The Law on Rational and Efficient Energy Use stipulates the rational and efficient use of energy in various fields such as industrial production, construction, transportation, agriculture, services, and households. This Law applies to organizations, households, and individuals in Vietnam and takes effect from January 1, 2011.
Scope of application
Organizations, households, and individuals using energy in Vietnam
Key points
- Industrial production facilities must develop annual plans for rational and efficient energy use; apply technical standards for energy use.
- Hotel owners, supermarket managers, restaurant owners must implement rational and efficient energy use in construction activities, lighting, management of means and equipment.
- The State encourages households to design and construct houses capable of utilizing natural light; use thermal insulation materials, household appliances that are energy-saving products.
- Key energy-consuming facilities must conduct energy audits and develop annual plans for rational and efficient energy use.
- The State implements management measures for rational and efficient energy use for means and equipment such as establishing energy efficiency standards, affixing energy labels.
🌐 Social impact of this document
- Positive impacts: Reduce energy losses, protect the environment, enhance energy use efficiency.
- Negative impacts: Initial investment costs for energy-saving solutions may be higher than traditional options.
❓ Frequently asked questions
What are industrial production facilities required to do under this Law?
Industrial production facilities must develop annual plans for rational and efficient energy use, apply technical standards for energy use, select high-efficiency equipment and technology.
How does the State support activities for rational and efficient energy use?
The State provides financial support from the national program on rational and efficient energy use, export tax incentives, import tax incentives, corporate income tax incentives, preferential loans from development banks.
What must key energy-consuming facilities do?
Key energy-consuming facilities must develop and implement annual plans for rational and efficient energy use, conduct energy audits every three years.
Does the State have regulations on energy efficiency standards for means and equipment?
Yes, the Ministry of Science and Technology publishes energy efficiency standards, minimum energy performance levels every five years.
How does the State support research and development of energy-saving technologies?
The State prioritizes financial support and develops scientific and technological research programs for rational and efficient energy use.
Full text
LAW
Efficient and Rational Energy Use
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BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;
The National Assembly promulgates the Law on Efficient and Rational Energy Use.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Law stipulates efficient and rational energy use; policies and measures to promote efficient and rational energy use; rights, obligations, and responsibilities of organizations, households, and individuals in efficient and rational energy use.
Article 2. Applicability
This Law applies to organizations, households, and individuals using energy in Vietnam.
Article 3. Explanation of Terms
In this Law, the following terms shall be understood as follows:
1. Energy includes fuel, electric power, thermal energy obtained directly or through processing from non-renewable and renewable energy resources.
2. Non-renewable energy resources include coal, gas shale, oil, natural gas, uranium ore, and other non-renewable energy resources.
3. Renewable energy resources include hydropower, wind power, solar power, geothermal energy, biofuel, and other renewable energy resources.
4. Fuel refers to materials used directly or after processing as combustible substances.
5. Efficient and rational energy use means applying management and technical measures to reduce losses, decrease energy consumption levels of equipment while ensuring requirements and objectives for production processes and daily life.
6. Energy audit is an activity involving measurement, analysis, calculation, and evaluation to determine energy consumption levels, potential for energy savings, and propose solutions for efficient and rational energy use at energy-consuming facilities.
7. Energy label is a label providing information about the type of energy used, energy consumption level, energy efficiency, and other information that helps consumers recognize and choose energy-saving equipment.
8. Applying energy labels involves affixing, attaching, printing, or engraving energy labels onto products or packaging.
9. Energy efficiency is an index indicating the ability of equipment to convert used energy into useful energy.
Article 4. Principles of Efficient and Rational Energy Use
1. In line with the national energy strategy, overall planning on energy, energy security policy, and environmental protection.
2. To be implemented consistently throughout the process from managing and exploiting energy resources to final consumption stages.
3. It is the responsibility of state management agencies, the right and obligation of organizations, households, individuals, and the whole society.
Article 5. State Policies on Efficient and Rational Energy Use
1. Implementing measures for efficient and rational energy use to serve economic and social development is among the top priorities.
