Decree No. 82/2026/ND-CP Amending and Supplementing Certain Articles of Decree No. 162/2013/ND-CP dated November 12, 2013 by the Government Regulating Administrative Penalty on Violations in Marine, Island, and Continental Shelf Areas of the Socialist Republic of Vietnam, which has been amended and supplemented by Decree No. 23/2017/ND-CP and Decree No. 37/2022/ND-CP

DECREE

AMENDING AND ENHANCING CERTAIN ARTICLES OF DECREES NO. 06/2022/NĐ-CP DATED JANUARY 7, 2022 OF THE MINISTRY OF GOVERNMENT REGULATING REDUCED EMISSIONS OF GREENHOUSE GASES AND PROTECTION OF OZONE LAYER, ENHANCED BY DECREES NO. 119/2025/NĐ-CP DATED JUNE 9, 2025 OF THE MINISTRY OF GOVERNMENT

BASED ON THE ORGANIZATION LAW OF THE COUNCIL OF MINISTRIES No. 63/2025/QH15;

BASED ON THE ENVIRONMENT PROTECTION LAW No. 72/2020/QH14, AMENDED AND ENHANCED BY LAWS No. 11/2022/QH15, No. 16/2023/QH15, No. 18/2023/QH15, No. 47/2024/QH15, No. 54/2024/QH15 AND No. 146/2025/QH15;

BASED ON THE DECISION No. 66.7/2025/NQ-CP OF THE COUNCIL OF MINISTRIES REGULATING THE REDUCTION AND SIMPLIFICATION OF ADMINISTRATIVE PROCEDURES BASED ON DATA;

IN ACCORDANCE WITH THE PROPOSAL OF THE MINISTER OF AGRICULTURE AND ENVIRONMENT;

THE GOVERNMENT ISSUES THIS DECREE TO AMEND AND ENHANCE CERTAIN ARTICLES OF DECREES NO. 06/2022/NĐ-CP DATED JANUARY 7, 2022 OF THE MINISTRY OF GOVERNMENT REGULATING REDUCED EMISSIONS OF GREENHOUSE GASES AND PROTECTION OF OZONE LAYER, ENHANCED BY DECREES NO. 119/2025/NĐ-CP DATED JUNE 9, 2025 OF THE MINISTRY OF GOVERNMENT.

Article 1. Amend and enhance certain clauses of Article 24

1. Amend and enhance Clause 3 as follows:

“3. The registration dossier includes:

a) Application for use of controlled substances in accordance with Model No. 01 of Annex VI, issued and attached to this Decree: one original copy;

b) Document proving the legal entity status of the registering organization as per the enterprise law, investment law or relevant laws: one photocopy certified and stamped by the registering organization or an electronic copy from the original register or an electronically certified copy from the original document, except where information can be obtained from the National Enterprise Registration Database or other specialized databases.

In case of insufficient or incomplete information obtainable from the aforementioned databases, the Ministry of Agriculture and Environment requests the organization to submit a photocopy certified and stamped by the registering organization or an electronic copy from the original register or an electronically certified copy from the original document as per this provision.”

2. Amend and enhance Clause 4 as follows:

“4. Within two working days from receipt of the registration dossier, the Ministry of Agriculture and Environment shall notify the registering organization whether the dossier is accepted or request additional information to be submitted or completed. The period for submitting or completing the registration dossier is not more than five working days from the date of notification requesting such submission or completion.”

3. Amend and enhance Clause 5 as follows:

“5. Within five working days from receipt of a valid registration dossier, the Ministry of Agriculture and Environment shall compile, evaluate the registration dossier and announce information on organizations that have completed their registration for use of controlled substances through the Administrative Procedure Information System and the Ministry of Agriculture and Environment’s Electronic Portal.”

Article 2. Amendment and Supplement to Certain Clauses of Article 26

1. Amend and supplement Clause 2 as follows:

"2. Based on the provisions at Articles 24 and 25 of this Decree, within a period of 22 working days, the Ministry of Agriculture and Environment shall examine and decide on the allocation of production and import quotas for organizations in accordance with Form No. 03A of Annex VI attached to this Decree through the following activities:

a) Review and assess registration information and report on the use of controlled substances by the organization;

b) Compare total national consumption and targets, management requirements regarding controlled substances;

c) Conduct on-site inspections to verify registration information, evaluate capacity, technical, and production technology files where necessary;

d) Seek written comments from the Ministry of Industry and Trade on the proposed allocation. The time for the Ministry of Industry and Trade to provide comments is no more than 07 working days from the date of receipt of the request. If the entity receiving the request does not respond within the specified period, it shall be deemed to have agreed with the content of the application."

2. Amend and supplement Clause 3 as follows:

"3. Organizations that require adjustment or supplementation of production and import quotas for controlled substances submit a request in accordance with Form No. 04 of Annex VI attached to this Decree by direct, online, or postal service before July 10th each year. The adjustment and supplementation of quotas are carried out according to the allocation procedures. Within a period of 22 working days, the Ministry of Agriculture and Environment shall examine and decide on the adjustment and supplementation of production and import quotas in accordance with Form No. 03B of Annex VI attached to this Decree."

3. Amend and supplement Clause 4 as follows:

"4. Within a period of 2 working days, the competent authority for climate change management shall notify organizations registered on the Administrative Procedure Information System regarding the allocation, adjustment, or supplementation of production and import quotas for controlled substances in accordance with Form No. 05A and Form No. 05B of Annex VI attached to this Decree."

Article 3. Replacement of Certain Forms in Annex VI

1. Replace Form No. 01.

2. Replace Form No. 02.

3. Replace Form No. 04.

Article 4. Provisions for Implementation

1. This Decree shall come into force on the date of its promulgation.

2. The Ministers, Heads of Agencies at the same level as Ministries, Heads of Governmental Bodies, Chairmen of People's Committees at all levels, and relevant organizations and individuals are responsible for implementing this Decree.

Article 5. Transitional Provisions

Applications for registration, allocation, adjustment, or supplementation of production and import quotas for controlled substances that were valid under Clauses 3 and 6 of Article 24 and Clause 3 of Article 26 of Decree No. 06/2022/NĐ-CP dated January 7, 2022, issued by the Government on reducing greenhouse gas emissions and protecting the ozone layer, as amended and supplemented by Decree No. 119/2025/NĐ-CP dated June 9, 2025, of the Government, which were received by the Ministry of Agriculture and Environment before the implementation date of this Decree, do not need to be resubmitted and shall continue to be processed in accordance with the provisions of this Decree.

In cases where applications submitted to the Ministry of Agriculture and Environment before the implementation date of this Decree are required to be supplemented or completed, such supplementation or completion shall be carried out in accordance with the provisions of Decree No. 06/2022/NĐ-CP dated January 7, 2022, issued by the Government on reducing greenhouse gas emissions and protecting the ozone layer, as amended and supplemented by Decree No. 119/2025/NĐ-CP dated June 9, 2025; subsequent procedures for processing shall be carried out in accordance with the provisions of this Decree."