JOINT CIRCULAR No. 45/2014/TTLT-BCT-BTC-BKHĐT GUIDING THE MANAGEMENT AND USE OF STATE BUDGET FUNDS TO IMPLEMENT THE NATIONAL TARGET PROGRAM ON ENERGY EFFICIENCY AND CONSERVATION FOR THE 2012-2015 PERIOD

JOINT CIRCULAR

Guidelines for managing and using state budget funds for the National Target Program on Efficient Energy Use a) Report to the Ministry of Natural Resources and Environment on the results of training and upgrading, including listing the teaching staff participating in teaching, evaluating the participation of trainees in the training process, the results of organizing examinations for completing the training and upgrading program on land valuation business, the issuance of Certificates and the use of Certificate codes, summarizing the feedback from trainees on the quality of the training and upgrading program on land valuation business, and other relevant matters.

from 2012 to 2015 tiết kiệm

và hiệu quả giai đoạn 2012 – 2015 ||| economy and efficiency period 2012 – 2015

_________________ 

Based on Decree No. 95/2012/NĐ-CP dated November 12, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government Decree No. 215/2013/NĐ-CP dated December 23, 2013 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Based on Decree No. 116/2008/NĐ-CP dated November 14, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

Pursuant to Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the State Budget Law;

Based on Decision No. 135/2009/QĐ-TTg dated November 4, 2009 of the Prime Minister promulgating the regulations on management and operation of national target programs;

Implementing Decision No. 1427/QĐ-TTg dated October 2, 2012 of the Prime Minister approving the National Target Program on Efficient Energy Use from 2012 to 2015;

The Ministers of the Ministry of Industry and Trade, the Ministry of Finance, and the Ministry of Planning and Investment issue this Circular guiding the management and use of state budget funds for implementing the National Target Program on Efficient Energy Use from 2012 to 2015 as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular guides the management and use of state budget funds for implementing the National Target Program on Efficient Energy Use from 2012 to 2015 (hereinafter referred to as the Program).

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

a) This Circular applies to organizations and individuals related to the management and use of funds for implementing tasks and projects under the Program;

b) In cases where international treaties to which Vietnam is a party provide different provisions, such treaty provisions shall apply.

Article 2. Sources of Funds for Implementing Tasks Under the Program

1. The sources of funds for implementing the Program include state budget funds (central budget, local budget), funding from domestic and foreign organizations, contributions from enterprises, and other lawful sources of funding as prescribed.

2. The central budget ensures funds for implementing tasks and projects under the Program managed by central ministries and sectors.

3. Local budgets ensure funds for implementing tasks under the Program managed by localities.

Article 3. Principles of Management and Use of Funds

1. The management and use of funds for implementing tasks and projects under the Program must be in accordance with their intended purposes, comply with relevant regulations, ensure efficiency and feasibility when implemented, be subject to inspection, supervision, and evaluation by competent authorities; and annual settlement of funds used and final settlement upon completion of tasks and projects according to current regulations.

2. The management and use of funds must comply with current legal provisions.

3. Ministries, sectors, and People's Committees at all levels, when deciding to invest in new construction, expansion, or renovation of facilities using state budget funds allocated from other Programs that involve energy efficiency, shall not support investment in such projects with funds from the Program.

Chapter II

SPECIFIC PROVISIONS

Article 4. Contents of expenditures to implement tasks and projects under the Program

1. Expenditures from public service funds:

a) Enhancing education, propaganda, dissemination of information, mobilizing the community, raising awareness, promoting the use of energy efficiently and economically, protecting the environment:

- Propaganda and raising awareness about using energy efficiently and economically among the people;

- Incorporating educational programs on using energy efficiently and economically into the national education system;

- Building pilot models for large-scale alternative energy forms and energy-saving family models.

b) Developing and disseminating high-efficiency, energy-saving equipment, gradually phasing out low-efficiency equipment:

- Establishing energy efficiency standards and implementing the mandatory energy labeling program;

- Providing technical support to manufacturers, assemblers, importers, retailers of high-energy-efficiency products and domestic energy efficiency testing laboratories;

- Supporting enterprises in applying technical standards and quotas, improving efficiency to use energy efficiently and economically;

- Establishing energy management standards and models at energy-consuming facilities.

c) Using energy efficiently and economically in buildings:

- Strengthening the application of energy-saving standards during new construction and renovation of large-scale buildings;

- Implementing energy-saving solutions, technologies, equipment, and materials;

- Using energy efficiently and economically in public lighting.

d) Promoting energy savings in the transportation sector:

- Energy savings in transportation infrastructure planning and construction;

- Improving energy efficiency in the operation and exploitation of transportation systems;

- Applying new technologies and renewable energy in transportation.

