Circular No. 09/2012/TT-BCT stipulates on the establishment of plans and reporting on the implementation of energy-saving and efficient energy use plans; conducting energy audits.

CIRCULAR

Provisions on the establishment of plans and reports on the implementation of energy use plans for conservation and efficiency; conducting energy audits

Based on Decree No. 44/2011/NĐ-CP dated June 14, 2011 of the Government amending and supplementing Article 3 of Decree No. 189/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

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Pursuant to the Law on Rational Energy Use and Efficiency dated June 17, 2010;

Pursuant to Decree No. 21/2011/NĐ-CP dated March 29, 2011 of the Government detailing and providing implementation measures for the Law on Rational and Efficient Energy Use;

Pursuant to Decree No. 189/2007/ND-CP dated December 27, 2007, issued by the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

The Minister of Industry and Trade shall provide detailed regulations for Clause 2 of Article 33, Clause 4 of Article 34 of the Law on Energy Use for Conservation and Efficiency 2010; Clause 3 of Article 10, Clause 2 of Article 25 of Decree No. 21/2011/NĐ-CP dated March 29, 2011 of the Government detailing and implementing the Law on Energy Use for Conservation and Efficiency as follows:

1. Establish annual and five-year plans and report on the implementation of energy use for conservation and efficiency at key energy-consuming facilities.

Section 1

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates on:

2. Establish annual plans and report on energy use at agencies and units funded by state budget.

3. Procedures and formalities for conducting energy audits.

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

Article 2. Applicability

This Circular applies to:

Electronic information portal

is the single point of access for users in the online environment, linking and integrating various information channels, services, and applications, through which users can exploit, use, and personalize the display of information.

National energy database system

4. Other organizations and individuals related.

Article 3. Explanation of Terms

is a system for accessing, exploiting, managing, and updating the national database on energy use.

1. Data message is information created, sent, received, or stored by electronic means.

2. Database is a collection of data compiled and systematically organized according to a specific method to enable electronic access, exploitation, management, and updating.

3. Information, output statistics is information in the form of symbols, writing, numerals, images, sounds, or similar forms.

4. Electronic information page (Website) is an information page or a set of information pages in the online environment, serving to provide and exchange information.

5. ESTABLISHMENT OF PLANS AND REPORTS ON THE IMPLEMENTATION OF ENERGY USE PLANS FOR CONSERVATION AND EFFICIENCY Article 4. General provisions on the registration of plans and reports on the implementation of energy use plans for conservation and efficiency

6. 1. Key energy-consuming facilities and agencies and units shall register plans and reports on the implementation of energy use plans for conservation and efficiency as follows: a) Key energy-consuming facilities and agencies and units shall access the Internet and register plans and reports on the implementation of energy use plans for conservation and efficiency through the electronic information page of the National Energy Database System;

8. Electronic document are documents expressed in the form of data messages.

Section 2

b) In cases where key energy-consuming facilities, agencies, and units cannot access the Internet, the registration of plans and reports on the implementation of energy use plans for conservation and efficiency shall be done in writing; key energy-consuming facilities, agencies, and units must ensure the authenticity of the data and take responsibility for it, with signatures from the person responsible for the data in the document, the signature of the head and stamp of the facility, agency, or unit.

2. The registration of plans and reports on the implementation of energy use plans for conservation and efficiency by key energy-consuming facilities shall be submitted to the corresponding provincial management department (hereinafter referred to as the Management Department) as follows:

a) Key energy-consuming facilities operating in the industrial production sector and agencies and units shall submit to the Department of Industry and Trade;

b) Key energy-consuming facilities operating in the construction sector shall submit to the Department of Construction;

c) Key energy-consuming facilities operating in the agricultural production sector shall submit to the Department of Agriculture and Rural Development;

d) Key energy-consuming facilities operating in the transportation sector shall submit to the Department of Transport.

a) Industrial production facilities and agencies, units send to the Department of Industry and Trade;

b) Construction operation facilities send to the Department of Construction;

c) Agricultural production operation facilities send to the Department of Agriculture and Rural Development;

d) Transportation and logistics operation facilities send to the Department of Transport.

Article 5. Establishing annual plans and reporting on the implementation of annual plans regarding energy conservation and efficiency at facilities

1. Annually, facilities must establish annual plans and report on the implementation of annual plans regarding energy conservation and efficiency at facilities, and register with the Management Department.

2. The annual plan and the report on the implementation of the annual plan regarding energy conservation and efficiency at facilities shall include the contents prescribed in Appendix I issued together with this Circular.

3. The establishment and registration of annual plans and reports on the implementation of annual plans regarding energy conservation and efficiency at facilities shall be carried out according to the procedures and formalities as follows:

a) Access the website of the National Energy Database System, enter data according to the steps and instructions provided on the website;

b) Send a written notification according to the form set forth in Appendix II issued together with this Circular to the Management Department as stipulated in Clause 2, Article 4 of this Circular, notifying about the facility's annual plan and report on the implementation of the annual plan which has been stored on the website of the National Energy Database System;

c) In case the facility receives a written opinion from the Management Department requesting supplementation or amendment, the facility must carry out supplementation or amendment of the plan and report on the implementation of the annual plan on the website.

