Decree No. 21/2011/NĐ-CP provides detailed regulations and implementation measures for the Law on Rational and Efficient Energy Use, applicable to organizations and individuals using energy in Vietnam. The decree focuses on statistics, inspection, energy labeling, energy conservation in state agencies, and measures to promote efficient energy use.
Scope of application
Organizations and individuals using energy in Vietnam
Key points
- Key energy-consuming facilities must apply an energy management model and conduct energy audits (Article 8-9)
- Heads of agencies and units funded by the state budget are responsible for developing annual plans for rational and efficient energy use (Article 11)
- Equipment and devices listed in the mandatory energy label directory must be labeled before being put on the market (Article 14-16)
- Production facilities and import enterprises must independently carry out the printing and affixing of energy labels on equipment and devices that have been issued an energy label certificate (Article 18)
- The Ministry of Industry and Trade is responsible for compiling a list of energy-efficient equipment and devices for procurement by state agencies (Article 12)
🌐 Social impact of this document
- Positive impact: Reduced energy consumption and lower costs for businesses through rational and efficient energy use
- Negative impact: Increased administrative burden for key energy-consuming facilities
❓ Frequently asked questions
What responsibilities do heads of state-funded agencies and units have?
Establish energy-saving targets and register energy-saving indicators at their units; direct the development and implementation of annual energy use plans (Article 11)
Which equipment and devices must be labeled with energy labels?
Equipment and devices listed in the mandatory energy label directory (Article 14)
What provisions are there regarding energy audits at key energy-consuming facilities?
Key energy-consuming facilities must apply an energy management model, including setting goals, planning, and conducting energy audits (Article 8-9)
Who is responsible for organizing the labeling of energy labels on equipment and devices?
Production facilities and import enterprises must independently carry out the printing and affixing of energy labels on equipment and devices that have been issued an energy label certificate (Article 18)
When does this decree take effect?
This decree takes effect from May 15, 2011 (Article 35)
Full text
DECREE
Detailed regulations and implementation measures
Law on Rational and Efficient Energy Use
_____________________________________
THE GOVERNMENT
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on Rational and Efficient Energy Use dated June 28, 2010;
Considering the proposal of the Minister of Industry and Trade,
DECREE:
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Decree stipulates statistics on energy use; key energy-consuming entities; rational and efficient energy use in agencies and units funded by the state budget; energy labeling for energy-using equipment and vehicles; measures to promote rational and efficient energy use; inspection and supervision of rational and efficient energy use.
Article 2. Applicability
This Decree applies to organizations and individuals using energy in Vietnam.
Chapter II
STATISTICS ON ENERGY USE
Article 3. Indicators for Statistics on Energy Use
The indicators for statistics on energy use within the national statistical indicator system shall be uniformly applied throughout the country and updated annually, including the following main indicators:
1. Group of indicators on the quantity and volume of energy use divided according to:
a) Economic sectors.
b) Key energy-consuming entities.
c) Purpose of use.
d) Type of energy.
2. Indicator on energy consumption per unit of production divided according to major products.
3. Group of indicators on the quantity and types of energy-using equipment and vehicles listed in the Catalogue of Equipment and Vehicles Required to Be Labeled with Energy Efficiency Labels that are produced or imported.
4. The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Industry and Trade to submit to the Prime Minister for supplementation of the indicators for statistics on energy use into the National Statistical Indicator System; organize and direct regular publication of statistical information on energy use to the public.
Article 4. Responsibilities for Collecting, Aggregating, and Analyzing Information on Statistics on Energy Use
1. The Ministry of Industry and Trade shall take the lead and coordinate with the Ministry of Planning and Investment to guide the collection, aggregation, and analysis of information on statistics on energy use.
2. Ministries, ministerial-level agencies, provincial People's Committees, and municipal People's Committees under the central government shall have the responsibility to prepare reports and send them to the Ministry of Industry and Trade regarding statistical information on energy use within their respective sectors, fields, and areas of management.
