigeration equipment, mobile air conditioners not using HFC-410A, HFC-407C, HFC-134a, and other controlled substances with a GWP greater than 750;

3. The production and importation of the following equipment and products shall be carried out starting from January 1, 2040:

Water chillers, commercial refrigeration equipment, transport refrigeration units, heat pumps for hot water production not using HFC-134a and other controlled substances with a GWP greater than 750.

4. The production and importation of the following equipment and products shall be carried out starting from January 1, 2045:

a) Household air conditioners, heat pumps for hot water production, water chillers, packaged air conditioners, multi-split systems (PAC/VRV/VRF), commercial refrigeration equipment, industrial refrigeration equipment, transport refrigeration units, foam insulation production equipment not using HFC-32 and other controlled substances with a GWP greater than 150;

b) Fire protection equipment, mobile air conditioners not using HFC-32 and other controlled substances with a GWP greater than 3.

10. Delete the word "district" in Section II, Section III, and Section IV of Appendix I.1 issued together with Circular No. 01/2022/TT-BTNMT.

11. Delete the phrase "For example, if detailed risk assessment requirements extend to the district level, then corresponding hazard component indices must also be detailed to the district level" in Section II of Appendix I.1 issued together with Circular No. 01/2022/TT-BTNMT.

12. Replace the phrase "Ministry of Natural Resources and Environment" with "Ministry of Agriculture and Environment" in Clause 1 of Article 5, Clause 3 of Article 7, Clause 2 of Article 21, and Section II of Appendix I.2 issued together with Circular No. 01/2022/TT-BTNMT; replace the phrase "Ministry of Agriculture and Rural Development" with "Ministry of Agriculture and Environment" in Section II of Appendix I.2 and Appendix III.2 issued together with Circular No. 01/2022/TT-BTNMT; replace the phrase "Ministry of Transport" with "Ministry of Construction" in Section II of Appendix I.2 issued together with Circular No. 01/2022/TT-BTNMT.

Article 2. Repeal certain Articles, Clauses, and Appendices issued together with Circular No. 01/2022/TT-BTNMT.

1. Repeal Article 14.

2. Repeal Clause 1 and Clause 4 of Article 15.

3. Repeal Appendix II.

4. Repeal Appendix III.1 and Appendix III.4 of Appendix III.

Article 3. Transitional Provisions

Greenhouse gas inventory reports at the facility level that have been received by specialized agencies under provincial People's Committees for processing before this Circular takes effect shall continue to be processed according to the laws in force at the time of receipt, except where organizations or individuals request processing in accordance with this Circular.

Article 4. Effective date

1. This Circular takes effect from August 1, 2025.

2. From the date this Circular takes effect, the following documents and regulations cease to be effective:

a) Article 3 of Circular No. 07/2025/TT-BNNMT dated June 16, 2025, issued by the Minister of Agriculture and Rural Development, which stipulates the delegation and division of state management authority in the environmental and climate change sector;

b) Circular No. 38/2024/TT-BTNMT dated December 25, 2024, issued by the Minister of Natural Resources and Environment, suspending the effectiveness of Clause 1 and Clause 4 of Article 15 of Circular No. 01/2022/TT-BTNMT;

c) Clause 2 of Article 1 of Circular No. 19/2023/TT-BTNMT dated November 15, 2023, issued by the Minister of Natural Resources and Environment, amending and abolishing certain circulars within the authority to issue of the Minister of Natural Resources and Environment.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

1. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of all levels of People's Committees, and related organizations and individuals are responsible for implementing this Circular.

2. In the course of implementation, if there are difficulties or obstacles, it is requested that relevant agencies, organizations, and individuals promptly report them to the Ministry of Agriculture and Rural Development for timely review and resolution./.