Consolidated Document number 13/VBHN-BTNMT stipulates the construction, issuance of confirmation letters, and approval of projects under the clean development mechanism within the framework of the Kyoto Protocol.

CIRCULAR

Regulations on the establishment, issuance of confirmation letters, and approval letters for projects under the Clean Development Mechanism within the framework of the Kyoto Protocol Decision No. 15/2014/TT-BTNMT dated March 24, 2014, issued by the Minister of Natural Resources and Environment, regarding the establishment, issuance of confirmation letters, and approval letters for projects under the Clean Development Mechanism within the framework of the Kyoto Protocol, which took effect from May 7, 2014, has been amended and supplemented by:

1. Decision No. 11/2022/TT-BTNMT dated October 20, 2022, issued by the Minister of Natural Resources and Environment, amending and supplementing certain articles of several circulars related to business activities within the scope of the Ministry's state management functions, which took effect from December 10, 2022.

2. Decision No. 19/2023/TT-BTNMT dated November 15, 2023, issued by the Minister of Natural Resources and Environment, amending and revoking certain circulars within the authority of the Minister of Natural Resources and Environment, which took effect from December 30, 2023.

On the basis of the Environmental Protection Law dated June 23, 2014;

On the basis of Decision No. 130/2007/QĐ-TTg dated August 2, 2007, issued by the Prime Minister, concerning some mechanisms and financial policies for investment projects under the Clean Development Mechanism;

Pursuant to Decree No. 21/2013/NĐ-CP dated March 4, 2013, promulgated by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Considering the proposal of the Director of the Climate Change Department

and the Head of the Legal Department;^[1] The Minister of Natural Resources and Environment issues this Circular regulating the preparation, procedures, and processes for reviewing, confirming, and approving project investment documents under the Clean Development Mechanism within the framework of the Kyoto Protocol in Vietnam.

This Circular regulates the preparation, procedures, and processes for reviewing, confirming, and approving project investment documents under the Clean Development Mechanism within the framework of the Kyoto Protocol in Vietnam.^[2].

Article 1. Scope of Regulation

Agencies, organizations, and individuals involved in the establishment, issuance of confirmation letters, issuance of approval letters, and implementation of projects under the Clean Development Mechanism within the framework of the Kyoto Protocol in Vietnam.

Article 2. Applicability

Article 3. List of Abbreviations

1. Clean Development Mechanism (CDM).

2. Investment Project under CDM (CDM Project).

3. Certified Emission Reduction (CER).

4. Idea Note for a CDM Project (PIN).

5. Design Document (DD).

6. Small Scale (SSC).

7. Afforestation and Reforestation (AR).

8. Carbon Capture and Storage (CCS).

9. Project Design Document for a CDM Project (PDD).

10. Small-Scale Project Design Document for a CDM Project (SSC-PDD).

11. Project Design Document for an Afforestation or Reforestation CDM Project (AR-PDD).

12. Project Design Document for a Carbon Capture and Storage CDM Project (CCS-PDD).

13. Small-Scale Project Design Document for an Afforestation or Reforestation CDM Project (SSC-AR-PDD).

14. Program of Activities under CDM (PoA).

15. Component Project Activity (CPA).

16. Program of Activities Design Document under CDM (PoA-DD).

17. Small-Scale Program of Activities Design Document under CDM (SSC-PoA-DD).

18. Afforestation or Reforestation Program of Activities Design Document under CDM (AR-PoA-DD).

19. Small-Scale Afforestation or Reforestation Program of Activities Design Document under CDM (SSC-AR-PoA-DD).

20. Component Project Activity Design Document under CDM (CPA-DD).

21. Small-Scale Component Project Activity Design Document under CDM (SSC-CPA-DD).

22. Afforestation or Reforestation Component Project Activity Design Document under CDM (AR-CPA-DD).

23. Small-Scale Afforestation or Reforestation Component Project Activity Design Document under CDM (SSC-AR-CPA-DD).

24. Steering Committee for the Implementation of the United Nations Framework Convention on Climate Change and the Kyoto Protocol (Steering Committee).

25. Climate Change Department, Ministry of Natural Resources and Environment (Climate Change Department).

26. International Executive Board for CDM (EB).^[3]27. Operational Entity designated by the EB (DOE).

28. Agency, organization, or individual investing in and implementing CDM projects in Vietnam (Project Developer).

1. Confirmation Letter is a document issued to project developers submitting an Idea Note (PIN) and confirming that the PIN can be developed into a CDM project in Vietnam.