The facility proceeds to send a written notification about supplementation or amendment to the Management Department, while simultaneously sending a copy to the Industry and Trade Department at the local level for registration of the annual plan and report on the implementation of the annual plan regarding energy conservation and efficiency.

4. The registration of annual plans and reports on the implementation of annual plans regarding energy conservation and efficiency at facilities must be completed no later than January 15 each year.

5. Facilities have the responsibility to fully implement the annual plan regarding energy conservation and efficiency after registration.

Article 6. Establishing five-year plans and reporting on the implementation of five-year plans regarding energy conservation and efficiency at facilities

1. Facilities must establish five-year plans and report on the implementation of five-year plans regarding energy conservation and efficiency at facilities, and register with the Management Department.

2. The five-year plan and the report on the implementation of the five-year plan regarding energy conservation and efficiency at facilities shall include the contents prescribed in Appendix III issued together with this Circular.

3. The establishment and registration of five-year plans and reports on the implementation of five-year plans regarding energy conservation and efficiency at facilities shall be carried out according to the procedures and formalities as follows:

a) Access the website of the National Energy Database System, enter data according to the steps and instructions provided on the website;

b) Send a written notification according to the form set forth in Appendix II issued together with this Circular to the Management Department, notifying about the facility's plan stored on the website of the National Energy Database System;

c) In case the facility receives a written opinion from the Management Department requesting supplementation or amendment, the facility must carry out supplementation or amendment of the five-year plan on the website.

The facility proceeds to send a written notification about supplementation or amendment to the Management Department, while simultaneously sending a copy to the Industry and Trade Department at the local level for registration of the facility's five-year plan;

d) The report on the implementation of the five-year plan will be automatically calculated and updated through the National Energy Database System based on the results of the annual reports on the implementation of the annual plan of the facility.

4. The registration of the five-year plan must be completed no later than January 15 of the first year of each five-year planning cycle.

5. Facilities have the responsibility to fully implement the five-year plan regarding energy conservation and efficiency after registration.

Article 7. Annual Plan Development and Annual Energy Usage Report of Agencies and Units

1. Each year, agencies and units shall be responsible for developing and registering annual plans and reporting on energy usage according to the content specified in Model 1.7 of Appendix I issued together with this Circular, and submitting them to the Department of Industry and Trade.

2. The development, registration of annual plans, and annual reporting on energy usage of agencies and units shall be carried out in accordance with the following procedures and formalities:

a) Access the website of the National Energy Database System, enter data according to the steps and instructions provided on the website;

b) Sending a written notice according to the model provided in Appendix II issued together with this Circular to the Department of Industry and Trade, notifying about the plan and report on energy usage of the agency or unit that has been stored on the National Energy Database System's website.

c) In case the agency or unit receives a written opinion from the Department of Industry and Trade requesting additional information or corrections, the entity must make the necessary additions or corrections to the plan and report on energy usage on the website.

The agency or unit shall send a written notice regarding the additional information or corrections to the Department of Industry and Trade at the local level to register the annual plan and annual report on energy usage.

3. The registration of the annual plan and annual reporting on energy usage of agencies and units must be completed no later than January 15 each year.

4. Agencies and units using state budget funds shall be responsible for fully implementing the annual plan after registration; complying with all provisions stipulated in Articles 30 and 31 of the Law on Rational and Efficient Energy Use.

Article 8. Responsibilities of Management Departments Regarding the Establishment of Plans and Reporting on Implementation of Plans for Rational and Efficient Energy Use

1. Management departments shall be responsible for:

a) Reviewing and evaluating the annual and five-year plans and reports on implementation of plans for rational and efficient energy use after receiving notifications from entities as prescribed in Articles 5, 6, and 7 of this Circular;

b) Providing written comments specifying requirements and guidance for entities to amend the content of plans and reports on implementation of plans;

c) Sending a document to the Department of Industry and Trade after the management department approves the content of the annual and five-year plans and reports on implementation of plans for rational and efficient energy use of the entity;

d) In cases where the annual and five-year plans and reports on implementation of plans of the entity are not implemented online, the management department shall be responsible for entering the entity’s data into the National Energy Database System.

2. Cooperating with the Department of Industry and Trade to periodically inspect, guide, urge, and assist entities in organizing the implementation of the content of annual and five-year plans and reports on implementation of plans for rational and efficient energy use that have been registered.

3. Management departments shall be responsible for sending an approval notification to the Department of Industry and Trade regarding the annual and five-year plans and reports on implementation of plans of the entity no later than February 15 each year.

Article 9. Time Limit for Confirmation of Registration of Annual Plans and Reports on Implementation of Annual and Five-Year Plans for Rational and Efficient Energy Use

The Department of Industry and Trade shall directly confirm on electronic documents according to the guidelines of the National Energy Database System within no more than 15 working days:

1. After approving the annual and five-year plans and reports on implementation of plans of entities in the industrial production sector and agencies and units.