Article 5. Organization of the National Energy Database System
1. The Ministry of Industry and Trade shall be responsible for organizing and building the National Energy Database System.
2. The information in the National Energy Database System includes:
a) The indicators for statistics on energy use as prescribed in Article 3 of this Decree.
b) The quantity and volume of primary energy extracted domestically and imported, including coal, crude oil, natural gas, hydropower, electricity, renewable energy, and nuclear energy.
c) The quantity and volume of energy produced domestically, including electricity and fuel from petroleum products and coal.
d) Indicators on price indices for major types of energy.
Chapter III
KEY ENERGY-CONSUMING ENTITIES
Article 6. Identification of Key Energy-Consuming Entities
1. Key energy-consuming entities are those with the following levels of energy consumption:
a) Industrial, agricultural production facilities, and transportation units consuming a total of one thousand tons of oil equivalent (1000 TOE) or more in a year.
b) Construction projects used as offices, workplaces, residential buildings, educational institutions, healthcare facilities, entertainment venues, sports facilities, hotels, supermarkets, restaurants, and shops consuming a total of five hundred tons of oil equivalent (500 TOE) or more in a year.
2. The Ministry of Industry and Trade shall take the lead and coordinate with relevant ministries and sectors to submit to the Government for adjustment of the identification criteria for key energy-consuming entities in line with the development of the country's economy and society.
Article 7. List of Key Energy-Using Facilities
1. Economic Groups and State-owned Joint Stock Companies shall be responsible for inspecting, reviewing, and compiling a list of key energy-using facilities under their management to submit to the Ministry of Industry and Trade before February 1st each year.
2. Provincial People's Committees and Municipal People's Committees directly under the Central Government shall direct specialized agencies at the local level to inspect, review, and compile a list of key energy-using facilities within their jurisdiction; they shall consolidate and submit this list to the Ministry of Industry and Trade before February 1st each year.
3. The Ministry of Industry and Trade shall take the lead and coordinate with relevant Ministries, sectors, and Provincial People's Committees and Municipal People's Committees directly under the Central Government to compile and submit to the Prime Minister for issuance a national list of key energy-using facilities before March 31st each year.
Article 8. Energy Management Model
Key energy-using facilities must apply an energy management model. The energy management model shall be implemented according to the following main contents:
1. Announcing energy efficiency and conservation goals and policies at the facility.
2. Developing annual and five-year plans on energy efficiency and conservation at the facility; implementing measures for energy efficiency and conservation according to established goals, policies, and plans; defining responsibility regimes for each collective body and individual related to the implementation of energy efficiency and conservation plans at the facility.
3. Having a network and energy manager according to the criteria stipulated in Clause 1 of Article 35 of the Law on Energy Efficiency and Conservation.
4. Regularly inspecting and monitoring energy consumption needs of equipment throughout the entire production line, installation, renovation, and repair situations of energy-consuming equipment at the facility.
5. Implementing an energy audit system; proposing and selecting to implement management and technological solutions aimed at energy efficiency and conservation.
6. Periodically organizing training and instruction for employees on energy efficiency and conservation.
7. Establishing reward and penalty systems to promote energy efficiency and conservation activities at the facility.
Article 9. Energy Audit
1. The content of energy audits includes the following main tasks:
a) Surveying, measuring, and collecting data on energy usage at the facility;
b) Analyzing, calculating, and evaluating energy usage efficiency;
c) Assessing potential for energy savings;
d) Proposing energy-saving solutions;
e) Analyzing investment effectiveness for proposed energy-saving solutions;
2. Key energy-using facilities shall submit energy audit reports to the Department of Industry and Trade within thirty days after completing the energy audit.
Article 10. Plan for Energy Efficiency and Conservation
1. Key energy-using facilities shall be responsible for developing annual and five-year plans for energy efficiency and conservation:
a) Annual plans are developed annually.
b) Five-year plans are developed for each five-year period.