2. Financial support, energy pricing, and other preferential policies necessary to promote efficient and rational energy use.
4. Encourage the use of energy-saving equipment; implement a timeline for applying energy labels; gradually phase out outdated technology equipment with low energy efficiency.
2. The Prime Minister shall direct the development and implementation of energy utilization strategies, plans, and programs.
a) Ensuring stable and safe energy supply; rational and efficient use of energy resources;
b) Forecasting energy supply and demand in accordance with national economic and social development strategies, plans, and harmonizing coal, oil and gas, power, and other energy sector plans;
c) Promoting energy-efficient and effective utilization; prioritizing reasonable development of clean energy technologies; increasing the proportion of renewable energy usage;
d) Developing and implementing a roadmap for manufacturing vehicles, equipment, and construction materials that conserve energy.
The Ministry of Industry and Trade shall take the lead in coordinating with state agencies responsible for statistics to submit to the Government for issuance of energy utilization statistical indicators within the national statistical index system as prescribed by this Law and laws on statistics.
Article 8. Prohibited Acts
1. Destruction of national energy resource sources.
2. Fraudulent acts to obtain preferential policies from the State in energy-efficient and effective activities.
3. Misusing positions or powers in managing energy-efficient and effective activities for personal gain.
4. Intentionally providing false information about the energy efficiency of vehicles and equipment in energy labeling, testing, advertising, and other activities causing damage to the interests of the State, legitimate rights and interests of organizations, households, and individuals.
5. Producing, importing, or circulating vehicles and equipment using energy listed in the catalog of items to be phased out issued by competent state authorities.
Chapter II
ENERGY EFFICIENCY AND EFFECTIVENESS IN INDUSTRIAL PRODUCTION
Article 9. Responsibilities for energy-efficient and effective utilization by industrial production facilities
1. Industrial production facilities include production, processing, and manufacturing establishments; manufacturing and repair facilities; mining operations; and energy production and supply facilities.
2. Industrial production facilities have the responsibility to:
a) Develop and implement annual energy-efficient and effective utilization plans; integrate energy management programs with quality management, cleaner production, environmental protection programs of the facility;
b) Apply technical standards, regulations, and energy consumption quotas established by competent state authorities; select and apply advanced production processes and models, appropriate technological measures, and high-efficiency energy-consuming equipment; utilize more efficient alternative energy forms in production chains;
c) Implement architectural and technical measures to maximize the effectiveness of lighting, ventilation, and cooling systems; maximize the use of natural light and ventilation;
d) Operate and maintain production chain equipment according to procedures to prevent energy loss;
đ) Gradually phase out outdated technology equipment that consumes excessive energy as prescribed by
Article 10. Measures for energy conservation and efficiency in production, processing, and manufacturing facilities
Production, processing, and manufacturing facilities shall base their selection and application of technological and management measures on technical standards, regulations, and energy consumption norms as follows:
1. Invest in modernizing production, processing, and manufacturing lines; replace outdated equipment with low energy efficiency to save energy and protect the environment;
2. Improve and rationalize processes:
a) Fuel combustion in steam boilers, smelting furnaces, kilns, and drying ovens;
b) Heat exchange in heating and cooling equipment;
c) Conversion of thermal energy to electrical energy, electrical energy to thermal energy, mechanical energy, and other forms of energy conversion;
3. Utilize excess heat from steam boilers, smelting furnaces, kilns, and hot exhaust steam for production and daily life purposes;
4. Apply technical measures to reduce energy losses in power supply and heat supply systems;
5. Use high-efficiency electric motors, steam boilers, pumps, variable frequency drives, and motor speed control devices for new construction projects, replacement, or repair;
6. Apply combined heat and power technology for processing, manufacturing, and production facilities with potential for developing electricity and heat loads.
