CIRCULAR

Specifies energy consumption quotas for the beer and soft drink manufacturing industry

                            __________________________

CamendWHEREAS, đAccording to Decision No. 95/2012/N3. Amend Clause 3 Article 2 as follows:-CP dated November 12, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;amendPursuant to the Law on Rational and Efficient Energy Use dated June 28, 2010;

Pursuant to the Law on Rational and Efficient Energy Use dated June 28, 2010;

At the proposal of the Director General of the National Energy Agency;

At the proposal of the Director General of the National Energy Agency;

4. Supplement Clause 7 following Clause 6 Article 2 as follows: The energy consumption quotas for the beer and soft drink manufacturing industry are stipulated as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates on:

1. Energy consumption quotas for production facilities in the beer and soft drink manufacturing industry for the period up to the end of 2020 and the period from 2021 to the end of 2025.

2. Methods for determining energy consumption rates in production facilities in the beer and soft drink manufacturing industry.

3. This Circular does not apply to purified water and mineral water products.

Article 2. Applicability

1. Production facilities, organizations, and individuals operating in the beer and soft drink manufacturing industry.

2. Other relevant agencies, organizations, and individuals.

Article 3. Explanation of Terms

1. Energy consumption rate (SEC) is the total amount of energy consumed to produce one unit of product.

2. Energy consumption quota is the advanced energy consumption rate (SEC) index corresponding to each phase as prescribed by the Ministry of Industry and Trade in this Circular.

3. 01 hectoliter (1hl) is a volume measurement equivalent to 100 liters (100l).

Chapter II

ENERGY CONSUMPTION QUOTAS AND MEASURES TO IMPROVE ENERGY USE EFFICIENCY IN THE BEER AND SOFT DRINK MANUFACTURING INDUSTRY

Article 4. Determining the energy consumption rate

1. The energy consumption rate in the beer manufacturing industry is determined according to the method set out in Appendix I.

2. The energy consumption rate in the soft drink manufacturing industry is determined according to the method set out in Appendix II.

Article 5. Energy consumption quotas beer and soft drink manufacturing industry for the period until the year 2025

1. Energy consumption quotas for the period up to the end of 2020

2. Energy consumption quotas for the period from 2021 to the end of 2025

Article 6. Requirements for ensuring energy consumption quotas during the period up to the end of the year 2025

1. The energy consumption rate of production facilities in the beer and soft drink manufacturing industry from now to the end of 2025 shall not exceed the energy consumption quotas prescribed in Clause 1 and Clause 2 of Article 5 of this Circular.

2. In cases where the energy consumption rate of production facilities in the beer and soft drink manufacturing industry exceeds the corresponding energy consumption quotas for each phase, the production facility must develop and implement measures to improve energy use efficiency to meet the requirements stipulated in Clause 1 and Clause 2 of Article 5 of this Circular.

3. The energy consumption rate of new investment projects or expansion projects shall not exceed the energy consumption quotas prescribed in Clause 2 of Article 5 of this Circular.

Article 7. Measures to improve energy use efficiency in the beer and soft drink manufacturing industry

1. Management measures include:

a.   Strengthening management of energy usage activities at production facilities;

b.  Establishing and maintaining energy management systems at production facilities.

2. Technical and technological measures include:

a.   Optimizing production processes;

b.  Using energy-efficient equipment.

3. Encouraging organizations and individuals to apply measures to improve energy efficiency as stipulated in Clause 1 and Clause 2 of Article 7 and Appendix III (for the beer manufacturing industry) or Appendix IV (for the soft drink manufacturing industry) issued together with this Circular.

Chapter III

IMPLEMENTATION

Article 8. Responsibilities of the National Energy Administration

1. Take the lead and coordinate with relevant agencies to guide, organize supervision, and inspect the implementation of the contents of this Circular.

2. Nationwide, the National Energy Administration will coordinate with provincial Departments of Industry and Trade to inspect the implementation of energy quotas, the feasibility of plans to ensure energy quotas according to the timeline (if necessary).

3. Based on inspection results, the National Energy Administration will report to the Minister of Industry and Trade regarding cases that fail to comply with Article 5 of this Circular and propose appropriate actions under current laws.

Article 9. Responsibilities of Provincial Departments of Industry and Trade

1. Coordinate with the General Department of Energy to guide, urge, and inspect the implementation of energy use in a thrifty and efficient manner in accordance with the contents of this Circular.

2. Annually, they will lead inspections of the implementation of energy quotas, the feasibility of plans to ensure energy quotas according to the timeline (for production facilities that have not met the quotas) in the beer and soft drink manufacturing industry within their provinces.

3. They will compile the implementation status of energy quotas in the beer and soft drink manufacturing industry in their province and report to the National Energy Administration and the Ministry of Industry and Trade before January 31 each year as stipulated in Appendix V of this Circular.

Article 10. Responsibilities of production facilities, organizations, and individuals

1. Organizations and individuals operating in the beer and soft drink manufacturing industry must have plans to comply with the provisions of Article 5 of this Circular.

2. By January 15 each year, production facilities in the beer and soft drink manufacturing industry must report to the Ministry of Industry and Trade through the provincial Department of Industry and Trade and the National Energy Administration about the implementation of their energy consumption quotas according to Appendix VI of this Circular.

3. Production facilities that fail to meet energy consumption quotas at the specified time and cannot provide feasible plans to ensure quotas according to the timeline stipulated in Article 5 of this Circular will be subject to penalties under current laws.

Article 12. Effective date

1. This Circular takes effect from November 1, 2016.

2. Projects with investment approval decisions made by competent authorities after this Circular takes effect must comply with Clause 2 of Article 5 of this Circular.

3. During implementation, if there are issues, relevant agencies, organizations, and individuals should promptly report to the Ministry of Industry and Trade for research, amendment, and supplementation of this Circular./.