2. The annual and five-year plans shall include the following main sections:
a) Evaluation of the results of the previous year's plan (for annual plans); evaluation of the previous five years' results (for five-year plans);
b) The energy efficiency and conservation plan for the planning year (for annual plans); the energy efficiency and conservation plan for the next five years (for five-year plans).
3. The Ministry of Industry and Trade shall provide guidance on the content, forms, timeframes, procedures, and submission requirements for reports stipulated in Clauses 1 and 2 of this Article.
Chapter IV
ENERGY EFFICIENCY AND CONSERVATION IN
STATE BUDGET-FINANCED ORGANIZATIONS AND UNITS
Article 11. Energy conservation and efficient use in agencies and units funded by the state budget
1. The head of agencies and units funded by the state budget shall be responsible for:
a) Strictly implementing the provisions set forth in Articles 30 and 31 of the Law on Energy Conservation and Efficient Use;
b) Establishing targets and registering energy-saving indicators at their units; directing the preparation and implementation of annual energy usage plans;
c) Inspecting the implementation of energy conservation and efficient use within their agencies and units; organizing propaganda and education for cadres, employees to implement energy savings;
d) Statistics and reporting annual energy usage situations according to Clause 1, Article 13 of this Decree;
đ) Awarding organizations and individuals who perform well; promptly handling violations related to energy conservation regulations within their agencies and units.
2. The head of agencies and units funded by the state budget listed in the Priority Energy Users Directory shall be responsible for fully implementing the regulations applicable to priority energy users under the Law on Energy Conservation and Efficient Use and this Decree.
3. The Ministry of Industry and Trade shall take the lead and coordinate with relevant ministries, sectors, provincial People's Committees, and centrally-administered city People's Committees to propose to the Prime Minister a list of agencies and units funded by the state budget that should be awarded or penalized for energy conservation and efficient use.
Article 12. Procurement of equipment and devices by agencies and units funded by the state budget
1. When replacing or purchasing new equipment and devices, agencies and units funded by the state budget must procure equipment and devices listed in the Directory of Energy-Saving Equipment and Devices for Installation and Purchase, as prescribed by the Prime Minister.
2. The Ministry of Industry and Trade shall take the lead and coordinate with relevant ministries and sectors to develop and submit to the Prime Minister for issuance the Directory of Energy-Saving Equipment and Devices for Installation and Purchase.
3. The Ministry of Finance shall provide detailed guidance on the procurement of equipment and devices using energy listed in the Directory of Energy-Saving Equipment and Devices for Installation and Purchase.
Article 13. Energy Usage Reports of Agencies and Units Funded by the State Budget
1. Annually, agencies and units funded by the state budget shall prepare energy usage reports and submit them to the competent state management agency. The report contents include:
a) Name and address;
b) Annual energy usage plan; plan for replacement or purchase of new, repair of equipment and devices; annual energy-saving goals and measures;
c) Energy usage situation; equipment and devices replaced or newly purchased, repaired, and energy-saving measures implemented during the year; comparison with the plan.
2. Provincial People's Committees and centrally-administered city People's Committees shall be responsible for receiving, inspecting, evaluating, and consolidating information from the reports specified in Clause 1 of this Article, and submitting them to the Ministry of Industry and Trade.
3. The Ministry of Industry and Trade shall guide the format and submission deadlines for the reports specified in this Article.
Chapter V
ENERGY LABELING FOR EQUIPMENT,
DEVICES USING ENERGY
Article 14. Energy Labeling
1. Means and equipment listed in the Catalogue of means and equipment required to be labeled with energy labels must be labeled before being put on the market.
2. The Ministry of Industry and Trade shall take the lead and coordinate with relevant ministries and sectors to establish the Catalogue of means and equipment required to be labeled with energy labels and the implementation timeline, and submit it to the Prime Minister for decision.
Article 15. Classification of Energy Labels
1. Energy labels consist of two types:
a) Comparative labels provide information on energy consumption levels, type of energy used, energy efficiency, and other information that helps consumers compare similar products on the market to identify and choose energy-efficient means and equipment.
b) Certification labels confirm that the means and equipment have the highest energy efficiency compared to similar means and equipment.