Article 11. Measures for energy conservation and efficiency in manufacturing and repair facilities
Manufacturing and repair facilities shall base their selection and application of technological and management measures on technical standards, regulations, and energy consumption norms as follows:
1. Develop and implement plans to replace outdated equipment; invest in installing new generation machine tools with advanced technology and high automation;
2. Apply proven energy-saving and highly efficient technological methods for material melting, forging, pressing, milling, turning, and product processing;
3. Install variable frequency drives and motor speed control devices for cranes, lifting, and conveying equipment according to power demand; rationally arrange production lines to save energy.
Article 12. Measures for energy conservation and efficiency in mining facilities
Mining facilities shall base their selection and application of technological and management measures on technical standards, regulations, and energy consumption norms as follows:
1. Apply reasonable mining procedures to reduce fuel, electricity, and water consumption for mining equipment;
2. Select appropriate equipment suitable for mine conditions to increase mining productivity while saving energy;
3. Apply energy-saving technology in ore screening, beneficiation, transportation;
4. Design and install ventilation systems in underground mines to ensure energy-efficient operation.
Article 13. Measures for energy conservation and efficiency in energy production and supply facilities
1. Energy production and supply facilities shall apply technological and management measures based on technical standards, regulations, and energy consumption norms as follows:
a) Choose high-efficiency technologies; install complete measurement and operational parameter checking equipment; regularly organize calibration and maintenance of boilers, machines, and auxiliary equipment in power plants to ensure overall plant efficiency meets design requirements;
b) Utilize waste heat and high-temperature exhaust steam to provide for fuel combustion, fuel drying, and boiler feedwater heating to enhance power generation efficiency;
c) Power generation facilities must comply with national power system dispatching procedures; develop and implement plans to reduce self-consumption electricity;
e) Fuel extraction and supply units must use safe and appropriate storage tanks and transport vehicles to reduce loss, prevent environmental pollution, and avoid energy wastage;
Article 14. Responsibility for energy conservation and efficiency in small-scale industrial production facilities
Small-scale industrial production facilities shall be responsible for selecting and applying technological measures and management methods to conserve and use energy efficiently as prescribed in Articles 9, 10, and 11 of this Law, in accordance with the scale and industry of production.
Chapter III
ENERGY CONSERVATION AND EFFICIENCY IN CONSTRUCTION AND PUBLIC LIGHTING
Article 15. Measures for energy conservation and efficiency in construction activities
1. Apply planning and architectural design solutions that are suitable to natural conditions to reduce energy consumption for lighting, ventilation, cooling, and heating.
2. Use thermal insulation materials that meet national standards or foreign standards on energy performance levels recognized and applied by competent state authorities to limit heat transfer through walls, roofs, doors, and windows.
3. Use and install high-efficiency equipment designed and produced in compliance with national standards or foreign standards on energy performance levels recognized and applied by competent state authorities.
4. Use automatic management and control systems to operate energy-consuming equipment in accordance with the scale of the project.
5. Install electrical and thermal measuring devices, temperature control devices in rooms, and devices to monitor the power supply system in buildings in accordance with weather conditions and usage purposes.
6. Use energy-saving building materials, non-fired materials, and install solar energy and biogas utilization equipment in construction projects.
7. Apply technical standards, norms, and energy consumption quotas for energy conservation and efficiency in construction projects.
Article 16. State Management Responsibilities for Energy Conservation and Efficiency in Construction Activities
1. The Ministry of Construction shall take the lead and coordinate with the Ministry of Industry and Trade and other relevant ministries and agencies to issue energy consumption quotas and technical standards for design, construction, and building materials aimed at conserving and using energy efficiently.
2. Provincial People's Committees (hereinafter referred to as provincial-level People's Committees) shall be responsible for synchronously applying management and control measures to strictly enforce regulations on energy conservation and efficiency in construction activities within their localities.
3. State management agencies for construction shall be responsible for promptly inspecting and handling violations of regulations on energy conservation and efficiency in ongoing and renovation construction projects; they shall not issue construction permits for projects that do not comply with energy consumption quotas and technical standards aimed at conserving and using energy efficiently.