2. Expenditures from development investment funds:

a) Investing in the construction of two national-level energy management training centers in Hanoi and Ho Chi Minh City during the period of 2012-2015;

b) Supporting the construction and upgrading of domestic energy efficiency testing laboratories;

c) Supporting production facilities to invest in converting production lines and technology, adopting energy-using products or investing in production lines that produce energy-saving equipment meeting energy efficiency standards;

d) Supporting improvements in production line efficiency: Supporting investments in replacing and improving the efficiency of old equipment to implement energy-saving plans; improving the efficiency of new equipment, supporting in determining optimal operating parameters for production lines with newly installed equipment;

đ) Supporting investments in constructing pilot projects to replace, apply, and install new equipment and technologies, low-efficiency equipment with high-efficiency equipment in new and existing buildings;

e) Supporting businesses to invest in energy-saving projects in accordance with the Agreement.

3. Financial resources from organizations and individuals both domestically and internationally, business funds, and other legitimate sources raised to implement the Program must comply with current legal regulations.

Article 5. Certain specific expenditure levels according to the sources of public funds

1. Certain general expenditure levels:

The expenditure for certain activities under the Program shall be carried out in accordance with current regulations, specifically as follows:

a) Conferences, seminars, training sessions, domestic business trips, enhanced education, information dissemination, community mobilization, raising awareness, promoting energy efficiency and conservation, environmental protection shall be implemented in accordance with Circular No. 97/2010/TT-BTC dated July 6, 2010 of the Ministry of Finance on travel expenses and conference organization costs for state agencies and public institutions. Short-term overseas business trip expenses shall be implemented in accordance with Circular No. 102/2012/TT-BTC dated June 21, 2012 of the Ministry of Finance on travel expenses for state officials and civil servants on short-term overseas business trips funded by the state budget.

b) Compiling programs, textbooks, training materials in accordance with the requirements of the Program shall be carried out in accordance with Circular No. 123/2009/TT-BTC dated June 17, 2009 of the Ministry of Finance on the content and expenditure levels for building framework programs and compiling programs and textbooks for university, college, and vocational high school courses.

c) Organizing energy-saving competitions shall be carried out in accordance with Circular No. 101/2009/TT-BTC dated May 20, 2009 of the Ministry of Finance on managing, using, and settling accounts for funding to ensure the implementation of projects and programs under the Youth Vocational Training and Employment Support Project for the 2008-2015 period; national energy-efficient building contests, design and application contests for energy-saving solutions in buildings shall be carried out in accordance with Circular No. 52/2007/TT-BTC dated May 21, 2007 of the Ministry of Finance on financial systems for technical innovation contests.

d) Expenditure for enhancing staff capacity shall be carried out in accordance with Circular No. 139/2010/TT-BTC dated September 21, 2010 of the Ministry of Finance on guidelines for preparing budgets, managing, and using state budget funds for staff training and development.

đ) Survey and investigation expenses shall be carried out in accordance with Circular No. 58/2011/TT-BTC dated May 11, 2011 of the Ministry of Finance on managing, using, and settling accounts for survey and statistical investigation expenses.

e) Expenses for creating electronic information shall be carried out in accordance with Circular No. 194/2012/TT-BTC dated November 15, 2012 of the Ministry of Finance on guidelines for electronic information creation expenses.

g) Expenses for developing energy efficiency standards, high-efficiency public lighting standards, energy-saving lighting standards, and establishing energy consumption norms in certain production types and buildings shall be carried out in accordance with Circular No. 145/2009/TTLT-BTC-BKHCN dated July 17, 2009 of the Ministry of Finance and the Ministry of Science and Technology on managing and using funds for developing national standards and technical regulations.

h) For projects/programs using Official Development Assistance (ODA) funds: they shall be carried out in accordance with the expenditure levels specified in Circular No. 219/2009/TT-BTC dated November 19, 2009 of the Ministry of Finance and Circular No. 192/2011/TT-BTC dated December 26, 2011 of the Ministry of Finance amending and supplementing some articles of Circular No. 219/2009/TT-BTC on certain expenditure standards applicable to projects/programs using ODA funds.

