Circular No. 15/2014/TT-BTNMT stipulates the construction, issuance of Confirmation Letters and Approval Letters for projects under the Clean Development Mechanism within the framework of the Kyoto Protocol. This Circular applies to relevant parties such as agencies, organizations, and individuals involved in the construction, issuance of Confirmation Letters, Approval Letters, and implementation of CDM projects in Vietnam.
Scope of application
Agencies, organizations, and individuals involved in the construction, issuance of Confirmation Letters, Approval Letters, and implementation of projects under the Clean Development Mechanism within the framework of the Kyoto Protocol in Vietnam.
Key points
- The project proponent must submit a PIN application to obtain a Confirmation Letter (within 12 working days).
- The project proponent must submit a PDD or PoA-DD application to obtain an Approval Letter (within 38 working days).
- A Confirmation Letter based on PIN is valid for 18 months, while an Approval Letter based on PDD or PoA-DD is valid for 24 months.
- The project proponent must report periodically on the project's operation status (once every six months).
- In cases where an extension of the Approval Letter, modification of its contents, or revocation of the Approval Letter is required, the project proponent must comply with the relevant regulations.
🌐 Social impact of this document
- Positive impact: Establishing specific procedures for issuing Confirmation Letters and Approval Letters makes the process of implementing CDM projects clearer and more convenient for all parties involved.
- Negative impact: The time required to complete the procedures may pose difficulties for project proponents who need to quickly finalize their applications and receive Approval Letters.
❓ Frequently asked questions
What is the review period for issuing a Confirmation Letter based on PIN?
The review period for issuing a Confirmation Letter based on PIN is 12 working days from the date the valid application is received.
What must the project proponent submit to apply for an Approval Letter based on PDD or PoA-DD?
The project proponent must submit applications in both Vietnamese and English, including documents such as PIN, PDD, PoA-DD, CPA-DD, technical reports, foreign investor documents, power of attorney, and related permits.
What is the review period for issuing an Approval Letter based on PDD or PoA-DD?
The review period for issuing an Approval Letter based on PDD or PoA-DD is 38 working days from the date the valid application is received.
How must the project proponent report periodically on the project's operational status?
The project proponent must submit periodic reports every six months on the project's operational status to the National Centre for Hydro-Meteorological Forecasting, Department of Natural Resources and Environment, and other relevant agencies.
What actions must the project proponent take if the Approval Letter is revoked?
If the Approval Letter is revoked, the project proponent can only be considered for a new Approval Letter one year after the revocation date, provided that all obligations related to the reasons for the previous revocation have been fully fulfilled.
Full text
CIRCULAR
Regulations on the preparation, issuance of Confirmation Letters, and Approval Letters for projects under the Clean Development Mechanism within the Kyoto Protocol framework
development within the framework of the Kyoto Protocol
_______________________________
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;
Pursuant to Decision No. 130/2007/QĐ-TTg dated August 2, 2007 of the Prime Minister on certain mechanisms and financial policies for investment projects under the Clean Development Mechanism;
Upon the proposal of the Director of the Meteorology, Hydrology and Climate Change Department and the Head of the Legal Department;
The Minister of Natural Resources and Environment issues this Circular regulating the preparation, procedures, examination, confirmation, and approval of project documents under the Clean Development Mechanism within the Kyoto Protocol framework in Vietnam..
Article 1. Scope of Regulation
This Circular stipulates the preparation, procedures, examination, confirmation, and approval of project documents under the Clean Development Mechanism within the Kyoto Protocol framework in Vietnam.
Article 2. Applicability
Authorities, organizations, and individuals involved in the preparation, issuance of Confirmation Letters and Approval Letters, and implementation of projects under the Clean Development Mechanism within the Kyoto Protocol framework in Vietnam.