Article 17. Responsibilities for Energy Conservation and Efficiency in Public Lighting
Investors and heads of public lighting management facilities shall be responsible for implementing the following requirements:
1. Ensuring that public lighting systems are designed according to technical standards and norms for each project and lighting area; prioritizing the use of high-efficiency lighting equipment, renewable energy lighting equipment, and natural light sources.
2. When repairing, replacing, or installing new public lighting equipment, energy-saving products must be used.
3. Operating public lighting systems appropriately according to time of day, season, region, and locality.
Article 18. State Management Responsibilities for the Efficient and Economical Use of Energy in Public Lighting
1. The Ministry of Construction shall issue technical standards and regulations on public lighting to ensure requirements for the economical and efficient use of energy.
2. The Ministry of Science and Technology shall promulgate national standards on energy efficiency in public lighting.
Chapter IV
EFFICIENT AND ECONOMICAL USE OF ENERGY IN TRANSPORTATION
Article 19. Measures for the Economical and Efficient Use of Energy in Transportation Activities
1. Encourage organizations and individuals to participate in consulting, designing, investing in developing public transportation; producing and using energy-efficient transportation means; exploiting and expanding the application of liquefied gas, natural gas, electricity, hybrid fuels, and biofuels as alternatives to gasoline and diesel.
2. Organizations and individuals operating transportation services must select and implement the following measures:
a) Optimize transportation routes and vehicles to enhance energy usage efficiency;
b) Establish and apply maintenance and repair regulations for transportation vehicles under their management to reduce fuel consumption;
c) Apply technological solutions, management, and organizational measures to use energy efficiently and economically.
3. Project investors and contractors when constructing or renovating transportation infrastructure have the responsibility to:
a) Implement energy-saving and efficiency measures approved in the project;
b) Apply energy-saving and efficiency measures during construction.
Article 20. Responsibilities of Organizations and Individuals Producing and Importing Transport Equipment and Means
1. Organizations and individuals producing transport equipment and means have the responsibility to:
a) Comply with technical standards and energy consumption norms issued by competent state agencies in the production of transport equipment and means;
b) Adopt advanced technology; strengthen research and manufacture of energy-efficient transport equipment and means, utilizing clean fuels, renewable energy, and alternative fuels.
2. Organizations and individuals importing transport equipment and means have the responsibility to comply with energy consumption norms issued by competent state agencies.
Article 21. State Management Responsibilities for the Economical and Efficient Use of Energy in Transportation Activities
a) Apply measures for the economical and efficient use of energy in planning road, rail, waterway, and air transportation systems;
b) Lead and coordinate with relevant ministries and equivalent agencies to develop and issue technical standards and energy consumption norms for transport means according to their authority;
c) Direct and guide the removal of transport means that exceed their service life and fail to meet minimum energy efficiency standards;
d) Guide transportation enterprises to rationalize transportation activities to improve the energy efficiency of transport means;
đ) Develop investment and operation plans for public transportation systems, enhancing the use of railway and inland waterway networks combined with multimodal transport;
e) Inspect compliance with energy consumption norms for transport means.
2. The Ministry of Industry and Trade shall guide transport means manufacturing facilities to comply with technical standards and energy consumption norms for transport means.
3. The Ministry of Science and Technology shall lead and coordinate with relevant ministries and equivalent agencies to promulgate national standards on the energy efficiency of transport means and environmentally friendly fuels used in transportation.
4. People's Committees at all levels within their assigned tasks and powers shall be responsible for:
a) Applying energy-saving measures in planning and developing local transportation systems;
b) Organizing reasonable traffic lane and flow distribution; setting operational hours for certain types of vehicles to reduce traffic congestion and save energy while protecting the environment;
c) Performing other tasks related to the economical and efficient use of energy in transportation as delegated.