2. Certain special expenditure levels

a) Construction model expenses:

- For models using energy savings in each household, the state budget will support up to 30% of material and equipment costs but not exceeding VND 1,000,000 per model (solar water heater or biogas digester model).

- For households in poverty, it shall be implemented in accordance with Decision No. 09/2011/QD-TTg dated January 30, 2011 of the Prime Minister on issuing the poverty standard for the 2011-2015 period, the state budget support level will be twice that specified for the energy-saving models mentioned above.

- For models related to energy management in buildings and enterprises, the state budget will support up to 50% of consulting and implementation costs but not exceeding VND 70,000,000 per model.

b) Energy audit expenses for buildings and enterprises, the state budget will support up to 50% of audit costs but not exceeding VND 100,000,000 per enterprise, specifically as follows:

- Buildings and enterprises consuming up to 1 million kWh/year or equivalent to up to 160 tons of oil equivalent (TOE)/year: the support level will not exceed VND 30,000,000 per enterprise.

- Buildings and enterprises consuming from 1 to less than 2 million kWh/year or equivalent to from 160 to less than 320 TOE/year: the support level will not exceed VND 50,000,000 per enterprise.

- Buildings and enterprises consuming from 2 to less than 3 million kWh/year or equivalent to from 320 to less than 500 TOE/year: the support level will not exceed VND 75,000,000 per enterprise.

- Enterprises consuming from 3 to 6 million kWh/year or equivalent to from 500 to 1000 TOE/year: the support level will not exceed VND 100,000,000 per enterprise.

c) Technical assistance expenses for manufacturers, assemblers, importers, retailers of high-efficiency products, and domestic energy performance testing organizations in implementing the energy label program through specialized seminars, exhibition activities, product display booths, evaluation, certification, and capacity-building training: the state budget will support the implementation and execution of the energy label program up to a maximum of VND 100,000,000 per enterprise with three or more product types applying labels within a year.

d) For the industrial model of energy-efficient hot water solar tank usage (with automatic control system and minimum capacity of 5,000 liters/day), the state budget supports up to 30% of material and equipment costs but not exceeding 100 million VND per model.

đ) For conducting energy audits at thermal power plants, the state budget supports up to 20% of audit costs but not exceeding 200 million VND per plant.

Article 6. Level of Investment Cost Support for Implementing the Project

1. For the two National Energy Management Training Centers specified in point a, Clause 2, Article 4 of this Circular, the maximum support level does not exceed 15 billion VND for each Center.

2. For projects investing in building and upgrading domestic energy efficiency laboratories as specified in point b, Clause 2, Article 4 of this Circular, the maximum support level does not exceed 30% of the total investment cost and not exceeding 10 billion VND per project.

3. For energy-saving investment projects specified in points c and d, Clause 2, Article 4 of this Circular, the maximum support level does not exceed 30% of the approved total investment cost of the project and not exceeding 7 billion VND per project.

4. For energy-saving investment projects specified in point đ, Clause 2, Article 4 of this Circular, the maximum support level does not exceed 30% of the approved total investment cost of the investment project and not exceeding 5 billion VND per project.

5. For small and medium-sized enterprises' energy-saving projects, pilot model construction projects, and pilot projects for promoting high-efficiency equipment: the level of support from foreign-funded sources does not exceed 50% of the approved total investment cost of the investment project and not exceeding 3 billion VND.

6. Based on specific circumstances, the agency in charge of the Program shall approve appropriate levels of support consistent with the nature and scale of each project without exceeding the above levels.

Article 7. Conditions for Receiving Financial Support to Implement the Program

Organizations and individuals implementing programs, tasks, and projects receiving financial support from the National Target Program on Efficient and Effective Energy Use must ensure the following conditions:

1. The content of the program, task, or project must be consistent with the support content of the National Target Program on Efficient and Effective Energy Use as stipulated in Decision No. 1427/QĐ-TTg dated October 2, 2012, of the Prime Minister.