2. Based on national standards for energy efficiency, the Ministry of Industry and Trade shall specify the energy efficiency levels in comparative labels and certification labels.
Article 16. Energy Efficiency Testing Laboratories
A testing laboratory shall be issued a certificate confirming its suitability for testing according to the energy efficiency standards of means and equipment for labeling when the following conditions are met:
1. Specialized testing laboratories recognized according to the standards of the Vietnam Laboratory Accreditation System (VILAS) or testing laboratories recognized by organizations that have signed mutual recognition agreements with the International Laboratory Accreditation Cooperation (ILAC) and the Asia Pacific Laboratory Accreditation Cooperation (APLAC).
2. Testing laboratories not yet recognized according to the standards of the Vietnam Laboratory Accreditation System but having sufficient testing capabilities for energy efficiency, which are inspected, evaluated, and designated by the Ministry of Industry and Trade to conduct tests in accordance with the energy efficiency standards of means and equipment when meeting the following requirements:
a) Having testing staff trained in the appropriate technical field for the tested means and equipment;
b) Having testing equipment calibrated and verified according to regulations and having sufficient accuracy to perform test indicators.
3. The Ministry of Industry and Trade shall announce the Catalogue of testing laboratories meeting the criteria for conducting energy efficiency tests.
Article 17. Application Documents for Energy Labeling and Authority to Issue Energy Labeling Certificates for Means and Equipment
1. Application documents for energy labeling for means and equipment include:
a) Technical parameters of the means and equipment;
b) Results of energy efficiency tests of the means and equipment conducted by testing laboratories specified in Article 16 of this Decree;
c) Request for energy labeling.
2. The Ministry of Industry and Trade shall organize the issuance of energy labeling certificates for means and equipment.
3. The Ministry of Finance shall stipulate the fees for issuing energy labeling certificates.
Article 18. Implementation of Energy Labeling
1. Energy labels according to the model prescribed by the Ministry of Industry and Trade shall be affixed to means and equipment.
2. Production facilities and import enterprises shall independently carry out printing and affixing of energy labels for means and equipment that have been issued energy labeling certificates.
3. At least 60 working days prior to the expiration of the validity period of the energy labeling certificate, production facilities and import enterprises shall reapply for certification. Production facilities and import enterprises shall not affix energy labels on means and equipment whose energy labeling certificates have expired.
Article 19. Suspension of Energy Labeling and Recovery of Energy Label Certification
1. The following cases shall result in the suspension of energy labeling:
a) Applying false energy labels;
b) Applying energy labels without having received an Energy Label Certification or when such certification has expired, or when the certification has been erased;
c) Energy labels that do not conform to the content and format prescribed by the Ministry of Industry and Trade or incorrectly record the energy efficiency parameters of the equipment or devices.
2. Energy Label Certifications for equipment or devices shall be recovered in the following cases:
a) There is fraud in the energy labeling registration dossier;
b) Test results do not match the actual energy efficiency of the equipment or devices;
c) Being penalized twice for violations stipulated in Clause 1 of this Article.
3. The Ministry of Industry and Trade shall provide guidance on implementing the provisions of Clauses 1 and 2 of this Article.
Article 20. Reports from Production Units of Equipment and Devices Using Energy Listed in the Mandatory Energy Labeling Catalogue
1. Production units of equipment and devices using energy listed in the Mandatory Energy Labeling Catalogue shall annually submit reports to the Department of Industry and Trade at their localities containing the following information:
a) Name of the unit and address;
b) Types of equipment and devices and the quantity of each type sold;
c) Energy efficiency of each type of equipment and device.
2. The Department of Industry and Trade shall collect and compile the information contained in the reports submitted by production units of equipment and devices using energy listed in the Mandatory Energy Labeling Catalogue at their localities and send them to the Ministry of Industry and Trade before March 31 of the following year.