Chapter V
EFFICIENT AND ECONOMICAL USE OF ENERGY IN AGRICULTURAL PRODUCTION
Article 22. Measures for energy conservation and efficiency in agricultural production
1. Planning and organizing agricultural production must ensure requirements for energy conservation and efficiency.
2. Organizations, households, and individuals engaged in agricultural production shall select the following measures to use energy conservatively and efficiently:
a) Apply scientific research results and improve technology to achieve high energy efficiency for agricultural production, processing, preservation, transportation equipment.
b) Utilize clean energy and renewable energy technologies in agricultural production, processing, preservation, transportation, and industry development.
c) Phase out agricultural machinery, fishing gear with outdated technology and low energy efficiency according to regulations set by competent state agencies.
d) Conduct activities to disseminate knowledge and provide advice on energy conservation and efficiency.
Article 23. Measures for energy conservation and efficiency in irrigation
1. Organize rational planning of irrigation systems, optimize reservoirs, canals, and ditches, and utilize natural flow.
2. Operate and exploit pump capacity in water supply and drainage stations of irrigation systems reasonably.
Article 24. Reducing electricity losses and using renewable energy in agricultural production and rural areas
1. Invest in and renovate rural power grids to meet technical standards and ensure electrical safety and reduce electricity losses.
2. Encourage the production and use of local energy sources such as hydropower, wind power, solar power, biogas, agricultural waste, and other renewable energy sources.
3. Develop raw material crops for biofuel production rationally according to regional planning.
Article 25. State management responsibilities for energy conservation and efficiency in agricultural production
a) Guide the implementation of provisions in Articles 22 and 23 and Clause 2, Clause 3 of Article 24 of this Law;
b) Take the lead and coordinate with relevant ministries and provincial people's committees to develop regional planting plans for biofuel raw materials;
2. Provincial People's Committees are responsible for:
a) Direct the construction and implementation of regional irrigation system planning;
c) Strengthen supervision and inspection of compliance with regulations on energy conservation and efficiency in agricultural production.
Chapter VI
ENERGY CONSERVATION AND EFFICIENCY IN SERVICE ACTIVITIES AND HOUSEHOLDS
Article 26. Responsibilities for energy conservation and efficiency in service activities
Hotel owners, supermarket managers, restaurant operators, shop owners, entertainment facilities, sports centers, and other service establishments shall be responsible for:
1. Implementing energy conservation and efficiency in construction, lighting, and management of equipment and vehicles;
2. Limiting the use of high-power equipment that consumes large amounts of electricity during peak hours for lighting, decoration, and advertising;
3. Controlling, maintaining, and servicing energy-consuming equipment to reduce energy loss in service operations.
Article 27. Measures for Energy Saving and Efficiency in Household Settings
The State encourages households to implement the following measures for energy saving and efficiency:
1. Designing and constructing houses capable of utilizing natural light and ventilation.
2. Using thermal insulation materials and energy-saving household appliances; enhancing the use of equipment and devices that utilize renewable energy.
3. Limiting the use of high-power electrical devices that consume large amounts of electricity during peak hours.
4. Establishing habits and lifestyles that promote energy saving when using lighting and household appliances.
Article 28. Responsibilities for State Management of Energy Saving and Efficiency in Service Activities and Household Settings
1. Ministries and ministerial-level agencies within their respective duties and authorities shall be responsible for guiding the implementation of this Law's provisions on energy saving and efficiency in service activities and household settings.
2. People's Committees at all levels within their respective duties and authorities shall be responsible for implementing the following provisions:
a) Promoting and mobilizing service establishments and households to implement measures for energy saving and efficiency.
b) Managing the implementation of regulations on energy saving and efficiency by service activity establishments in their localities.
c) Mobilizing households to adopt models of energy-efficient households; participating in activities promoting energy saving.
Chapter VII
ENERGY SAVING AND EFFICIENCY IN INVESTMENT PROJECTS AND STATE BUDGET-FUNDED ORGANIZATIONS AND UNITS
Article 29. Energy Saving and Efficiency in Investment Projects Funded by State Capital
Investors of new projects, infrastructure renovation projects, and construction works funded by state capital must comply with this Law's provisions on energy saving and efficiency, consistent with each field of operation and other relevant laws on energy saving and efficiency throughout all stages of project implementation.
