Circular No. 22/2020/TT-BGTVT on the management of fuel consumption and CO2 emissions from aircraft in civil aviation activities

CIRCULAR

Regulations on the management of fuel consumption and carbon dioxide emissions from aircraft₂ in civil aviation activities

in civil aviation activities 

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006 and the Law Amending and Supplementing Certain Articles of the Civil Aviation Law of Vietnam dated November 21, 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. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 66/2015/NĐ-CP dated August 12, 2015, issued by the Government on Civil Aviation Authority;

Pursuant to Annex 16, Volume IV of the International Civil Aviation Organization Convention on Civil Aviation issued on October 1, 2018;

At the proposal of the Director of the Environment Department and the Director General of the Civil Aviation Administration of Vietnam,

The Minister of Transport hereby issues this Circular on the management of fuel consumption and carbon dioxide emissions from aircraft in civil aviation activities.₂ This Circular stipulates the management of fuel consumption and carbon dioxide emissions from aircraft in civil aviation activities in Vietnam.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular applies to organizations and individuals involved in collecting and reporting fuel consumption and carbon dioxide emissions.₂ This Circular does not apply to aircraft engaged in official duties, including exclusively used presidential aircraft, military aircraft, and specialized aircraft of customs and police forces; exemptions are granted for humanitarian, medical, firefighting flights, and flights immediately preceding or following these flights.

Article 2. Applicability

1. A flight is the operation of an aircraft from takeoff at one airport to landing at another airport.₂ This Circular does not apply to aircraft engaged in official duties, including exclusively used presidential aircraft, military aircraft, and specialized aircraft of customs and police forces; exemptions are granted for humanitarian, medical, firefighting flights, and flights immediately preceding or following these flights.

2. An international flight is a flight with at least one departure or arrival airport outside the territory of Vietnam. Two or more consecutive flights with the same flight number are considered separate flights.

Article 3. Explanation of Terms

3. A domestic flight is a flight with both departure and arrival airports within the territory of Vietnam.

4. Air traffic service (ATS) flight plan information is provided to the air traffic control authority regarding the planned flight or part thereof.

5. Airport pair refers to a group of two airports consisting of the departure airport and the arrival airport.

6. Country pair refers to a group of two countries consisting of the country of departure and the country of arrival.

7. Fuel consumption monitoring method is one of the five (5) fuel consumption monitoring methods specified in Annex 16, Volume IV of the International Civil Aviation Organization Convention on Civil Aviation (hereinafter referred to as Annex 16, Volume IV).

8. The fuel consumption and carbon dioxide emission monitoring plan of the aircraft operator (hereinafter referred to as the fuel consumption monitoring plan) is established according to the guidelines in Annex 16, Volume IV.

9. The fuel consumption and carbon dioxide emission report from aircraft (hereinafter referred to as the emission report) is established according to the guidelines in Annex 16, Volume IV.

10. The verification report is a document provided by the verification organization after conducting an assessment and verification of the information related to the results and process of fuel consumption and carbon dioxide emission monitoring conducted by the aircraft operator in accordance with Annex 16, Volume IV.₂ 11. A verification organization meeting the requirements of Annex 16, Volume IV is an organization recognized by a Recognizing Body for ISO 14065:2013.

12. A Recognizing Body in accordance with Annex 16, Volume IV is a legal entity operating in compliance with ISO/IEC 17011:2017, with recognition scope including ISO 14065:2013, internationally recognized through Multilateral Recognition Arrangements (MLA) of the International Accreditation Forum (IAF) or equivalent.₂ 13. The fuel consumption monitoring period is the time from January 1 to December 31 of the reporting year.

10. Verification report (Verification report) is a document provided by the verification organization after conducting an assessment and verification of information related to the results and process of fuel consumption monitoring and CO2 emissions.₂ of aircraft operators established according to Annex 16 Part 4.

11. A verification organization that meets the requirements of Annex 16 Part 4 is an organization recognized by a Recognition Body for ISO 14065:2013 standard.

12. The Recognition Body as stipulated in Annex 16 Part 4 is a legal entity operating in accordance with ISO/IEC 17011:2017 Standard, with recognition scope including ISO 14065:2013, internationally recognized through Multilateral Recognition Arrangements (MLA) of the International Accreditation Forum (IAF) or equivalent.