2. Approval Letter is a document issued to project developers submitting a Project Design Document (PDD) or a Program of Activities Design Document (PoA-DD), affirming that the implementation of the project according to the contents of the PDD or PoA-DD can contribute to sustainable development in Vietnam.

Article 4. Definitions

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

3. Small-scale CDM projects include the following activities:

a) Renewable energy project activities with a maximum capacity equivalent to up to 15 MW.

b) Energy efficiency project activities aimed at reducing energy consumption (supply or demand) up to a maximum equivalent to 60 GW/h/year.

c) Other project activities reducing greenhouse gas emissions up to a maximum equivalent to 60,000 tons of CO

/year.

c) Other project activities that maximize greenhouse gas emissions reduction equivalent to up to sixty thousand (60,000) tons of CO2 per year.₂2. In the event that the Approval Letter is revoked, the project developers shall only be considered for issuance of a new Approval Letter after one (01) year from the date of revocation, if they have fully fulfilled all obligations related to the reasons for the previous revocation of the Approval Letter.

Article 5. Fields for Construction and Investment in CDM Projects

CDM projects shall be constructed and invested in the following fields:

1. Energy production.

2. Energy transmission.

3. Energy consumption.

4. Agriculture.

5. Waste treatment.

6. Reforestation and afforestation.

7. Chemical industry.

8. Manufacturing industry.

9. Construction.

10. Transportation.

11. Mining or mineral extraction.

12. Metal production.

13. Emissions from solid, oil, and gas fuels.

14. Emissions from the production and consumption of Halocarbons and Sulphur hexafluoride.

15. Solvent usage.

16. Carbon capture and storage.

17. Other fields as prescribed by the United Nations Framework Convention on Climate Change and consistent with Vietnamese law.

Article 6^[4]. (Repealed)

, Clause 1, Clause 2 Article 7a of this Regulation.^[5]. (Repealed)

Article 8^[6]. (Repealed)

Article 9^[7]. (Repealed)

Article 10^[8]. (Repealed)

Article 11. Validity of Confirmation Letters and Approval Letters

1. The PIN Confirmation Letter is valid for a period of eighteen (18) months from the date of signing.

2. The PDD or PoA-DD Approval Letter is valid for a period of twenty-four (24) months from the date of signing.

Article 12^[9]. (Repealed)

Article 13. Amendment of Content in Approval Letters

1. In cases where there is a change in the project construction party's composition within the content of the already issued Approval Letter, the project construction party must request an amendment to the content of the Approval Letter.

2. Conditions for amending the content of the Approval Letter:

a) The Approval Letter remains valid for at least thirty (30) days or the Approval Letter has expired but the project has been registered as a CDM project by the EB;

b) Not falling under the circumstances stipulated in Clause 1 of Article 14 of this Circular.

3. Documents for requesting an amendment to the content of the Approval Letter:

a) A request form for amending the content of the Approval Letter according to the model prescribed in Appendix 5 attached to this Circular;

b) The previously issued Approval Letter;

c) Project implementation reports as prescribed in Clause 1 of Article 15 of this Circular;

d) Amended and supplemented PDD or PoA-DD documents that are consistent with the requested amendments and related documents.

4.^[10] Procedure and formalities for amending the content of the Approval Letter:

a) The project construction party submits one set of documents directly or sends them via postal service to the Office of Receipt and Delivery of Administrative Procedures Results of the Ministry of Natural Resources and Environment or through the online public service system;

b) Within no more than one working day, the Climate Change Department will check the completeness and validity of the documents. If the documents are incomplete, the Climate Change Department will request the project construction party to supplement the documents;^[11] c) Within no more than eight days from the date of receiving the documents as prescribed, the Climate Change Department will review the project documents and consider amending the content of the Approval Letter; if the amendment is not approved, the project construction party will be notified in writing of the reasons;

d) Within a maximum of one working day from the decision on amending the content of the Approval Letter, the Office of Receipt and Delivery of Administrative Procedures Results of the Ministry of Natural Resources and Environment will deliver the results to the project construction party.