Article 30. Measures for Energy Saving and Efficiency in Organizations and Units Using State Budget
1. Annually, Ministers, Heads of ministerial-level agencies, and Chairpersons of provincial People's Committees shall direct subordinate organizations and units using state budget funds to develop and implement plans for energy saving and efficiency, including objectives, measures, and standards for energy consumption in their workplaces and construction works, and report on energy consumption; establish and implement internal energy-saving regulations, ensuring the operation of energy-consuming equipment and devices in accordance with technical standards and norms.
2. Organizations and units with key energy-consuming facilities must conduct energy audits.
Article 31. Responsibilities of Heads of Organizations and Units Using State Budget Regarding Implementation of Energy Saving and Efficiency Plans
1. Annually, develop plans and measures for energy saving; promulgate energy usage regulations for the organization or unit.
2. Register energy usage plans with the local state management agency for energy; disseminate plans, measures, and regulations for energy usage to all staff members.
3. Organize inspections, evaluations, and apply rewards and disciplinary actions for staff members in the organization or unit regarding the implementation of energy usage plans.
Chapter VIII
MANAGEMENT OF ENERGY USE BY KEY ENERGY-CONSUMING ESTABLISHMENTS
A key energy-using entity is an entity that annually uses a large volume of energy as prescribed by the Government. The Ministry of Industry and Trade shall take the lead and coordinate with ministries, ministerial-level agencies, and provincial People's Committees to submit for approval.
Article 33. Responsibilities of Key Energy-Using Entities
1. In addition to complying with the provisions of this Law regarding relevant fields of operation, key energy-using entities also have the responsibility to:
a) Develop and implement annual and five-year plans on energy-efficient and effective use consistent with production and business plans; report to competent state authorities at the local level on the results of implementing energy-efficient and effective use plans;
b) Establish accountability systems for collectives and individuals related to the implementation of energy-efficient and effective use plans;
c) Appoint an energy manager in accordance with Article 35 of this Law;
d) Conduct mandatory energy audits every three years;
e) Implement regulations on energy-efficient and effective use in new construction, renovation, and expansion of facilities.
Article 34. Energy Audits for Key Energy-Using Entities
1. Key energy-using entities must implement an energy audit system through self-auditing or hiring an energy auditing organization to conduct the audit.
2. An energy auditing organization must meet the following conditions:
a) Be a legal entity established in accordance with the law;
b) Have a team of certified energy auditors;
c) Have technical equipment and tools to serve energy audits.
3. Key energy-using entities may independently implement the energy audit system when they meet the conditions specified in points b and c of Clause 2 of this Article.
Article 35. Conditions and Tasks of Energy Managers at Key Energy-Using Entities
1. Energy managers at key energy-using entities must meet the following conditions:
a) Hold a college degree or higher in energy-related majors or related engineering fields for key energy-using entities in industrial production, construction projects, and service activities; hold a technical college degree or higher for key energy-using entities in agricultural production and transportation;
b) Possess an energy management certificate issued by a competent authority.
2. Energy managers are responsible for assisting the heads of key energy-using entities in performing the following tasks:
a) Developing annual and five-year plans on energy-efficient and effective use;
b) Organizing a network for managing energy use activities, applying energy management models;
c) Implementing measures for energy-efficient and effective use according to approved goals and plans;
đ) Monitoring energy consumption needs of equipment and entire production lines; fluctuations in energy consumption related to the installation, renovation, and repair of energy-consuming equipment; implementing regular reporting as prescribed;
e) Organizing information dissemination, promotion, training, and instruction in energy use activities.
Article 36. State Management Responsibility for Key Energy-Using Entities
1. The state agency with authority over energy management shall be responsible for:
a) Regularly inspecting the energy usage situation of key energy-using entities; organizing the receipt and storage of annual and five-year energy efficiency and conservation reports from these entities as prescribed;
b) Based on periodic reports on energy usage of key energy-using entities as stipulated in Article 33 of this Law, requiring and guiding these entities to adjust their annual and five-year plans for energy efficiency and conservation, and energy consumption quotas to align with their production and business plans.