1. Clean Development Mechanism (CDM).
2. Investment Project under CDM (CDM Project).
3. Certified Emission Reductions (CER).
4. Project Idea Note (PIN).
5. Design Document (DD).
6. Small-Scale (SSC).
7. Afforestation and Reforestation (AR).
8. Carbon Capture and Storage (CCS).
9. Project Design Document (PDD).
10. Small-Scale Project Design Document (SSC-PDD).
11. Afforestation and Reforestation Project Design Document (AR-PDD).
12. Carbon Capture and Storage Project Design Document (CCS-PDD).
13. Small-Scale Afforestation and Reforestation Project Design Document (SSC-AR-PDD).
14. Program of Activities under CDM (PoA).
15. Component of Program Activity (CPA).
16. Program of Activities Design Document (PoA-DD).
17. Small-Scale Program of Activities Design Document (SSC-PoA-DD).
18. Afforestation and Reforestation Program of Activities Design Document (AR-PoA-DD).
19. Small-Scale Afforestation and Reforestation Program of Activities Design Document (SSC-AR-PoA-DD).
20. Component of Program Activity Design Document (CPA-DD).
21. Small-Scale Component of Program Activity Design Document (SSC-CPA-DD).
22. Afforestation and Reforestation Component of Program Activity Design Document (AR-CPA-DD).
23. Small-Scale Afforestation and Reforestation Component of Program Activity Design Document (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. Meteorology, Hydrology and Climate Change Department, Ministry of Natural Resources and Environment (Meteorology, Hydrology and Climate Change Department).
26. Executive Board of the Clean Development Mechanism (EB).
27. Operational Entity designated by the EB (DOE).
28. Authority, organization, or individual investing in and implementing projects under the Clean Development Mechanism in Vietnam (Project Developer).
Article 4. Definitions
In this Circular, the following terms are understood as follows:
1. Confirmation Letter is a document issued to project developers submitting a 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 PDD or PoA-DD and affirming that the implementation of the project according to the contents of the PDD or PoA-DD can contribute to sustainable development in Vietnam.
3. Small-scale CDM projects include the following activities:
4. Renewable energy projects with a maximum capacity equivalent to up to 15 MW.
a) Energy efficiency projects aimed at reducing energy consumption (supply or demand) up to a maximum equivalent of 60 GW/hour/year.
b) Other projects reducing greenhouse gas emissions up to a maximum equivalent of 60,000 tons of CO2/year.
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 sulfur 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.
1. CDM projects must fully meet the conditions set forth in Clause 1 of Article 5 of Decision No. 130/2007/QĐ-TTg dated August 2, 2007, of the Government on certain financial mechanisms and policies for investment projects under the CDM.
2. The project construction parties shall prepare CDM project documentation based on investor requirements in one of the following two ways:
a) Prepare a PIN to submit to the competent authority for issuance of a Confirmation Letter, then continue developing the PIN into a PDD or PoA-DD along with the General CPA-DD and Actual CPA-DD for submission to the competent authority for approval.
b) Prepare a PDD or PoA-DD along with the General CPA-DD and Actual CPA-DD for submission to the competent authority for approval.
3. The project construction parties shall proactively or through relevant consulting organizations select appropriate investment forms, technologies, and benefit-sharing methods from the CDM project in accordance with international regulations and Vietnamese law.
4. When preparing a PDD or PoA-DD, the project construction parties shall work with foreign investors and DOE to review the project before submitting it to EB for registration according to the prescribed regulations.
5. Within six (06) months from the date the project begins operation, the project construction parties must report in writing to the National Centre for Hydro-Meteorology and Climate Change about the start date of the project or the CDM project development plan as specified in Appendix 7 attached to this Circular.
1. One (01) set of the Vietnamese version of the PIN according to the model specified in Appendix 8 attached to this Circular.
2. A document from the project construction parties requesting consideration and issuance of the PIN Confirmation Letter according to the model specified in Appendix 1 attached to this Circular.
1. The project construction parties submit the documents at the Service Counter of the National Centre for Hydro-Meteorology and Climate Change.
2. The National Centre for Hydro-Meteorology and Climate Change checks the completeness and validity of the documents within a maximum of one (01) working day. In cases where the documents are incomplete, the National Centre for Hydro-Meteorology and Climate Change requests the project construction parties to supplement the documents.
