Circular No. 39/2011/TT-BCT on training and issuing certificates for energy managers and energy auditors

CIRCULAR

Regulations on training and issuing energy management certificates and energy auditor certificates

and energy auditor certification

Pursuant to Decree No. 189/2007/ND-CP dated December 27, 2007, issued by the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 44/2011/NĐ-CP of the Government dated June 14, 2011 amending and supplementing Article 3 of Decree No. 189/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Law on Rational and Efficient Energy Use;

Pursuant to Decree No. 21/2011/ND-CP dated March 29, 2011, issued by the Government, detailing and providing measures to implement the Law on Rational and Efficient Energy Use;

The Minister of Industry and Trade hereby stipulates on training and issuing energy management certificates and energy auditor certificates as follows,

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars regulate training for energy management and energy auditors; the authority to issue and recognize energy management certificates; and to issue, recognize, and revoke energy auditor certificates.

Article 2. Applicability

This Circular applies to organizations and individuals participating in activities related to training, issuing, recognizing energy management certificates; training, issuing, recognizing, revoking energy auditor certificates.

Article 3. Explanation of Terms

1. Energy Management Certificate: is a certificate issued by the Ministry of Industry and Trade to individuals who have successfully completed the energy management certificate examination.

2. Energy Auditor Certificate: is a professional practice certificate issued by the Ministry of Industry and Trade to individuals who have successfully completed the energy auditor certificate examination.

Chapter II
TRAINING INSTITUTIONS FOR ENERGY MANAGEMENT AND ENERGY AUDITORS

AUDITOR OF ENERGY

A training institution for energy management and energy auditors is an organization established in accordance with the law and meeting the following conditions:

1. Regarding physical facilities

a) Having classrooms with an area, lighting, and ventilation conditions that comply with Vietnamese standards; having minimum teaching equipment including computers, projectors, screens, writing boards, and other necessary devices;

b) Having practical facilities for thermal systems, pump systems, fan systems, compressed air systems, and lighting systems;

c) Having complete energy auditing equipment.

2. Regarding the teaching staff

a) Must have a sufficient number of lecturers to meet the scale of training, including at least two lecturers who are permanent staff members of the training institution;

b) Lecturers must have a bachelor's degree or higher in relevant technical fields related to energy and energy auditing, meeting the requirements of the training program.

3. Having a management system that meets the requirements of expertise and professional skills to organize training.

Training institutions that meet the conditions stipulated in Article 4 of this Circular shall prepare application documents to be submitted to the General Department of Energy. The application documents include:

1. An application form requesting recognition as a training institution for energy management and energy auditors, which should include information about the training institution such as the legal representative, contact address, phone number, email, and website. The format of the Application Form is specified in Appendix 1 of this Circular.

2. A copy of the Business Registration Certificate or Decision on Establishment of the Training Institution.

3. A description of physical facilities and the teaching staff according to the provisions of Article 4 of this Circular.

1. Within five working days from the date of receipt of the application documents of the training institution, the General Department of Energy will examine the validity of the documents. In case the documents are not valid, the General Department of Energy will request the training institution to supplement the documents.

2. Within thirty working days from the date of receipt of valid application documents, the General Department of Energy will organize an evaluation and inspection of the actual capacity of the training institution according to the contents stipulated in Article 4 of this Circular and submit to the Minister of Industry and Trade for a decision to recognize the institution as meeting the conditions for training energy management and energy auditors. The format of the Decision is specified in Appendix 2 of this Circular.

Chapter III
ORGANIZATIONS TRAINING AND ISSUING ENERGY MANAGEMENT CERTIFICATES AND ENERGY AUDITOR CERTIFICATES

Article 7. Conditions for Participants in the Training Program

1. Individuals participating in the energy management training program must meet the conditions specified in point a, Clause 1, Article 35 of the Law on Rational and Efficient Energy Use.

2. Participants in the recruitment for the energy auditor training course must have a bachelor's degree or higher in the field of energy or related engineering fields and have at least three years of work experience in the energy sector.

Article 8. Training Organization

1. Training institutions widely announce admissions through mass media and post notices at their premises. The admission announcement includes:

a) The purpose and requirements of the training course;

b) Content of the training program, duration, location, funding, and other necessary information for the training course.

2. The training institution conducts its own recruitment and sends a written notice to the General Department of Energy seven (07) working days before the start of the training course, providing information about the purpose, location, time, number of trainees, and instructors participating in the training course. In case there are changes to the plan, the training institution must promptly notify the General Department of Energy.

3. The training institution conducts training in accordance with the content of the program prescribed by the Ministry of Industry and Trade and issues a Certificate confirming completion of the energy management and energy auditor training course to the trainees as prescribed.

4. The training institution may charge tuition fees from trainees in accordance with the law to ensure the principle of revenue covering expenses.

5. The training institution has the responsibility to report in writing to the General Department of Energy about the training process at the institution within ten days after completing the training course.

Article 9. Conditions for taking the examination to obtain certificates

1. Students must have a certificate confirming completion of the energy management training course or energy auditor training course and pay the prescribed fees.

2. The following subjects are eligible to take the examination to obtain certificates without having to participate in the training courses:

a) Graduates with a bachelor's degree or higher in energy management or energy auditing;

b) Individuals holding certificates from international organizations confirming completion of energy management or energy auditor training courses recognized and accepted in Vietnam.

Article 10. Issuance of Certificates and Recognition/Acceptance of Certificates

2. Individuals holding certificates issued by foreign organizations with recognized mutual recognition agreements or international organizations are recognized and accepted in Vietnam in accordance with the law.

Article 11. Replacement and Reissuance of Energy Management and Energy Auditor Certificates

1. In cases where the certificate is torn, damaged, or lost, the certificate holder has the right to request a replacement or reissue of the certificate.

2. The application for replacement or reissue includes:

a) A request form (specifying the reasons for requesting replacement or reissue);

b) Two 3x4 photos.

4. Applicants for replacement or reissue must pay the prescribed fee.

Article 12. Revocation of Energy Auditor Certificate

In cases where individuals holding energy auditor certificates misuse them, they will be subject to penalties and revocation of their energy auditor certificates under Article 12 of Decree No. 73/2011/NĐ-CP dated August 24, 2011 of the Government stipulating administrative penalties for the misuse of energy conservation and efficiency.

Article 13. Record Keeping

1. Training institutions for energy management and energy auditors are responsible for storing training records in accordance with the law on record keeping. Records include:

a) Admission files of students, lists of students who received certificates upon completion of each training course;

b) Lists of lecturers participating in teaching each course;

c) Registers of issuance of energy management training certificates and advanced vocational training certificates.

2. The General Department of Energy is responsible for storing records in accordance with the law on record keeping. Records include:

a) Lists of candidates for certification examinations and examination results;

b) Lists of certified individuals;

c) Applications and lists of individuals requesting replacement or reissue of certificates.

Chapter IV
IMPLEMENTATION

Article 14. Effective Date

This Circular takes effect from December 15, 2011.

Article 15. Implementation Organization

1. The General Department of Energy is responsible for supervising the training process of energy management and energy auditor training institutions.

2. Relevant organizations and individuals are responsible for implementing this Circular and submitting comments and suggestions to the General Department of Energy for guidance and resolution of arising difficulties and obstacles.