2. If key energy-using entities fail to comply with the provisions of Articles 33, 34, and 35 of this Law and other relevant laws concerning energy efficiency and conservation, they will be subject to legal sanctions as prescribed by law.
MANAGEMENT OF ENERGY-CONSUMING EQUIPMENT AND DEVICES
Article 38. Development and Publication of Energy Efficiency Standards and Minimum Energy Performance Levels
1. The development of energy efficiency standards and minimum energy performance levels for energy-consuming equipment and devices must meet the following requirements:
a) Achieving energy conservation goals and environmental protection;
b) Being consistent with economic and social development needs, the country's scientific and technological level, and meeting regional and international integration requirements;
c) Encouraging investment in research, production, and supply of high-efficiency, energy-saving products to the market.
2. The Ministry of Science and Technology shall publish energy efficiency standards and minimum energy performance levels every five years.
The State shall apply the following measures for managing energy usage efficiently and economically for equipment and devices:
1. Developing and publishing energy efficiency standards and minimum energy performance levels for energy-consuming equipment and devices;
2. Affixing energy labels to energy-consuming equipment and devices;
3. Publicizing necessary information about energy usage of equipment and devices;
4. Removing equipment and devices below the minimum energy performance level;
5. Handling violations of the provisions of this Article.
1. Equipment and devices listed in the Catalogue of Equipment and Devices Required to Have Energy Labels must have energy labels affixed before being put on the market.
2. Production facilities and enterprises importing equipment and devices shall affix energy labels to such equipment and devices after obtaining an energy label certification from the competent authority.
3. An energy label certification shall be issued after the equipment and devices have been tested and found to comply with energy efficiency standards at a testing facility.
4. The Ministry of Industry and Trade shall be responsible for:
a) Developing and submitting to the Prime Minister for promulgation the Catalogue of Equipment and Devices Required to Have Energy Labels and the implementation timeline;
b) Specifying the content and format of energy labels;
c) Specifying the conditions for testing facilities to obtain certificates of compliance with energy efficiency standards;
d) Specifying the procedures for issuing energy label certifications for equipment and devices;
e) Specifying the recognition process for imported equipment and devices' energy labels.
Article 40. Management of Equipment and Devices Below the Minimum Energy Efficiency Level
1. Equipment and devices using energy with an energy efficiency level below the minimum energy efficiency level must be eliminated according to the list and schedule issued by the Prime Minister.
2. It is prohibited to produce or import equipment and devices with an energy efficiency level below the minimum energy efficiency level included in the list of equipment and devices that must be eliminated.
3. The Ministry of Science and Technology shall take the lead and coordinate with the Ministry of Industry and Trade and other ministries and ministerial-level agencies related to build and submit to the Prime Minister for issuance the list and schedule of equipment and devices that must be eliminated, in accordance with the conditions of economic and social development and the level of science and technology of the country at each period.
Chapter X
MEASURES TO PROMOTE ENERGY EFFICIENT AND EFFECTIVE USE
1. Projects promoting energy efficient and effective use shall be considered and supported financially from the national program on energy efficient and effective use.
2. Organizations and individuals investing in producing energy-saving products; investing in production lines, expanding production scale using energy-saving technology shall enjoy incentives and support as follows:
a) Tax incentives for export tax, import tax, corporate income tax in accordance with the provisions of the law on taxes;
b) Incentives in accordance with the provisions of the law on land;
c) Eligible for preferential loans from Development Bank, Fund for Supporting Scientific and Technological Development, National Fund for Technological Innovation, Environmental Protection Fund, and supported from the National Program for High-Tech Development, National Program on Energy Efficient and Effective Use;
d) Other incentives in accordance with this Law and relevant laws.
3. Means of transport, equipment, spare parts, materials serving research and development of energy-saving technology; energy-saving products, types of fuel-efficient vehicles, using liquefied gas, natural gas, electricity, hybrid fuels, biofuels which have not yet been produced domestically and included in the list prescribed by the Government shall be exempted or reduced import tax in accordance with the provisions of the law on taxes.
