Circular No. 15/2011/TT-BTNMT amends the provisions set forth in Circular No. 12/2010/TT-BTNMT regarding the construction, issuance of Confirmation Letters, and approval of project Approval Letters under the Clean Development Mechanism within the framework of the Kyoto Protocol issued by the Minister of Natural Resources and Environment.

CIRCULAR

Amending and supplementing certain provisions stipulated in Circular No. 12/2010/TT-BTNMT dated February 26, 2010

of the Minister of Natural Resources and Environment regarding the construction, issuance of Confirmation Letters, and issuance of Approval Letters

for projects under the Clean Development Mechanism within the framework of the Kyoto Protocol

______________________________

MINISTER OF NATURAL RESOURCES AND ENVIRONMENT

Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Resolution No. 56/NQ-CP dated December 15, 2010 of the Government on simplifying administrative procedures within the scope of functions and powers of the Ministry of Natural Resources and Environment;

Considering the proposal of the Director of the Climate Change Department

Considering the proposal of the Director General of the Meteorology, Hydrology and Climate Change Department and the Head of the Legal Department,

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

Article 1. Amending and supplementing certain provisions stipulated in Circular No. 12/2010/TT-BTNMT dated February 26, 2010 of the Minister of Natural Resources and Environment regarding the construction, issuance of Confirmation Letters, and issuance of Approval Letters for projects under the Clean Development Mechanism within the framework of the Kyoto Protocol (hereinafter referred to as Circular No. 12/2010/TT-BTNMT):

1. Article 5 shall be amended and supplemented as follows:

"Article 5. Application dossier for requesting issuance of Confirmation Letter One (01) set in Vietnamese language prepared according to the guidelines in Appendix 1 attached hereto."

2. Article 6 is amended and supplemented as follows:

"Article 6. Procedures, formalities, time limit for issuance and validity of Confirmation Letter
1. Organizations with requirements shall submit the application dossier at the Service Reception and Result Delivery Unit of the Meteorology, Hydrology and Climate Change Department.
2. The Meteorology, Hydrology and Climate Change Department shall check the completeness of the dossier within a maximum period of three (03) working days. In case the dossier is incomplete as prescribed, the Meteorology, Hydrology and Climate Change Department shall notify in writing requiring the organization to supplement and complete the dossier as prescribed; the supplementation and completion of the dossier shall only be carried out once.
3. Within a maximum period of eight (08) working days from the date of receipt of the dossier as prescribed, the Meteorology, Hydrology and Climate Change Department shall take the lead and coordinate with relevant parties to review the project dossier and submit to the Ministry of Natural Resources and Environment for approval and issuance of the Confirmation Letter.

In case the dossier needs to be supplemented or adjusted, the Meteorology, Hydrology and Climate Change Department shall issue a written notification and guide the organization to supplement or adjust the dossier (the time for supplementation or adjustment shall not be counted within the total time limit for examination and issuance of the Confirmation Letter).
4. Within a maximum period of two (02) working days, the Ministry of Natural Resources and Environment shall examine and decide on the issuance of the Confirmation Letter; in case of non-approval, the reasons shall be notified in writing.
5. Within a maximum period of one (01) working day, the Meteorology, Hydrology and Climate Change Department shall deliver the result to the organization through the Service Reception and Result Delivery Unit.
6. The total time limit for examination and issuance of the Confirmation Letter as stipulated herein shall not exceed fourteen (14) working days.

7. The Confirmation Letter shall be valid for a period of eighteen (18) months from the date of issuance."

3. Article 7 is amended and supplemented as follows:

"Article 7. Application dossier for requesting issuance of Approval Letter for PDD or PoA-DD
1. Dossier in Vietnamese language, the number of sets of dossier shall be based on the number of members of the Steering Committee required to send the dossier for comments including members of the Ministry of Natural Resources and Environment, the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Science and Technology, and other ministries and agencies at the level of ministries having state management functions over the field of activities of the project.