13. The fuel consumption monitoring period is the time from January 1 to December 31 of the reporting year.

Article 4. Determining flights operated by aircraft operators

Aircraft operators identify their flights according to one of the following methods:

1. By the International Civil Aviation Organization (ICAO) Designator Code.

2. By the Aircraft Registration Number.

a) In the case where a flight cannot be identified by the ICAO Designator Code or the Aircraft Registration Number, such flight shall be attributed to the aircraft owner, who shall then be considered as the aircraft operator. The aircraft owner must provide all necessary information to identify the flight of the aircraft operator upon request.

b) In the case of leasing an aircraft including the crew, if a flight is operated under the ICAO Designator Code of the lessee, the obligations related to fuel consumption and CO2 emissions of that flight shall be confirmed for the lessee.₂ c) In the case of code-sharing, the emissions from different airlines shall be allocated to the aircraft operator with the ICAO Designator Code in the Air Traffic Flow Management Plan.

3. Identifying an aircraft operator of a country

a) An aircraft operator under the authority of a country must be identified through the ICAO Designator Code, the Aircraft Operator Certificate (hereinafter referred to as AOC), and the legal registration place.

b) When an aircraft operator changes its ICAO Designator Code, AOC, or legal registration place to a new country without establishing a new company or subsidiary, that country becomes the managing country for the subsequent phase of the aircraft operator.

c) Two aircraft operators shall be considered a single entity if one of these aircraft operators is a wholly-owned subsidiary of the other and both are legally registered in the same country, which is the managing country.

d) Considering several aircraft operators as a single entity does not apply when the aircraft operator is wholly owned by a parent company that is not an aircraft operator.

e) When two aircraft operators are considered a single entity, their CO2 emissions are combined to calculate the compensation requirements for that entity. Full information and supporting documentation must be provided in the aircraft operator's Fuel Monitoring Plan to prove that the subsidiary is wholly owned by the parent company.

d) When two aircraft operators are considered as a single entity, their CO2 emissions are aggregated to calculate the compensation requirements of that entity. Full information and supporting documentation must be provided in the aircraft operator's fuel monitoring plan to prove that the subsidiary is wholly owned by the parent company.₂ for international flights

Chapter II
COLLECTION, MONITORING, REPORTING OF FUEL CONSUMPTION AND CO2 EMISSIONS FROM AIRCRAFT₂ Section 1. Collection, monitoring, reporting of fuel consumption and CO2 emissions for international flights

Chapter 1. Collection, monitoring, reporting of fuel consumption and CO2 emissions for international flights₂ if emissions decrease below 50,000 tons in two consecutive years, then the ICAO's CERT tool may be used starting from January 1 of the third year.

Article 5. Collection, monitoring of fuel consumption and CO2 emissions₂ if emissions decrease below 50,000 tons in two consecutive years, then the ICAO's CERT tool may be used starting from January 1 of the third year.

1. Selection of fuel consumption monitoring method.

a) Aircraft operators with annual CO2 emissions greater than 50,000 tons select one (1) out of five (5) fuel consumption monitoring methods and record the annual fuel consumption of international flights according to the selected method.₂ b) Aircraft operators with annual CO2 emissions less than 50,000 tons or aircraft with a maximum take-off weight up to 5,700 kg may use the fuel consumption monitoring method or use the ICAO Carbon Emissions Reporting Tool (CERT) to monitor fuel consumption according to Annex 16 Part 4 Guidelines.

c) Aircraft operators reaching 50,000 tons of CO2 emissions in two consecutive years shall apply the fuel consumption monitoring method from January 1 of the third year.₂ d) Aircraft operators reducing CO2 emissions below 50,000 tons in two consecutive years may use the ICAO CERT tool from January 1 of the third year.