2. Programs, tasks, and projects must be selected according to the current regulations on selecting programs, tasks, and projects under the National Target Program on Efficient and Effective Energy Use.

3. There must be a commitment to allocate sufficient funds according to the project implementation schedule for the portion of funds that fall within the responsibility of the enterprise, organization, or individual to implement the approved program, task, or project.

4. For investment projects of enterprises, there must be a decision approving financial support from the state budget issued by the competent authority.

5. Tasks and projects have not been supported from other state financial sources.

Article 8. Establishment, Review, and Approval of Tasks and Projects Under the Program

1. Based on the tasks and projects specified in Decision No. 1427/QĐ-TTg dated October 2, 2012, of the Prime Minister, ministries, central agencies, and localities in charge assign tasks to organizations and individuals to implement tasks and projects under the Program.

2. Organizations and individuals implementing tasks and projects under the National Target Program on Efficient and Effective Energy Use are responsible for coordinating with relevant agencies and units to develop tasks and projects in accordance with regulations and propose funding sources for implementation; they must provide detailed explanations of the basis for calculation and phased funding sources for implementation annually. Depending on the nature of each task and project, the establishment, review, and approval of tasks and projects will be carried out as follows:

a) For projects funded from development investment funds: the establishment, review, and approval of projects are carried out in accordance with current regulations on investment construction management.

b) For tasks and projects funded from operating funds: based on the objectives, content, and nature of each task and project, organizations and individuals implementing tasks and projects base on specific workload and current financial regulations, prepare outlines and budgets for tasks and projects, and submit them to the competent authority for approval.

Article 9. Establishment, Implementation, and Settlement of the Program's Budget

The establishment of the budget, allocation, management, and settlement of funds for implementing tasks and projects under the Program shall be carried out in accordance with the provisions of Decision No. 135/2009/QĐ-TTg dated November 4, 2009, issued by the Prime Minister on the regulations for managing and directing the implementation of National Target Programs. This Circular provides detailed guidance on the following additional contents:

1. Annual Budget Establishment:

a) Each year, based on the tasks and projects under the Program approved by the competent authority, the agency managing and implementing the Program conducts an assessment of the implementation of the Program in the previous year; based on the requirements, content, and progress of the tasks and projects, organizations and individuals responsible for implementing the tasks and projects under the Program are required to establish the budget report to the Ministry, central agencies, and localities for consideration and consolidation into the Program's budget to be sent to the Ministry of Industry and Trade for consolidation;

b) The Ministry of Industry and Trade establishes the budget for projects, programs, and tasks implemented by the Ministry; consolidates and reviews the funds for projects, programs, and tasks of other Ministries and sectors, and sends them to the Ministry of Finance and the Ministry of Planning and Investment at the time of establishing the annual state budget;

c) Based on the total amount of funds for the National Target Program on energy efficiency and rational use of energy announced by the competent authority, the Ministry of Industry and Trade takes the lead in coordinating with the Ministry of Finance and the Ministry of Planning and Investment to propose the allocation of funds for the Program (in detail according to each project; domestic and foreign sources, operating expenses - investment capital) to central ministries and agencies and localities in line with the approved objectives and tasks; send to the Ministry of Finance and the Ministry of Planning and Investment for consolidation and submission to the Government and the National Assembly for decision in accordance with the State Budget Law.

2. Implementation of the Budget:

a) Based on the plan and state budget established by the competent authority, ministries, sectors, and localities are responsible for allocating and assigning the budget to subordinate units according to the Program code. This code is used in the execution of the budget, accounting, and settlement of the state budget;

b) Agencies managing the implementation of the Program are responsible for establishing, reviewing, and approving the detailed content of each project and task in the list of assigned projects under the Program;

c) The provisional advance payment for projects and tasks under the Program, after approval by the competent authority or after signing the implementation contract, shall not exceed 70% of the funding according to the progress of the projects and tasks supported by the Program.

3. Settlement of Funds:

a) Annually, organizations and individuals allocated and assigned the budget for implementing the Program are responsible for settling the use of Program funds in accordance with the prescribed regulations;

b) Annually, audit procedures are conducted for the use of Program funds.