Article 42. Development of Science and Technology for Energy Efficient and Effective Use
1. The State encourages and creates favorable conditions for organizations and individuals to conduct scientific research, apply and develop technology for energy efficient and effective use.
2. Ministries, ministerial-level agencies, People's Committees of provinces shall be responsible for allocating funds and building scientific research and technological programs for energy efficient and effective use.
3. Priority activities in scientific research, application and development of technology for energy efficient and effective use include:
a) Application and development of technology to improve energy efficiency in industries, construction, agriculture, transportation;
b) Application of technological solutions to manufacture new high-efficiency energy-consuming equipment and devices; improvement, innovation, upgrading of energy-consuming equipment and devices;
c) Application of energy-efficient and effective use solutions in design and construction of buildings, production of building materials;
d) Development of combined heat and power technology, improving the utilization factor of thermal turbine units; technological solutions to increase the overall energy utilization factor;
đ) Development and use of clean coal technology, coal gasification, liquefaction of natural gas with high energy efficiency, reducing environmental pollution;
e) Research and development of alternative energy forms to replace traditional fuels.
The State encourages and creates favorable conditions for organizations and individuals to carry out the following activities:
1. Organizing propaganda and mobilization activities to raise awareness and implement legal provisions on energy-saving and efficient energy use.
2. Integrating educational content on energy-saving and efficient energy use in schools with appropriate forms.
3. Organizing energy advisory services to carry out the following activities:
a) Energy auditing;
b) Transfer of energy-saving technology and environmentally friendly technology;
c) Training and advising on the application of advanced energy management models;
d) Advising on energy-saving measures for energy-consuming facilities;
đ) Providing information and promoting energy-saving and efficient energy use;
e) Other services related to energy-saving and efficient energy use.
Chapter XI
STATE MANAGEMENT RESPONSIBILITIES FOR ENERGY-SAVING AND EFFICIENT ENERGY USE
Article 44. State management responsibilities for energy-saving and efficient energy use
1. The Government uniformly manages state affairs regarding energy-saving and efficient energy use throughout the country.
2. The Ministry of Industry and Trade is responsible before the Government for implementing state management of energy-saving and efficient energy use.
3. Ministries and agencies at the level of ministries within their respective tasks and authorities have the responsibility to implement state management of energy-saving and efficient energy use according to the division of labor by the Government.
4. People's Committees at all levels within their respective tasks and authorities have the responsibility to implement state management of energy-saving and efficient energy use according to the division of labor by the Government.
Article 45. Responsibilities of the Ministry of Industry and Trade for energy-saving and efficient energy use
1. Issuing regulations, strategies, plans, policies, programs, and plans on energy-saving and efficient energy use according to its authority or submitting them to competent state agencies for issuance and organizing their implementation according to the division of labor by the Government.
2. Taking the lead and coordinating with ministries, agencies at the level of ministries, and provincial People's Committees in managing state affairs regarding energy-saving and efficient energy use.
3. Establishing a national energy database system.
4. Participating in propaganda and legal education on energy-saving and efficient energy use.
5. Organizing scientific research, application, and transfer of technology in the field of energy-saving and efficient energy use.
6. Inspecting, supervising, handling complaints and denunciations, and dealing with violations of laws in activities related to energy-saving and efficient energy use according to the provisions of the law.
Article 46. Responsibilities of provincial People's Committees for energy-saving and efficient energy use
2. Implementing mechanisms, policies, and plans for energy-saving and efficient energy use.
Chapter XII
IMPLEMENTING PROVISIONS
Article 47. Effective Date
This Law takes effect from January 1, 2011.
Article 48. Detailed regulations and guidance on implementation
The Government shall provide detailed provisions and guidance on the implementation of the Articles and Clauses assigned in this Law; provide necessary guidance on other contents of this Law to meet management requirements.
This Law was passed by the National Assembly of the Socialist Republic of Vietnam, XIIth term, seventh session, on June 17, 2010./.
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