Article 14. Revocation of Approval Letters

1. The Ministry of Natural Resources and Environment shall revoke Approval Letters in the following cases:

a) The investment certificate of the project expires.

b) The project construction parties decide in writing to terminate the operation of the CDM project.

c) The project's activities are terminated by a decision of the state investment management agency or by a court judgment or arbitration due to violation of the law.

d) Within twelve (12) months after issuing the Approval Letter, the project construction parties fail to submit periodic reports as prescribed in Clause 1 of Article 15 of this Circular.

2. In cases where the Approval Letter is revoked, the project construction parties may only be considered for issuance of a new Approval Letter after one (01) year from the revocation date, provided they have fulfilled all obligations related to the reasons for the previous revocation.

The Department of Natural Resources and Environment and relevant agencies within the province or centrally governed city where the project is implemented, in accordance with Model 6 attached to this Circular, shall submit reports no later than January 15 and July 1 each year.

Article 15. Reporting Obligations of Project Implementers

1. Project implementers who have been issued Approval Letters must submit periodic reports every six months on the project's operational status to the Climate Change Department, the Provincial Department of Natural Resources and Environment, and other relevant agencies at the provincial level where the project is implemented, following the model attached as Appendix 6 to this Circular. The deadline for submitting the report is January 15 and July 15 each year.^[12]The Department of Natural Resources and Environment and relevant agencies in the field of operation of the project at the provincial level under the direct jurisdiction of the central government where the project is implemented shall submit reports according to the form attached as Appendix 6 to this Circular. The deadline for submitting the report is no later than January 15 and July 1 of each year.

2. Within fifteen (15) working days from the date of any changes related to the project implementers or the project content, the project implementers must notify in writing the Climate Change Department^[13] and attach certified copies of the relevant documents.

Article 16. Transitional Provisions

1. In cases where applications for issuance of Confirmation Letters or Approval Letters for CDM projects have been submitted but not yet issued before the effective date of this Circular, they shall continue to be processed according to the provisions of Circular No. 12/2010/TT-BTNMT dated July 26, 2010, and Circular No. 15/2011/TT-BTNMT dated April 28, 2011, both issued by the Ministry of Natural Resources and Environment.

2. For projects that have already been issued Confirmation Letters or Approval Letters for CDM projects before the effective date of this Circular, the project implementers shall continue to implement the project according to the contents of the issued Confirmation Letters or Approval Letters.

In case^[14] adjustment, revocation of Approval Letters, and reporting on implementation according to the provisions of Articles^[15] 13, 14, and 15 of this Circular.

Article 17. Effective Date^[16]

This Circular takes effect from May 7, 2014, and replaces Circular No. 12/2010/TT-BTNMT dated July 26, 2010, issued by the Minister of Natural Resources and Environment regarding the issuance of Confirmation Letters and Approval Letters for CDM projects within the framework of the Kyoto Protocol, and Circular No. 15/2011/TT-BTNMT dated April 28, 2011, issued by the Minister of Natural Resources and Environment amending and supplementing certain provisions of Circular No. 12/2010/TT-BTNMT dated July 26, 2010.

Article 18. Implementation Organization

1. Responsibilities of the Climate Change Department^[17]:

a) Monitor and guide project implementers during the process of reviewing and issuing Confirmation Letters and Approval Letters according to the provisions of this Circular.

b) Take the lead and coordinate with relevant agencies and units annually to develop plans and conduct inspections on the implementation of current domestic and international regulations concerning CDM projects; handle violations within their authority or recommend higher authorities to resolve and address violations in accordance with the provisions of this Circular and other relevant laws.

2. Provincial Departments of Natural Resources and Environment are responsible for assisting People's Committees at all levels and supporting project implementers during the development and implementation of CDM projects according to the provisions of this Circular and other relevant laws.

3. The Minister, Heads of Ministries equivalent to Ministries, Chairpersons of People's Committees at provincial level, and organizations and individuals concerned are responsible for implementing the provisions of this Circular.

During implementation, if there are any difficulties, organizations and individuals are requested to reflect them to the Ministry of Natural Resources and Environment for review and resolution./.

^{____________________}

^[1] The term "Climate Change and Meteorology Department" has been amended to "Climate Change Department" pursuant to point b, Clause 6, Article 1 of Circular No. 11/2022/TT-BTNMT amending and supplementing certain provisions of several circulars related to business activities under the State management functions of the Ministry of Natural Resources and Environment, which took effect from December 10, 2022.