3. The Ministry of Industry and Trade shall provide guidance on the report forms prescribed in this Article.
Article 21. Reports from Import Enterprises of Equipment and Devices Using Energy Listed in the Mandatory Energy Labeling Catalogue
1. Import enterprises of equipment and devices using energy listed in the Mandatory Energy Labeling Catalogue shall annually submit reports to the Department of Industry and Trade at their localities containing the following information:
a) Name of the unit and address;
b) Types of equipment and devices; country of manufacture and quantity of each type imported;
c) Energy efficiency of each type of equipment and device;
d) Types of equipment and devices with energy efficiency certificates issued in the country of manufacture.
2. The Department of Industry and Trade shall collect and compile the reports submitted by import enterprises of equipment and devices using energy listed in the Mandatory Energy Labeling Catalogue at their localities and send them to the Ministry of Industry and Trade before March 31 of the following year.
3. The Ministry of Finance shall provide information on types, quantities, and origins of imported equipment and devices using energy listed in the Mandatory Energy Labeling Catalogue upon request of the Ministry of Industry and Trade.
4. The Ministry of Industry and Trade shall provide guidance on the report forms prescribed in this Article.
Article 22. Inspection and Reporting on Implementation of Energy Labeling
1. Annually, production units and import enterprises that have been granted Energy Label Certifications for equipment and devices shall tally the number and types of equipment and devices that have been labeled and brought to market during the year and submit the information to the Ministry of Industry and Trade before March 1 of the following year.
2. Production units and import enterprises of equipment and devices that violate regulations on energy labeling shall be subject to penalties under the law.
3. The Ministry of Industry and Trade shall take the lead and coordinate with relevant ministries, sectors, provincial people's committees, and centrally-administered city people's committees to inspect the testing of equipment and devices for energy labeling at testing laboratories; inspect activities related to printing and applying energy labels; conduct regular or irregular inspections of equipment and devices that have been labeled and are circulating in the market.
Article 23. Means and equipment using energy must be eliminated
1. The basis for determining means and equipment to be included in the List of means and equipment to be eliminated includes:
a) Not meeting the safety standards of means and equipment;
b) The energy efficiency of means and equipment being lower than the minimum energy performance level;
c) Being consistent with the country's economic and social development situation and state management requirements during each period.
2. The minimum energy performance level is published in the energy performance standard of means and equipment by the Ministry of Science and Technology.
3. The Ministry of Science and Technology shall take the lead and coordinate with relevant ministries and sectors to develop and submit to the Prime Minister for promulgation the List of means and equipment to be eliminated as stipulated in Clause 1 and Clause 2 of this Article.
4. Strictly prohibit the importation and circulation of means and equipment listed in the List of means and equipment to be eliminated.
Chapter VI
MEASURES TO PROMOTE ENERGY EFFICIENT AND EFFECTIVE USE
ECONOMICAL AND EFFECTIVE
Article 24. Application of management measures and technologies for economical and effective energy use
1. The Ministry of Industry and Trade shall take the lead and coordinate with relevant ministries and agencies at ministerial level to issue regulations on management measures and technologies that encourage or mandate application in industrial production as provided for in Articles 9, 10, 11, 12, and 13 of the Law on Economical and Effective Energy Use.
2. The Ministry of Construction shall take the lead and coordinate with relevant ministries and agencies at ministerial level to issue regulations on management measures and technologies that encourage or mandate application in construction activities as provided for in Article 15 of the Law on Economical and Effective Energy Use.
3. The Ministry of Transport shall take the lead and coordinate with relevant ministries and agencies at ministerial level to issue regulations on management measures and technologies that encourage or mandate application in transportation activities as provided for in Article 19 of the Law on Economical and Effective Energy Use.
4. The Ministry of Agriculture and Rural Development shall take the lead and coordinate with relevant ministries and agencies at ministerial level to issue regulations on management measures and technologies that encourage or mandate application in agricultural production as provided for in Articles 22 and 23 of the Law on Economical and Effective Energy Use.