2. Annual Fuel Monitoring Plan₂ a) Aircraft operators with annual fuel consumption exceeding 10,000 tons from aircraft with a maximum take-off weight greater than 5,700 kg shall develop a Fuel Monitoring Plan and implement fuel consumption monitoring according to Annex 16 Part 4.

b) Aircraft operators with aircraft having a maximum take-off weight greater than 5,700 kg, reaching a level of 10,000 tons of emissions, shall develop a Fuel Monitoring Plan within three (3) months from the start of international flight operations.₂ 2. Fuel Monitoring Plan

annually exceeding 10,000 tons from aircraft with a maximum take-off weight greater than 5,700 kg shall establish a Fuel Monitoring Plan and conduct fuel consumption monitoring in accordance with Annex 16 Part 4.

a) Aircraft operators with annual CO2 emissions greater than 50,000 tons select one (1) out of five (5) fuel consumption monitoring methods and record the annual fuel consumption of international flights according to the selected method.₂ b) Aircraft operators with aircraft having a maximum take-off weight greater than 5,700 kg, reaching an emission level of 10,000 tons, shall establish a Fuel Monitoring Plan within three months from the start of international flight operations.

Article 10. Requirements for data management systems

Article 6. Emission Reports for International Flights

1. Annually, aircraft operators shall compile the fuel consumption from international flights in the reporting year and prepare an Emission Report.

a) Aircraft operators with annual CO2 emissions greater than 50,000 tons select one (1) out of five (5) fuel consumption monitoring methods and record the annual fuel consumption of international flights according to the selected method.₂ Aircraft operators with annual fuel consumption exceeding 10,000 tons from aircraft with a maximum take-off weight greater than 5,700 kg shall prepare an Emission Report according to Section 1.1 of the Appendix issued together with this Circular.

b) Aircraft operators other than those specified in point a of Clause 1 of this Article shall prepare an Emission Report according to Section 1.2 of the Appendix issued together with this Circular.

c) Aircraft operators shall apply fuel density to calculate the amount of fuel loaded onto the aircraft and record actual fuel density or standard fuel density when using it for operations and safety reasons. The use of actual or standard fuel density must be detailed in the Fuel Monitoring Plan and referenced to relevant documentation of the aircraft operator.

2. Carbon Monoxide (CO) emissions from aircraft shall be calculated according to the guidance in Annex 16, Volume 4.₂ The CO emission factor shall be used according to the guidance of ICAO.₂ Section 2. Monitoring and Reporting of Fuel Consumption for Domestic Flights

Article 7. Methods for Monitoring Fuel Consumption for Domestic Flights

Aircraft operators may choose one of the five methods for monitoring fuel consumption outlined in Clause 1 of Article 5 of this Circular or may use the CERT reporting and estimation tool to monitor fuel consumption and submit it to the Civil Aviation Administration of Vietnam.

Article 8. Reporting of Fuel Consumption for Domestic Flights

1. Aircraft operators, except as provided in Clause 2 of this Article, shall annually monitor fuel consumption of domestic flights using the selected monitoring method, compile, and prepare an Emission Report according to Section 2 of the Appendix issued together with this Circular.

2. Helicopter operators shall independently compile and prepare an Emission Report according to Section 2 of the Appendix issued together with this Circular.

Section 3. Management of Fuel Consumption and CO Emissions Database

Article 9. Requirements for Emission Reports₂

1. Emission reports from aircraft operators shall be submitted to the Civil Aviation Administration of Vietnam before March 1st each year to compile the database on fuel consumption and CO emissions in civil aviation in Vietnam. Data will be finalized from January 1st to December 31st of each year.

2. Emission reports from international flights of aircraft operators with annual CO emissions exceeding 10,000 tons from aircraft with a maximum take-off weight greater than 5,700 kg must be verified according to the guidance of Annex 16, Volume 4; and submitted to the Civil Aviation Administration of Vietnam before May 31st each year. Data will be finalized from January 1st to December 31st of each year.₂ 3. The Civil Aviation Administration of Vietnam shall be responsible for reviewing Emission Reports and verification reports according to the guidance of Annex 16, Volume 4.

Article 10. Requirements for the Database₂ 1. The database on fuel consumption and CO emissions shall be built from reports submitted by aircraft operators to the Civil Aviation Administration of Vietnam; processed, stored, and have an appropriate interface for accessing data through the internet; capable of exporting data.

2. Digitized databases must ensure authenticity, accuracy, non-editability, security, and confidentiality, and be retained for a minimum period of ten years.