^[2] 1. Circular No. 11/2022/TT-BTNMT dated October 20, 2022, issued by the Minister of Natural Resources and Environment, amending and supplementing certain provisions of several circulars related to business activities under the State management functions of the Ministry of Natural Resources and Environment, is based on the following:

"On the basis of the Law on Legislative Decrees dated June 22, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Legislative Decrees dated June 18, 2020;

On the basis of Decision No. 34/2016/NĐ-CP dated May 14, 2016, of the Government detailing some articles and measures to implement the Law on Legislative Decrees; Decision No. 154/2020/NĐ-CP dated December 31, 2020, of the Government amending and supplementing some provisions of Decision No. 34/2016/NĐ-CP dated May 14, 2016, of the Government detailing some articles and measures to implement the Law on Legislative Decrees;

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;

At the proposal of the Climate Change Department and the Director of the Legal Affairs Department;

The Minister of Natural Resources and Environment promulgates the Circular amending and supplementing certain provisions of several circulars related to business activities under the State management functions of the Ministry of Natural Resources and Environment."

2. Circular No. 19/2023/TT-BTNMT dated November 15, 2023, amending and abolishing several circulars within the promulgation authority of the Minister of Natural Resources and Environment, is based on the following:

"On the basis of the Law on Minerals dated November 17, 2010;

On the basis of the Law on Water Resources dated June 21, 2012;

The Government issues this Decree on management and development of industrial clusters.

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

Pursuant to the Law on Legislative Regulatory Documents dated June 22, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Legislative Regulatory Documents dated June 18, 2020;

On the basis of Decision No. 44/2014/NĐ-CP dated May 15, 2014, of the Government on land prices;

Pursuant to Decree No. 158/2016/NĐ-CP dated November 29, 2016 of the Government detailing the implementation of certain articles of the Law on Minerals;

On the basis of Decision No. 34/2016/NĐ-CP dated May 14, 2016, of the Government detailing some articles and measures to implement the Law on Legislative Decrees; Decision No. 154/2020/NĐ-CP dated December 31, 2020, of the Government amending and supplementing some provisions of Decision No. 34/2016/NĐ-CP dated May 14, 2016, of the Government detailing some articles and measures to implement the Law on Legislative Decrees;

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;

Pursuant to Decree No. 08/2022/NĐ-CP dated January 10, 2022 of the Government detailing certain provisions of the Law on Environmental Protection;

Pursuant to Decree No. 68/2022/NĐ-CP dated September 22, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the Directors of the Departments of Land Planning and Development, Environmental Pollution Control, Vietnam Mines, Water Resources Management, Climate Change; the Head of the Ministry's Office; the Directors of the Departments of Science and Technology, Organization and Cadres, and Legal Affairs;

The Minister of Natural Resources and Environment promulgates the Circular amending and abolishing several circulars within the promulgation authority of the Minister of Natural Resources and Environment."

^[3] The term "Climate Change and Meteorology Department" has been amended to "Climate Change Department" pursuant to point b, Clause 6, Article 1 of Circular No. 11/2022/TT-BTNMT amending and supplementing certain provisions of several circulars related to business activities under the State management functions of the Ministry of Natural Resources and Environment, which took effect from December 10, 2022.

^[4] This provision is abolished pursuant to Clause 2, Article 2 of Circular No. 19/2022/TT-BTNMT dated November 15, 2023, issued by the Minister of Natural Resources and Environment to amend and abolish certain Circulars within the authority of the Minister of Natural Resources and Environment, which takes effect from December 30, 2023.

^[5] This provision is abolished pursuant to Clause 2, Article 2 of Circular No. 19/2022/TT-BTNMT dated November 15, 2023, issued by the Minister of Natural Resources and Environment to amend and abolish certain Circulars within the authority of the Minister of Natural Resources and Environment, which takes effect from December 30, 2023.

^[6] This provision is abolished pursuant to Clause 2, Article 2 of Circular No. 19/2022/TT-BTNMT dated November 15, 2023, issued by the Minister of Natural Resources and Environment to amend and abolish certain Circulars within the authority of the Minister of Natural Resources and Environment, which takes effect from December 30, 2023.

^[7] This provision is abolished pursuant to Clause 2, Article 2 of Circular No. 19/2022/TT-BTNMT dated November 15, 2023, issued by the Minister of Natural Resources and Environment to amend and abolish certain Circulars within the authority of the Minister of Natural Resources and Environment, which takes effect from December 30, 2023.