Chapter III

IMPLEMENTATION

Article 10. Implementation Organization

1. Ministry of Industry and Trade:

a) Review and consolidate the plan and funding needs for the National Target Program on energy efficiency and rational use of energy annually based on the proposals of ministries, sectors, and centrally governed cities and provinces, and send to the Ministry of Finance and the Ministry of Planning and Investment for consolidation and reporting to the competent authority for consideration and decision; take the lead in providing plans and activities of the Program to donors according to signed agreements (if any);

b) Take the lead in coordinating with the Ministry of Planning and Investment, the Ministry of Finance, and foreign donors to assess the implementation of the Program; consolidate and report to the Prime Minister, while sending reports on the implementation of the Program to the Ministry of Planning and Investment and the Ministry of Finance, and provide reports on the implementation of the Program to donors according to signed agreements (if any);

c) Take the lead in building and approving tasks and projects assigned according to the list issued together with Decision No. 1427/QĐ-TTg dated October 2, 2012, of the Prime Minister (objectives, tasks, content, and budget estimates, phased capital implementation each year). Organize effective implementation of Program tasks and projects; coordinate integration with other programs and projects to implement effectively;

d) Take the lead in developing, disseminating, and guiding the system of indicators for monitoring, evaluating the results of implementation, and assessing the impact of the Program;

đ) Regularly (every six months and annually) compile reports on the implementation of the Program and submit them to the Steering Committee of the Program, the Office of the Government, the Ministry of Planning and Investment, the Ministry of Finance; donors (for ODA and aid funds). Six-month reports are submitted before August 15, and annual reports are submitted before April 30 of the following year;

e) Take the lead in selecting units to prepare impact assessment reports for the Program;

g) Consolidate and prepare final reports for the Program and submit them to the Steering Committee of the Program.

2. Ministries, Sectors, People's Committees of Provinces and Central Cities:

a) Are responsible for approving tasks and projects assigned according to the list issued together with Decision No. 1427/QĐ-TTg dated October 2, 2012, of the Prime Minister (objectives, tasks, content, and budget estimates, phased capital implementation each year);

b) Organize the implementation of Program tasks and projects assigned according to the guidance of the Ministry of Industry and Trade and the approved plan. Direct subordinate units to use funds for their intended purpose, efficiently, without loss, and settle the budget in accordance with current regulations;

c) Implement integration with other programs and projects to effectively implement the Program;

d) Mobilize contributions from private economic sectors, organizations, and individuals both domestically and internationally to invest in the Program in accordance with the law;

đ) Coordinate with the Ministry of Industry and Trade to report to donors according to signed agreements (if any).

3. The Ministry of Planning and Investment, the Ministry of Finance, based on the tasks and projects of the Program, according to the proposals of the Ministry of Industry and Trade, ministries, sectors, and localities, balance and allocate annual plans in accordance with the State Budget Law to implement the Program; notify the Ministry of Industry and Trade to monitor and consolidate reports to the Steering Committee of the Program.

4. Units responsible for implementing tasks and projects shall regularly report (every six months and annually) on the implementation status to the Ministry or sector (for tasks and projects led by the Ministry or sector), and to the People's Committee of the province or centrally governed city (for tasks and projects led by localities). The Ministries, sectors, People's Committees of provinces and centrally governed cities shall be responsible for compiling and submitting reports to the Steering Board of the Program (through the Program Office at the Ministry of Industry and Trade), the Ministry of Finance, and the Ministry of Planning and Investment; semi-annual reports must be submitted before July 20, and annual reports must be submitted before March 31 of the following year.

Article 11. Effective Date

1. This Circular takes effect from January 12, 2015.

2. This joint Circular replaces Circular Joint Circular No. 142/2007/TTLT-BTC-BCT dated November 30, 2007 of the Ministry of Finance and the Ministry of Industry and Trade on guiding the management and use of state budget funds for the implementation of the National Target Program on Efficient Energy Use.

3. In the course of implementation, if there are any difficulties, they should be promptly reflected to the Ministry of Industry and Trade, the Ministry of Finance, and the Ministry of Planning and Investment for consideration and resolution./.