1. The database on fuel consumption and CO2 emissions

is built from reports submitted by aircraft operators to the Civil Aviation Authority of Vietnam; processed, stored, and equipped with an interface suitable for accessing data via the internet; capable of data extraction.₂ must be maintained in digital form ensuring authenticity, accuracy, non-editability, security, safety, and storage for a minimum of ten years.

from aircraft, fulfilling national obligations as an ICAO member state, and serving state management by the Ministry of Transport.

Article 11. Exploitation and Use of Fuel Consumption Databases

Clause 1. The fuel consumption database of aircraft shall be exploited to serve the purpose of managing fuel consumption, reducing CO2 emissions from aircraft, fulfilling national obligations as an ICAO member state, and supporting the management work of the Ministry of Transport.₂ published and updated on the website of the Civil Aviation Authority of Vietnam to facilitate access and application by aircraft operators.

Clause 2. Organizations and individuals who wish to use the fuel consumption database as mentioned in Clause 1 of this Article shall be provided with information by the Vietnam Civil Aviation Authority through the method of granting access account to the database.

Chapter III
RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

Article 12. Responsibilities of the Vietnam Civil Aviation Authority

The Vietnam Civil Aviation Authority, performing the functions and tasks of the Civil Aviation Authority as stipulated in Decree No. 66/2015/NĐ-CP of the Government, shall be responsible for organizing, implementing, and executing this Circular and the following contents:

Point 1. Announcing and updating the list of organizations verifying emission reports in Vietnam to the ICAO CORSIA Central Registry; monitoring the CO2 emission factors published and updated on the Vietnam Civil Aviation Authority's website to facilitate users' search and application.₂ of international and domestic flights as prescribed in Circular No. 48/2017/TT-BGTVT dated December 13, 2017 of the Ministry of Transport on the statistical index system and reporting procedures for the transport sector.

Point 2. Compiling and reporting to the Ministry of Transport data on fuel consumption and CO2 emissions of international and domestic flights as prescribed in Circular No. 48/2017/TT-BGTVT dated December 13, 2017 of the Ministry of Transport regarding the statistical index system and reporting regulations for the transport industry.₂ from international flights before August 31 each year.

Point 3. Compiling and notifying ICAO of information about aircraft operators holding Vietnamese nationality with international flights; reporting emission data according to country pairs and total CO2 emissions from international flights before August 31 each year.₂ from aircraft bearing Vietnamese nationality complying with management, operation, use, and reporting requirements for databases serving state management in civil aviation.

Point 4. Organizing the construction, management, exploitation, and use of fuel consumption and CO2 emission databases from aircraft with Vietnamese nationality to meet management, exploitation, use, and reporting requirements of the database to serve civil aviation administrative work.₂ 6. Review whether information is to be made public or kept confidential at the request of aircraft operators and notify ICAO of data requiring confidentiality.

Point 5. Reviewing the fuel monitoring plans of aircraft operators according to the guidance of Annex 16 Part 4.

3. Store relevant records and data on fuel consumption for a minimum of ten years.

Point 6. Reviewing the public disclosure or confidentiality of information as requested by aircraft operators and notifying ICAO of data requiring confidentiality.

Article 13. Responsibilities of Aircraft Operators

Clause 1. Submitting to the Vietnam Civil Aviation Authority the fuel monitoring plan, emission report, and updating the fuel monitoring plan when there are changes related to the aircraft operator according to the guidance of Annex 16 Part 4.

, the Civil Aviation Authority of Vietnam shall implement guidance from ICAO in Annex 16 Part 4.

Clause 2. Implementing measures to prevent and handle missing data during the fuel consumption monitoring process according to the guidance of Annex 16 Part 4.₂The Civil Aviation Authority of Vietnam shall implement in accordance with the guidelines of ICAO in Annex 16, Volume 4.

Chapter IV
IMPLEMENTATION

Article 14. Effective Date

Clause 3. Storing records and data related to fuel consumption for a minimum period of ten years.

Article 15. Implementation Organization

Clause 4. In cases where aircraft operators fail to report or store fuel consumption and CO2 emission data, the Vietnam Civil Aviation Authority shall follow the guidelines of ICAO at Annex 16 Part 4.