^[8] This provision is abolished pursuant to Clause 2, Article 2 of Circular No. 19/2022/TT-BTNMT dated November 15, 2023, issued by the Minister of Natural Resources and Environment to amend and abolish certain Circulars within the authority of the Minister of Natural Resources and Environment, which takes effect from December 30, 2023.

^[9] This provision is abolished pursuant to Clause 2, Article 2 of Circular No. 19/2022/TT-BTNMT dated November 15, 2023, issued by the Minister of Natural Resources and Environment to amend and abolish certain Circulars within the authority of the Minister of Natural Resources and Environment, which takes effect from December 30, 2023.

^[10] This clause is amended pursuant to Point a, Clause 6, Article 1 of Circular No. 11/2022/TT-BTNMT amending and supplementing certain articles of certain circulars related to business activities within the scope of the State management functions of the Ministry of Natural Resources and Environment, which takes effect from December 10, 2022.

^[11] The term "Climate Change and Meteorology Department" has been amended to "Climate Change Department" pursuant to point b, Clause 6, Article 1 of Circular No. 11/2022/TT-BTNMT amending and supplementing certain provisions of several circulars related to business activities under the State management functions of the Ministry of Natural Resources and Environment, which took effect from December 10, 2022.

^[12] The term "Climate Change and Meteorology Department" has been amended to "Climate Change Department" pursuant to point b, Clause 6, Article 1 of Circular No. 11/2022/TT-BTNMT amending and supplementing certain provisions of several circulars related to business activities under the State management functions of the Ministry of Natural Resources and Environment, which took effect from December 10, 2022.

^[13] The term "Climate Change and Meteorology Department" has been amended to "Climate Change Department" pursuant to point b, Clause 6, Article 1 of Circular No. 11/2022/TT-BTNMT amending and supplementing certain provisions of several circulars related to business activities under the State management functions of the Ministry of Natural Resources and Environment, which took effect from December 10, 2022.

^[14] The term "Extension" is abolished pursuant to Clause 2, Article 2 of Circular No. 19/2023/TT-BTNMT dated November 15, 2023, issued by the Minister of Natural Resources and Environment to amend and abolish certain Circulars within the authority of the Minister of Natural Resources and Environment, which takes effect from December 30, 2023.

^[15] The term "Article 12" is abolished pursuant to Clause 2, Article 2 of Circular No. 19/2023/TT-BTNMT dated November 15, 2023, issued by the Minister of Natural Resources and Environment to amend and abolish certain Circulars within the authority of the Minister of Natural Resources and Environment, which takes effect from December 30, 2023.

^[16] 1. Article 2 of Circular No. 11/2022/TT-BTNMT amending and supplementing certain articles of certain circulars related to business activities within the scope of the State management functions of the Ministry of Natural Resources and Environment, which takes effect from December 10, 2022, provides as follows:

“Article 2. Effectiveness and responsibility for implementation

1. This Circular takes effect from December 10, 2022.

2. Transitional Provisions

Investment and business conditions, and files that have been fully and properly received before this Circular takes effect shall be processed according to the provisions of the current Circulars at the time of receipt.

3. The General Department of Land Management; the General Department of Hydrology and Meteorology; the Department of Water Resources Management; the Department of Climate Change; and the Legal Affairs Department are responsible for guiding and organizing the implementation of this Circular.

4. Ministries, agencies equivalent to ministries, People's Committees at all levels, Departments of Natural Resources and Environment of provinces and centrally governed cities, and relevant organizations and individuals are responsible for implementing this Circular./”

2. Article 4 of Circular No. 19/2023/TT-BTNMT amending and abolishing certain circulars within the authority to issue of the Minister of Natural Resources and Environment, which takes effect from December 30, 2023, provides as follows:

“Article 4. Effectiveness and Responsibility for Implementation

1. This Circular takes effect from December 30, 2023.

2. Ministries, agencies equivalent to ministries, government agencies, People's Committees of provinces and centrally governed cities, heads of units under the Ministry of Natural Resources and Environment, Departments of Natural Resources and Environment of provinces and centrally governed cities, and relevant organizations and individuals are responsible for implementing this Circular./”

^[17] The term "Climate Change and Meteorology Department" has been amended to "Climate Change Department" pursuant to point b, Clause 6, Article 1 of Circular No. 11/2022/TT-BTNMT amending and supplementing certain provisions of several circulars related to business activities under the State management functions of the Ministry of Natural Resources and Environment, which took effect from December 10, 2022.