Article 25. Energy audit and reporting on energy use status at facilities not included in the List of key energy-consuming facilities
1. Encourage facilities not included in the List of key energy-consuming facilities to regularly organize energy audits and report on energy use status.
2. State management agencies responsible for economical and effective energy use shall have the responsibility to guide and support facilities in conducting energy audits and reporting on energy use status as they would for key energy-consuming facilities.
Article 26. National Target Program on Economical and Effective Energy Use
1. The National Target Program on Economical and Effective Energy Use includes the following main contents:
a) Completing the institutional framework and updating technical standards and norms related to the field of energy conservation;
b) Propaganda, dissemination, guidance, and education to raise public awareness about economical and effective energy use;
c) Research and development of projects applying science and technology to enhance energy efficiency in industrial production, construction, transportation, agriculture, and services;
d) Supporting projects promoting economical and effective energy use.
2. Financial resources for implementing the National Target Program on Economical and Effective Energy Use are formed from:
a) State budget allocated for the National Target Program on Economical and Effective Energy Use, which does not belong to annual state budget spending for scientific and technological activities;
b) Funds with origins from the state budget and outside the state budget;
c) Contributions and sponsorships from domestic organizations and individuals, overseas Vietnamese, and foreign organizations and individuals;
d) Other lawful sources as prescribed by law.
3. Implementation of the National Target Program on Economical and Effective Energy Use is regulated as follows:
a) The Prime Minister approves and directs the organization of implementation, inspection, and evaluation of the results of the National Target Program on Economical and Effective Energy Use;
b) The Standing Office of the National Target Program on Economical and Effective Energy Use is located at the Ministry of Industry and Trade. The Ministry of Industry and Trade shall take the lead and coordinate with relevant ministries and agencies to develop the content, tasks, and management mechanism of the National Target Program on Economical and Effective Energy Use.
c) The Ministry of Finance shall take the lead and coordinate with the Ministry of Industry and Trade to establish the financial mechanism of the National Target Program on Economical and Effective Energy Use.
d) Based on the National Target Program on Economical and Effective Energy Use, the Minister, Head of an agency at ministerial level, and Chairman of the People's Committee of a province or centrally governed city shall implement assigned tasks and delegated authority.
Article 27. Investment Incentives
Investment projects for producing energy-saving equipment and devices; upgrading production lines and expanding production scale using energy-saving technology shall be supported in accordance with current regulations on investment credit and investment incentives.
Article 28. Support for Production and Import of Energy-Saving Equipment and Devices; Renewable Energy Equipment and Energy Auditing
1. Organizations and individuals investing in producing energy-saving products and renewable energy products in Vietnam shall be granted tax benefits, financial support, and land to build production facilities by the State.
2. Energy-saving equipment, components, and parts, as well as renewable energy equipment that have not yet been produced domestically shall be exempted or reduced from import taxes according to the laws on taxation, including:
a) Equipment, components, parts, and materials serving research and development activities for energy-saving technology, technological innovation, programs for investigating, researching, testing, and constructing typical projects using renewable energy;
b) Parts and components for producing energy-saving lighting equipment; solar and wind energy equipment;
c) Energy-saving products, fuel-efficient transportation vehicles, liquefied gas, natural gas, electric, hybrid, and biofuel vehicles that have not yet been produced domestically.
3. A portion of the funding from the National Target Program on Efficient and Economical Energy Use shall be provided to energy-consuming entities conducting their first energy audit.
4. The Ministry of Industry and Trade shall take the lead, in coordination with the Ministry of Finance and relevant ministries and sectors, to develop a detailed list of imported equipment, components, and parts as stipulated in Clause 2 of this Article, which shall be issued by the Government.
5. The Ministry of Finance shall take the lead, in coordination with the Ministry of Industry and Trade and relevant ministries and sectors, to provide detailed guidance on implementing tax exemptions and reductions, and financial support as stipulated in Clauses 1, 2, and 3 of this Article.