Dossier in English language, the project proponent shall submit one (01) set to the Meteorology, Hydrology and Climate Change Department when the project proponent submits the dossier in English to the Executive Board of the CDM (EB).
2. Written request of the project developer for consideration and issuance of Approval Letter for PDD or PoA-DD (according to the model prescribed in Appendix 3b attached hereto).
3. Certified copy of written comments of directly affected parties from project activities (according to the model prescribed in Appendix 5 attached hereto).
4. Certified copy or confirmation by the competent authority deciding to approve the Environmental Impact Assessment Report or confirmation of environmental protection commitment depending on the scale and type of the project according to current regulations related thereto.
5. Certified copy or confirmation by the competent authority regarding the Feasibility Study Report for large-scale projects.
6. For power generation projects connected to the national grid, there must be a principle agreement document from Vietnam Electricity Corporation regarding connection to the national grid.
7. Relevant permits (if any) issued by competent state authorities for specific fields of the project according to current regulations.

8. Technical report or PDD or PoA-DD review report of the Designated Operational Entity (DOE) designated by the Executive Board (EB)."

4. Article 8 is amended and supplemented as follows:

"Article 8. Procedures, formalities, time limit for examination, issuance and validity of Approval Letter for PDD or PoA-DD
1. Organizations with requirements shall submit the application dossier at the Service Reception and Result Delivery Unit of the Meteorology, Hydrology and Climate Change Department.
2. The Meteorology, Hydrology and Climate Change Department shall check the completeness of the dossier within a maximum period of three (03) working days. In case the dossier is incomplete as prescribed, the Meteorology, Hydrology and Climate Change Department shall notify in writing requiring the organization to supplement and complete the dossier as prescribed; the supplementation and completion of the dossier shall only be carried out once.
3. Within a maximum period of five (05) working days from the date of receipt of the dossier as prescribed, the Meteorology, Hydrology and Climate Change Department shall send the dossier for comments to the members of the Steering Committee for comments on specific fields.
4. Within a maximum period of fifteen (15) working days, the members of the Steering Committee shall send their comments according to the model prescribed in Appendix 6 attached hereto to the Meteorology, Hydrology and Climate Change Department. In case the deadline is exceeded and the Meteorology, Hydrology and Climate Change Department does not receive comments, it shall consider the comments of the Steering Committee member as consent and proceed accordingly.
5. Within a maximum period of three (03) working days from the date of receipt of comments from the members of the Steering Committee, the Meteorology, Hydrology and Climate Change Department shall compile the comments and issue a written request for the organization to provide explanations (if necessary) (the time for explanations shall not be counted within the total time limit for examination and issuance of the Approval Letter).
6. Within a maximum period of nine (09) working days from the date of receipt of comments from the members of the Steering Committee or the organization's explanation, the Meteorology, Hydrology and Climate Change Department shall review the project dossier and submit to the Ministry of Natural Resources and Environment for examination and decision.
7. Within a maximum period of five (05) working days, the Ministry of Natural Resources and Environment shall examine and decide on the issuance of the Approval Letter; in case of non-approval, the organization shall be notified in writing of the reasons.
8. Within a maximum period of one (01) working day, the Meteorology, Hydrology and Climate Change Department shall deliver the result to the organization through the Service Reception and Result Delivery Unit.
9. The total time limit for examination and issuance of the Approval Letter for PDD or PoA-DD as stipulated herein shall not exceed forty-one (41) working days."
10. The approval letter for the PDD or PoA-DD shall be sent to the project participants of the CDM and the DOE, and notified to relevant Vietnamese authorities.

11. The approval letter for the PDD or PoA-DD shall be valid for a period of twenty-four months from the date of issuance.

5. Replace Appendix 1 attached with Circular No. 12/2010/TT-BTNMT with Appendix 1 issued together with this Circular.

Article 2. Effectiveness

1. This Circular shall take effect from June 27, 2011.

2. In the course of implementation, any difficulties should be reported to the Ministry of Natural Resources and Environment for consideration and resolution./.