3. Within a maximum of eight (08) working days from the date of receiving valid documents as prescribed, the National Centre for Hydro-Meteorology and Climate Change, in coordination with related parties, reviews the project documents and submits them to the Ministry of Natural Resources and Environment for consideration and issuance of the Confirmation Letter. If additional or adjusted content is required in the documents, the National Centre for Hydro-Meteorology and Climate Change issues a notification and guidance document to the project construction parties. The time taken for supplementation or adjustment does not count towards the total timeframe for considering and issuing the Confirmation Letter.
4. Within a maximum of two (02) working days from the date of reviewing the project documents, the Ministry of Natural Resources and Environment considers and decides on the issuance of the Confirmation Letter according to the model specified in Appendix 22 attached to this Circular; if the request is not approved, the project construction parties will be notified in writing of the reasons.
5. Within a maximum of one (01) working day from the date the Ministry of Natural Resources and Environment decides to issue the Confirmation Letter, the National Centre for Hydro-Meteorology and Climate Change delivers the result to the project construction parties through the Service Counter.
6. The total timeframe for considering and issuing the PIN Confirmation Letter as stipulated in this Article shall not exceed twelve (12) working days.
1. The Vietnamese version of the documents, the number of sets of documents shall be based on the number of members of the Steering Committee who need to submit their opinions, 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 ministerial level with state management functions in the field of project activities.
The English version of the documents, the project proponent shall submit one (01) set to the National Centre for Hydro-Meteorological Forecasting and Climate Change when the project proponent submits the English version of the documents to the Executive Board (EB).
Depending on the type of project, the parties building the project shall prepare the PDD, PoA-DD, and CPA-DD according to the templates specified in Appendices 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 accompanying this Circular.
For projects involving electricity substitution from the grid, during the preparation of project documentation, the Vietnam Grid Emission Factor published by the National Centre for Hydro-Meteorological Forecasting and Climate Change must be applied to estimate the reduction in greenhouse gas emissions.
2. The document of the parties building the project requesting consideration for issuance of the Approval Letter for PDD or PoA-DD according to the template specified in Appendix 2 accompanying this Circular.
5. For projects that generate power to the national grid, there must be a document expressing the principle agreement of the Vietnam Electricity Corporation regarding the connection to the national grid.
7. Technical report or review report of the PDD or PoA-DD by the DOE.
8. Power of attorney from foreign investors to domestic investors for the performance of registration obligations and payment of CER fees in cases where foreign investors do not have representatives in Vietnam.
1. The party building the project wishing to submit documents shall deliver them to the Service Counter of the National Centre for Hydro-Meteorological Forecasting and Climate Change.
2. The National Centre for Hydro-Meteorological Forecasting and Climate Change shall check the completeness and validity of the documents within two (02) working days.
In case the documents are incomplete as required, the National Centre for Hydro-Meteorological Forecasting and Climate Change shall notify in writing the party building the project to supplement and complete the documents according to the regulations.
3. Within a maximum period of five (05) working days from receiving the valid documents, the National Centre for Hydro-Meteorological Forecasting and Climate Change shall send the documents to the relevant members of the Steering Committee for written opinions on specific areas.
4. Within a maximum period of fourteen (14) working days, the members of the Steering Committee shall send their opinions according to the template specified in Appendix 4 accompanying this Circular to the National Centre for Hydro-Meteorological Forecasting and Climate Change. If beyond this period, the National Centre for Hydro-Meteorological Forecasting and Climate Change does not receive any opinions, it shall consider the opinion of the Steering Committee member as approval and proceed accordingly.
5. In case the members of the Steering Committee agree and do not require the party building the project to provide explanations, within a maximum period of eight (08) working days from receiving all opinions of the members of the Steering Committee, the National Centre for Hydro-Meteorological Forecasting and Climate Change shall compile and submit to the Ministry of Natural Resources and Environment for consideration and decision.