Article 29. Enhancing Awareness of Efficient and Economical Energy Use
1. Ministries, sectors, provincial People's Committees, and municipal People's Committees under the central government shall organize dissemination and propaganda through mass media to enhance public awareness and encourage people's participation in the field of efficient and economical energy use.
2. Measures to enhance awareness of efficient and economical energy use include:
a) Training and developing specialized staff for energy management at enterprises, industries, and localities;
b) Popularizing energy-saving content through the education system and mass media;
c) Incorporating content promoting energy-saving activities into the operations of scientific and technical associations and mass organizations;
d) Organizing exhibitions of energy-saving products and competitions for creative energy-saving ideas.
Chapter VII
INSPECTION AND AUDIT REGARDING ENERGY USE
ECONOMICAL AND EFFECTIVE
Article 30. Contents of Inspection and Audit Regarding Efficient and Economical Energy Use
1. Reporting systems, plans, and energy audits for key energy-consuming entities.
2. Activities of energy auditing consulting organizations.
3. Reporting and statistical systems for production and import of equipment and devices required to be labeled with energy labels.
4. Compliance with regulations on energy labeling activities.
5. Compliance with regulations on efficient and economical energy use in state budget-funded agencies and units.
6. Prohibited acts as specified in Article 8 of the Law on Efficient and Economical Energy Use.
Article 31. Powers and Responsibilities for Energy Efficiency and Rational Use of Energy Inspection and Audit
1. The competent state agency for energy management shall be responsible for regularly inspecting the energy use of key energy-consuming entities; inspecting the operation of energy labeling on vehicles and equipment required to be labeled as prescribed by the Prime Minister.
2. The inspection team and inspectors when conducting inspections on energy efficiency and rational use of energy shall be responsible for:
a) Implementing their authority, procedures, and formalities according to the laws on inspection; not causing inconvenience, harassment, or hindrance to the inspected entity's production and business activities;
b) Timely applying measures to prevent and handle violations of laws on energy efficiency and rational use of energy as prescribed by law; being accountable under the law for the inspection conclusions and handling measures they decide.
Article 32. Rights and Obligations of the Inspected Entity Regarding Energy Efficiency and Rational Use of Energy
The inspected entity regarding energy efficiency and rational use of energy has the following rights and obligations:
1. Providing the inspection team and inspectors with relevant documents related to the inspection content.
2. Creating conditions for the inspection team and inspectors to perform their tasks.
3. Adhering to decisions made by the inspection team and inspectors.
4. Fulfilling other rights and obligations as prescribed by the laws on inspection.
Chapter VIII
IMPLEMENTATION
Article 33. Responsibilities of Ministries in Implementing State Management of Energy Efficiency and Rational Use of Energy
1. Ministry of Industry and Trade:
a) Being responsible before the Government for implementing state management of energy efficiency and rational use of energy according to the tasks prescribed in the Law on Energy Efficiency and Rational Use of Energy;
b) Cooperating with ministries, sectors, and city people's committees under central governance to supervise, inspect, and urge the implementation of the Law on Energy Efficiency and Rational Use of Energy and this Decree, reporting annually to the Prime Minister;
c) Organizing and allocating human resources appropriately to assist the Minister in performing state management tasks of energy efficiency and rational use of energy.
2. Ministry of Science and Technology:
Implementing the tasks prescribed in the Law on Energy Efficiency and Rational Use of Energy and the following tasks:
a) Leading and coordinating with relevant ministries and sectors to develop and publish national standards on energy efficiency and minimum energy performance levels for commonly used energy-consuming devices according to the energy labeling schedule; national standards on energy efficiency for architectural structures, construction materials, lighting, heating, cooling, and energy supply levels for major areas in buildings; national standards on energy management systems in industrial, agricultural production facilities, buildings, and transportation enterprises;
b) Coordinating with sector-managing ministries to develop technology transfer policies, organizing research and application of scientific and technological progress in the field of energy efficiency and rational use of energy.