2. After receiving the approval notification from the management department regarding the registration of annual and five-year plans and reports on implementation of plans of the entity.

Section 3

ENERGY AUDIT

Article 10. Implementation of energy auditing

1. Conduct preliminary surveys to identify and propose opportunities for energy savings that do not require investment or only require small investments for priority energy-consuming entities to implement; determine requirements and conduct detailed measurements and surveys of selected equipment, devices, production lines, or the entire entity.

2. The results of the energy audit shall be an Energy Audit Report submitted to the leadership of the audited entity, including all survey measurement data, specific calculations, reflecting the current technology status, energy usage status of the entity, and proposed energy-saving solutions in order of priority, with comprehensive cost-benefit analyses for each proposal to enable the entity to select and implement them.

3. The steps for implementing energy audits and the contents of the Energy Audit Report are specified in Appendix IV issued together with this Circular.

4. Within thirty days after completing the energy audit, the entity has the responsibility to send the energy audit report to the Department of Industry and Trade.

Section 4

IMPLEMENTATION

Article 11. Responsibilities of the National Energy Administration

1. Organize supervision and inspection of energy usage situations at entities and agencies.

2. Coordinate with provincial People's Committees, economic groups, state-owned corporations to compile a list of key energy-consuming entities nationwide, report to the Minister for submission to the Prime Minister for annual publication.

3. Coordinate with management departments to guide and urge entities to develop and report on annual and five-year plans regarding energy-efficient and effective usage; guide implementation of regulations on energy-efficient and effective usage.

4. Organize and publish national energy databases annually and establish mechanisms for managing and accessing data for organizations and individuals according to legal provisions.

5. Support entities in conducting energy audits and other obligations stipulated in this Circular.

6. Implement scientific research and technological development serving the goal of energy-efficient and effective usage, applying common energy-saving techniques proven effective in practice.

Article 12. Responsibilities of the Department of Industry and Trade

In addition to responsibilities stipulated in other articles of this Circular, the Department of Industry and Trade also has the following responsibilities:

1. Coordinate with the National Energy Administration to guide, urge, and inspect the implementation of energy-efficient and effective usage.

2. Propose to the provincial People's Committee on the application of policies and mechanisms to promote energy-efficient and effective usage in the locality according to legal provisions and this Circular.

3. Organize evaluations and provide comments on programs and projects proposed by local production entities aimed at energy-efficient and effective usage; report to the Chairman of the provincial People's Committee or the Ministry of Industry and Trade to request partial funding support for implementation.

4. Inspect, supervise, and audit the implementation of this Circular within its jurisdiction in the locality.

5. Take the lead and coordinate with relevant agencies in organizing information dissemination and promotion of activities related to energy-efficient and effective usage in the locality; promptly encourage and reward organizations and individuals with achievements and promptly address violations in energy-efficient and effective usage activities.

6. Take the lead and coordinate with management departments to inspect, urge, and guide key energy-consuming entities to fully fulfill their obligations stipulated in this Circular.

7. Guide and urge budget-funded agencies and units headquartered in the locality to fully fulfill their responsibilities in developing annual plans and reporting on energy usage situations annually as stipulated in this Circular.

8. Compile a list of key energy-consuming entities in the locality, report to the provincial People's Committee, and submit to the Ministry of Industry and Trade before February 1st each year.

9. Perform other tasks related to energy-efficient and effective usage activities when authorized by the Ministry of Industry and Trade.

Article 13. Responsibilities of Economic Groups and State Corporations

Economic Groups and State Corporations shall be responsible for:

1. Disseminating, implementing the contents and directives of this Circular, urging, and assisting member units to fully comply with its provisions.

2. Coordinating and supporting Departments in the implementation of energy-saving and efficient energy usage activities.

3. Specifically determining energy-saving targets that are appropriate to the production and business conditions of the Economic Group or State Corporation.

4. Developing an energy-saving and efficient energy usage program applicable throughout the Economic Group or State Corporation.

5. Selecting and directing subordinate units to implement management measures and apply suitable technologies to continuously improve energy usage situations, reduce energy intensity, and lower energy consumption indicators per unit of product.

Article 14. Annual Energy Usage Reports and Energy Audits for Non-Critical Energy Users

1. Encourages production facilities in the industrial, agricultural, construction sectors, and transportation facilities with energy usage levels below those specified in Article 6 of Decree No. 21/2011/NĐ-CP to prepare annual energy usage reports according to Appendix V attached to this Circular, to be submitted to the Department of Industry and Trade before January 15 each year.

2. Encourages industrial production facilities, agricultural production facilities, construction facilities, and transportation facilities not listed as critical energy users to periodically conduct energy audits every three to five years to identify energy-saving opportunities, select and apply energy-saving and efficient measures.

Article 15. Implementation Provisions

1. This Circular takes effect from June 5, 2012.

2. During implementation, if there are difficulties, localities, organizations, and individuals related to this matter are encouraged to report to the Ministry of Industry and Trade for timely amendments and supplements to ensure compliance./.