6. In case the members of the Steering Committee request the party building the project to provide explanations, within a maximum period of three (03) working days from receiving all opinions of the members of the Steering Committee, the National Centre for Hydro-Meteorological Forecasting and Climate Change shall compile and issue a document requesting the party building the project to provide explanations. The time for providing explanations shall not be included in the total time limit for considering and issuing the Approval Letter.
Within a maximum period of eight (08) working days from receiving the explanation from the party building the project, the National Centre for Hydro-Meteorological Forecasting and Climate Change shall review the project documents and submit them to the Ministry of Natural Resources and Environment for consideration and decision.
7. Within a maximum period of five (05) working days from the result of reviewing the project documents, the Ministry of Natural Resources and Environment shall consider and decide to issue the Approval Letter for PDD or the Approval Letter for PoA-DD according to the template specified in Appendix 23 or Appendix 24 accompanying this Circular; in case of non-approval, the party building the project shall be notified in writing of the reasons.
8. Within a maximum period of one (01) working day from the Ministry of Natural Resources and Environment's decision to issue the Approval Letter, the National Centre for Hydro-Meteorological Forecasting and Climate Change shall deliver the results to the party building the project through the Service Counter.
9. The total time limit for considering and issuing the Approval Letter for PDD or PoA-DD stipulated in this Article shall not exceed thirty-eight (38) working days.
Article 11. Effectiveness of Confirmation Letters, Approval Letters
1. The PIN Confirmation Letter shall be effective for a period of eighteen (18) months from the date of signing.
2. The PDD or PoA-DD Approval Letter shall be effective for a period of twenty-four (24) months from the date of signing.
1. Conditions for extending Approval Letters:
a) The Approval Letter remains valid and the project has not been registered as a CDM project by the EB.
b) It does not fall under the cases stipulated in Clause 1 of Article 14 of this Circular.
2. Documents for requesting extension of Approval Letters:
a) A request form for extending the Approval Letter according to the model prescribed in Appendix 5 attached to this Circular;
b) The previously issued Approval Letter;
c) Project implementation progress reports as prescribed in Clause 1 of Article 15 of this Circular. The application for extending the Approval Letter must be submitted at least thirty (30) days before the expiration of the Approval Letter's validity period.
3. Procedures and formalities for extending Approval Letters:
a) The project developer submits one (01) set of documents to the Department of Meteorology, Hydrology, and Climate Change’s Receiving and Result Delivery Unit.
b) The Department of Meteorology, Hydrology, and Climate Change checks the completeness and validity of the documents within a maximum of one (01) working day. In case the documents are incomplete, the Department of Meteorology, Hydrology, and Climate Change requests the project developer to supplement the documents.
c) Within a maximum of eight (08) working days from the date of receiving the documents as prescribed, the Department of Meteorology, Hydrology, and Climate Change reviews the project documents and forwards them to the Ministry of Natural Resources and Environment for consideration and extension of the Approval Letter.
d) Within a maximum of two (02) working days from the date of reviewing the project documents, the Ministry of Natural Resources and Environment considers and decides on the extension of the Approval Letter; if it does not approve, the project developer will be notified in writing of the reasons.
e) Within a maximum of one (01) working day from the date the Ministry of Natural Resources and Environment decides on the extension of the Approval Letter, the Department of Meteorology, Hydrology, and Climate Change delivers the result to the project developer through the Receiving and Result Delivery Unit.
g) The total review period for extending the Approval Letter as stipulated in this Article shall not exceed twelve (12) working days.
4. An Approval Letter may only be extended once for a PDD or PoA-DD, with an extension period of eighteen (18) months.
1. If there is a change in the project developer's components in the content of the already issued Approval Letter, the project developer must request an amendment to the content of the Approval Letter.
2. Conditions for amending the content of Approval Letters:
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) It does not fall under the cases stipulated in Clause 1 of Article 14 of this Circular.