3. Ministry of Construction:
Implementing the tasks prescribed in the Law on Energy Efficiency and Rational Use of Energy and the following tasks:
a) Issuing or submitting to competent authorities for issuance of technical standards and regulations on energy efficiency and rational use of energy in the design of construction projects and building materials;
b) Leading and coordinating with the Ministry of Industry and Trade to guide energy management for key energy-consuming entities in construction activities; directing and guiding the implementation of energy-saving and efficient use solutions in construction activities;
c) Organizing training and seminars on knowledge of energy efficiency and rational use of energy in construction activities.
4. Ministry of Transport:
Implementing the tasks prescribed in the Law on Energy Efficiency and Rational Use of Energy and the following tasks:
a) Issuing or submitting to competent authorities for issuance of technical standards, regulations, and energy consumption quotas for certain types of transport vehicles suitable for each period and organizing compliance checks;
b) Issuing regulations on technical management, guiding transport businesses to establish quotas and implement regular maintenance work during the operation and use of transport vehicles to ensure energy-saving and efficient use;
c) Leading and coordinating with the Ministry of Industry and Trade to guide energy management for key energy-consuming entities in transportation and logistics activities; directing and guiding the implementation of energy-saving and efficient use solutions in the organization and operation of the transportation system;
d) Organizing research and application of scientific and technological progress to improve energy efficiency; researching and developing alternative renewable fuels to replace traditional fuels used in transportation and logistics.
5. Ministry of Agriculture and Rural Development:
Implementing the tasks prescribed in the Law on Energy Efficiency and Rational Use of Energy and the following tasks:
a) Issuing or submitting to competent authorities for issuance of technical standards and regulations on energy efficiency and rational use of energy in agricultural production and irrigation;
b) Leading and coordinating with the Ministry of Industry and Trade to guide energy management for key energy-consuming entities in agricultural production; directing and guiding the implementation of energy-saving and efficient use solutions in agricultural and irrigation production;
c) Organizing training and seminars on knowledge of energy efficiency and rational use of energy in agricultural and rural production and irrigation activities.
6. Ministry of Finance:
Implementing the tasks prescribed in the Law on Energy Efficiency and Rational Use of Energy and the following tasks:
a) Leading and coordinating with relevant ministries and sectors to develop detailed guidelines on financial incentives for energy-efficient activities and products;
b) Leading and coordinating with relevant agencies to guide import procedures for energy-consuming devices required to be labeled; stipulating the collection, payment, and management of fees for issuing energy label certificates.
7. Ministry of Planning and Investment:
Cooperate with the Ministry of Industry and Trade to establish statistical indicators on energy consumption for inclusion in the national energy consumption statistical system; organize and direct the periodic public release of statistical information on energy consumption.
8. The Ministry of Education and Training:
Organize the incorporation of content on efficient and economical energy use into educational activities at each level of schooling.
9. The Ministry of Information and Communications:
Take the lead and cooperate with the Ministry of Industry and Trade to organize and direct media outlets to implement promotional programs aimed at raising societal awareness regarding the implementation of efficient and economical energy use.
Article 34. Responsibilities of People's Committees of Provinces and Central Cities
Implementing the tasks prescribed in the Law on Energy Efficiency and Rational Use of Energy and the following tasks:
1. Develop a program on efficient and economical energy use to be included in the local socio-economic development plan and monitor and evaluate its implementation.
2. Direct specialized agencies at the local level to inspect, review, and compile lists of key energy-consuming facilities.
3. Inspect, assess, and consolidate information from reports and plans on energy use by state budget-funded agencies and units, and key energy-consuming facilities within the locality.
Article 35. Effective Date
1. This Decree takes effect from May 15, 2011.
2. This Decree replaces Government Decree No. 102/2003/NĐ-CP dated September 3, 2003, concerning efficient and economical energy use.
Article 36. Responsibility for Implementation
Ministers, heads of ministerial-level agencies, heads of government agencies, Chairpersons of People's Committees of provinces and central cities, and related organizations and individuals are responsible for implementing this Decree./.
PRIME MINISTER
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