3. Documents for requesting amendment of the content of Approval Letters:
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 progress reports as prescribed in Clause 1 of Article 15 of this Circular;
d) Amended and supplemented PDD or PoA-DD consistent with the requested amendments and related documents.
a) The project developer submits one (01) set of documents to the Department of Meteorology, Hydrology, and Climate Change’s Receiving and Result Delivery Unit.
b) The Department of Meteorology, Hydrology, and Climate Change checks the completeness and validity of the documents within a maximum of one (01) working day. In case the documents are incomplete, the Department of Meteorology, Hydrology, and Climate Change requests the project developer to supplement the documents.
c) Within a maximum of eight (08) working days from the date of receiving the documents as prescribed, the Department of Meteorology, Hydrology, and Climate Change reviews the project documents and forwards them to the Ministry of Natural Resources and Environment for consideration and amendment of the content of the Approval Letter.
d) Within a maximum of two (02) working days from the date of reviewing the project documents, the Ministry of Natural Resources and Environment considers and decides on the amendment of the content of the Approval Letter; if it does not approve, the project developer will be notified in writing of the reasons.
e) Within a maximum of one (01) working day from the date the Ministry of Natural Resources and Environment decides on the amendment of the content of the Approval Letter, the Department of Meteorology, Hydrology, and Climate Change delivers the result to the project developer through the Receiving and Result Delivery Unit.
g) The total review period for amending the Approval Letter as stipulated in this Article shall not exceed twelve (12) working days.
Article 14. Revocation of Approval Letter
1. The Ministry of Natural Resources and Environment shall revoke the Approval Letter in the following cases:
a) The investment certificate of the project has expired.
b) The parties involved in the project have decided in writing to terminate the project's activities under the Clean Development Mechanism (CDM).
c) The project's activities are terminated according to the decision of the state management agency on investment or pursuant to the judgment or decision of the Court, Arbitration due to violation of the law.
d) Within twelve (12) months from the date of issuance of the Approval Letter, the parties involved in the project fail to submit periodic reports as prescribed in Clause 1, Article 15 of this Circular.
2. In case the Approval Letter is revoked, the parties involved in the project may only be considered for a new Approval Letter after one (01) year from the revocation date if they have fulfilled all obligations related to the reasons for the previous revocation of the Approval Letter.
1. The parties involved in the project that have been granted the Approval Letter must submit a periodic report every six (06) months regarding the project's operational status to the Meteorology, Hydrology and Climate Change Department, the Provincial Department of Natural Resources and Environment, and other relevant agencies within the province where the project is implemented, according to the model attached at Appendix 6 of this Circular. The deadline for submitting the report is no later than January 15 and July 15 each year.
2. Within fifteen (15) working days from the date of any change concerning the parties involved in the project or the content of the project, the parties involved in the project must notify in writing the Meteorology, Hydrology and Climate Change Department and attach certified copies of relevant documents.
Article 16. Transitional Provisions
1. In the case where the application for issuance of the Confirmation Letter or the Approval Letter for the CDM project has been submitted but not yet issued before the effective date of this Circular, it shall continue to be processed according to 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.
Article 17. Effective Date
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, which stipulates the construction, issuance of the Confirmation Letter, and issuance of the Approval Letter for projects under the Clean Development Mechanism 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.
1. Responsibilities of the Meteorology, Hydrology and Climate Change Department:
a) Monitor and guide the parties involved in the project during the process of considering and issuing the Confirmation Letter and Approval Letter as prescribed in 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 for CDM projects; handle according to their authority or recommend higher authorities to resolve and address violations in the implementation of CDM projects as stipulated in this Circular and other related laws.
2. Provincial Departments of Natural Resources and Environment shall assist People's Committees at all levels and support the parties involved in the project during the construction and implementation of CDM projects as prescribed in this Circular and other related laws.
3. The Minister, Heads of Ministries equivalent to Ministries, Chairmen of People's Committees of provinces and centrally governed cities, and relevant organizations and individuals shall be responsible for implementing the provisions of this Circular.
During the implementation, if there are any difficulties, organizations and individuals are advised to reflect them to the Ministry of Natural Resources and Environment for consideration and resolution./.
| CHIEF OF MINISTRY DEPUTY MINISTER |
|
| (Signed) | |
| TRAN HONG HA |
Relations map
Click a document to open. A red border = a relation that changes validity.
Translations
This document is available in the following languages: