Chương III Nghị định 06/2022/NĐ-CP: Bảo vệ tầng ô-dôn

Chapter III

PROTECTION OF OZONE LAYER

Article 22. Controlled ODSs and roadmap for management and phaseout of controlled ODSs

1. Controlled ODSs include:

a) Bromochloromethane;

b) Carbon tetrachloride (hereinafter referred to as "CTC”);

c) Chlorofluorocarbon (hereinafter referred to as "CFC”);

d) Halon;

dd) Hydrobromofluorocarbon (hereinafter referred to as “HBFC”);

c) Hydrochlorofluorocarbon (hereinafter referred to as "HCFC”);

g) Methyl bromide;

h) Methyl chloroform.

2. Roadmap for management and phaseout of HCFCs shall be carried out according to the following periods:

a) The period from January 01, 2022 to the end of December 31, 2024: the total national consumption must not exceed 65% of baseline consumption;

b) The period from January 01, 2025 to the end of December 31, 2029: the total national consumption must not exceed 32,5% of baseline consumption;

c) The period from January 01, 2030 to the end of December 31, 2039: the total national annual-average consumption must not exceed 2,5% of baseline consumption;

d) The period from January 01, 2040: HCFCs import and export will be forbidden.

3. The total national consumption of HCFCs is determined on the basis of the amount of HCFCs imported minus (-) the amount of HCFCs exported. The baseline consumption of HCFCs is 221,2 ODP tonnes.

4. Methyl bromide may only be imported for the purpose of sterilization and quarantine of exports.

5. Forbidden acts according to the regulations in Clause 11 Article 6 of the Law on Environmental Protection include:

a) Manufacture, import, export, temporary import, re-export and consumption of Bromochloromethane, CTC, CFC, Halon, HBFC, Methyl chloroform and HCFC 141b;

b) Manufacture, import, export, temporary import, re-export and consumption of products and equipment which contain or are manufactured from Bromochloromethane, CTC, CFC, Halon, HBFC, Methyl chloroform and HCFC 141b;

c) Manufacture, import and consumption of products and equipment which contain or are manufactured from controlled substances which are forbidden;

d) Manufacture, import and consumption of controlled substances which are banned according to the regulations of the Ministry of Natural Resources and Environment.

Article 23. Controlled GHG and roadmap for management and phaseout of controlled GHGs

1. Controlled GHGs is Hydrofluorocarbons (hereinafter referred to as "HFCs”).

2. Roadmap for management and phaseout of HFC is carried out according to the following periods:

a) The period from January 01, 2022 to the end of December 31, 2028: the total national consumption must not exceed the baseline consumption; the total national production must not exceed the baseline production;

b) The period from January 01, 2029 to the end of December 31, 2034: the total national consumption must not exceed 90% of the baseline consumption; the total national production must not exceed 90% of the baseline production;

c) The period from January 01, 2035 to the end of December 31, 2039: the total national consumption must not exceed 70% of the baseline consumption; the total national production must not exceed 70% of the baseline production;

d) The period from January 01, 2040 to the end of December 31, 2044: the total national consumption must not exceed 50% of the baseline consumption; the total national production must not exceed 50% of the baseline production;

dd) The period from January 01, 2045: the total national consumption must not exceed 20% of the baseline consumption; the total national production must not exceed 20% of the baseline production.

3. The total national consumption of HFCs

a) The total national production of HFCs is determined on the basis of the amount of HFCs manufactured minus (-) the amount of HFCs destroyed, expressed as CO₂ equivalent;

b) The total national import of HFCs is determined on the basis of the amount of HFCs imported minus (-) the amount of HFCs exported, expressed as CO2 equivalent;

c) The total national consumption of HFCs is determined on the basis of the total national production of HFCs plus (+) the total national import of HFCs prescribed in Points a and b of this Clause.

4. The baseline production and consumption of HFCs

a) The baseline consumption of HFCs is determined on the basis of the average consumption of HFCs expressed as CO2 equivalent of the years 2020, 2021 and 2022 plus (+) 65% of the baseline consumption of HCFCs specified in Clause 3 Article 22 of this Decree expressed as CO2 equivalent;

b) The baseline manufacture of HFCs is determined on the basis of the average production of HFCs expressed as CO2 equivalent of the years 2020, 2021 and 2022.

5. The Minister of Natural Resources and Environment shall publish the production and consumption amount of HFCs of Vietnam before December 31, 2023; periodically publish the total national consumption specified in Clause 2 of this Article.

Article 24. Registering and reporting use of controlled substances

1. The following entities shall register manufacture, export and import; manufacture, import and ownership of equipment and products which contain or are manufactured from the controlled substances; collection, reuse, recycling and disposal of the controlled substances (hereinafter referred to as “organizations using controlled substances”), including:

a) Organizations that manufacture controlled substances ;

b) Organizations that export or import controlled substances;

c) Organizations that manufacture or import equipment and products which contain or are manufactured from the controlled substances;

d) Organizations possessing equipment containing controlled substances: air conditioners with a nominal cooling capacity greater than 26.5 kW (90,000 BTU/h) and with a total nominal cooling capacity greater than 586 kW (2,000,000 BTU/h); industrial refrigeration equipment with electric power greater than 40 kW;

dd) Organizations providing controlled substance collection, reuse, recycling and disposal services.

2. The entity prescribed in Clause 1 of this Article shall submit 01 registration application for use of the controlled substances (hereinafter referred to as “registration application”) to the Ministry of Natural Resources and Environment before December 31, 2022 in person, online or by portal service. If the application is sent by post, the time of receipt of the application is determined based on the outgoing postmark.

3. A registration application includes:

a) An application form for registration of use of the controlled substances according to Form No. 01 of Appendix VI issued herewith: 01 original copy;

b) A written proof of the legal status of the registration organization according to the law: 01 true copy certified and sealed as a true copy of the original of the applicant.

4. Within 03 working days after receiving the applicant, the Ministry of Natural Resources and Environment shall notify the applicant of the acceptance of the valid application or request supplementation the application. Deadline for supplementation of the registration application must not exceed 05 working days after the request is issued;

5. Within 10 working days after receiving the valid registration application, the Ministry of Natural Resources and Environment shall process the registration application and publish the information about the completed registration the controlled substances on the website of the climate change authority.

6. The entities prescribed in Clause 1 of this Article shall send report on use of the controlled substances to the Ministry of Natural Resources and Environment in person, online or by portal service before January 15 of each year according to the regulations in Form No. 02 of Appendix VI issued herewith. If the report is sent by post, the time of receipt of the application is determined based on the outgoing postmark.

7. The entities prescribed in Clause 1 of this Article that are established after December 31, 2022 shall submit the registration application to the Ministry of Natural Resources and Environment and report the use of the controlled substances according to the regulations in this Article.

Article 25. Requirements of allocation, adjustment and increase of controlled substance manufacture/import quotas

1. Manufacture/import quotas are applied to the controlled substances prescribed in Point e Clause 1 Article 22 and Clause 1 Article 23 hereof.

2. The quota allocated each year to the organizations must not exceed the total national consumption of the controlled substances.

3. The annual allocation of controlled substance manufacture/import quota to an organization is determined according to the quota management requirement, demands and average consumption of the organization in the last 3 years. The total allocated quota must not exceed 80% of the quota prescribed in Clause 2 hereof.

4. The allocation of remaining quotas is carried out according to the priority orders as follow:

a) Organizations that use controlled substances with low global warming potential have and wish to have their quota increased. The low global warming potential is determined according to the national plan on management and phaseout of controlled substances of Vietnam;

b) Organizations that register after December 31, 2022;

c) Organizations that have been allocated quotas and wish to have their quotas increased.

5. Organizations allocated quotas may only use quotas in the year in which they are allocated.

6. The allocation of controlled substance manufacture/import quotas to organizations which register after December 31, 2022 is determined on the basis of assessment of quota using demand registration application, company’s capacity dossier and balance of the total remaining national quota.

7. Organizations using GHGs with low global warming potential may request increase in manufacture/import quota according to rating based on consumption rates expressed as CO2 equivalent of the organizations in the last 3 years.

8. Quotas shall be adjusted or increased at the request of the requesting organization and according to the organization's use of allocated the quotas and the remaining national quota.

9. Organizations which import controlled substances according to the allocated quotas and then export them may request increase in import quota that do not exceed the export amount.

Article 26. Procedures of allocation, adjustment, supplementation and cancelation of allocation of controlled substance manufacture/import quotas

1. Organizations carrying out manufacture/import of the controlled substances prescribed in Points a and b Clause 1 Article 24 hereof may request allocation of manufacture/import quota for the controlled substances.

2. According to the regulations in Articles 24 and 25 hereof, within 30 working days, the Ministry of Natural Resources and Environment shall consider allocation of manufacture/import quotas to the organizations according to the regulations in Form No. 03A of Appendix VI issued herewith by the following activities:

a) Reviewing and assessing registration information and reporting using status of controlled substances of organizations;

b) Comparing the total national consumption with goals and requirements of management of the controlled substances;

c) Organizing site inspection in order to verify registration information, assess documents about manufacture capacity and technology if necessary;

d) Asking for opinions in writing of the Ministry of Industry and Trade on quota allocation plan. The Ministry of Industry and Trade shall provide opinions within 10 working days after receiving the enquiry form.

3. The organization that wishes to have manufacture/import quotas of the controlled substances adjusted or increase shall submit a request application according to Form No. 04 of Appendix issued herewith to the Ministry of Natural Resources and Environment in person, online medium or by portal service before July 10 every year. Quota shall be adjusted or increased in order of quota allocation. The Ministry of Natural Resources and Environment shall consider and decide adjustment or increase of manufacture/import quotas within 30 working days according to Form No. 03B of Appendix VI issued herewith.

4. The climate change authority shall notify allocation, adjustment and increase of controlled substance manufacture/import quotas to the applying organization within 03 working days according to Form No. 05B of Appendix VI issued herewith.

5. The decisions on allocation, adjustment or increase of import quotas shall provide the basis for import/export control of the Ministry of Finance. An import organization shall submit the following documents to the customs authorities after carrying out import procedures:

a) An notification of allocation, adjustment or increase of controlled substance manufacture/import quotas issued by the climate change authority: 01 original;

b) Other documents according to the law on customs.

The monitoring of quota deduction shall be implemented through the National Single Window Portal once it is connected.

6. The Ministry of Natural Resources and Environment shall cancel allocation of controlled substance manufacture/import quotas according to Form No. 06 of Appendix VI issued herewith in the following cases:

a) Information in the report prescribed in Point b Clause 1 of this Article is incorrect;

b) The decision on allocation, adjustment or increase of controlled substance manufacture/import quotas is illegally used or transferred;

c) Other violations according to the law.

The climate change authority shall notify cancelation of controlled substance manufacture/import quota allocation to the relevant authorities and organizations within 03 working days from the date of the decision on cancelation of the quota allocation.

7. The Ministry of Natural Resources and Environment shall appoint the a climate change authority to review, assess and monitor registration, report and other activities for allocation, adjustment and cancelation of controlled substance manufacture/import quotas.

8. The Ministry of Natural Resources and Environment shall cooperate with the relevant state management authorities in connecting the National Single Window Portal system with online public service systems under their management for quota allocation and import/export management of the controlled substances on the systems before June 30, 2022.

Article 27. National plan on management and phaseout of controlled ODSs and GHGs

1. The national plan on management and phaseout of controlled ODSs and GHGs shall be applicable to the national agreements on ozone layer protection to which the Socialist Republic of Vietnam is a signatory; conditions of management and phaseout of the controlled ODSs and GHGs in Vietnam.

2. Major contents of the national Plan on management and phaseout of controlled ODSs and GHGs include:

a) Assessment of the current use, management and phaseout of the controlled ODSs and GHGs effects are controlled; estimate of changing trends; goals, roadmap, targets of the plan;

b) Elimination and sum of the controlled ODSs and GHGs under periods and sectors that they are used;

c) Measures for management and phaseout of the controlled ODSs and GHGs; solutions for cooperation and share of information;

d) Responsibilities of organizations, individuals and relevant units in implementing the plan.

3. The Ministry of Natural Resources and Environment shall take charge and cooperate with ministries, ministerial agencies, Governmental agencies in formulating and submitting the national Plan on management and phaseout of controlled ODSs and GHGs to the Prime Minister before December 31, 2023.

Article 28. Collection, reuse, recycling and disposal of the controlled substances.

1. Organization manufacturing, importing equipment/products which contain or are manufactured from controlled substances; own equipment which contain controlled substances prescribed in Points c and d Clause 1 Article 24 hereof shall collect, reuse, recycle and dispose of the controlled substances according to the following principles:

a) Controlled substances must be collected as soon as they are no longer used in the equipment/products from January 01, 2024;

b) It is recommended to recycle or reuse the controlled substances after collecting them;

c) The controlled substances must be destroyed according to the law on management of harmful wastes in case they are not recycled or reused;

d) Report annually the use of the controlled substances according to the regulations in Clause 6 Article 24 hereof.

2. Collection, transport and storage of controlled substances shall be carried out as follows:

a) The controlled substances that are produced during the process of installing, fixing and maintaining of separate products and equipment shall be collected, transported and stored according to this Decree;

c) In case the controlled substances may be recycled or reused after being collected, the recycling and reuse shall be carried out according to the regulations of the Ministry of Natural Resources and Environment;

c) The transport, storage and destruction shall be carried out according to the law on management of harmful wastes in case recycling or reuse is not possible.

3. Collection, transport and storage of the controlled substances must meet the following requirements:

a) There are necessary equipments for collection of the controlled substances including collecting machines, containers, vacuum pump, batching scale, leak test equipment, pressure gauge and safety tools;

b) There are technicians satisfying the regulations in Clause 4 Article;

c) There are procedures for safe collection, transport and storage according to the Ministry of Natural Resources and Requirement.

4. The technicians who install, operate, maintain, prepare the equipment containing the controlled substances must have suitable diplomas and certificates or certificates of completing training courses on collection and disposal of the controlled substances under the programs developed by the Ministry of Labor, Invalids and Social Affairs in cooperation with the Ministry of Natural Resources and Environment in formulating.

5. Individuals who no longer use the products/equipment which contain or are manufactured from the controlled substances they own have the responsibility to transfer them to pre-determined locations according to the regulations without changing shapes of them, or transfer them to facilities specialized in collection, transport and disposal under the regulations.

6. The Ministry of Natural Resources and Environment shall formulate and promulgate the national technical regulations on collection, transfer, store, recycling, reuse and settlement of the controlled substances before October 31, 2023.

Article 29. Responsibility for management of the controlled substances

1. The Ministry of Natural Resources and Environment is the national focal agency which is in charge of implementation of the Vienna Convention and the Montreal Protocol, takes responsibility for state management on the controlled substances to the Government. The Ministry of Natural Resources and Environment shall take charge and cooperate with relevant ministries and central authorities in:

a) Management of controlled substances according to the international treaty on ozone layer protection in which Vietnam is a signatory; allocation, adjustment and increase of manufacture/import quotas of HCFCs and HFCs under periods and years;

b) Formulating and proposing the national Plan on management and phaseout of the controlled substances to the Prime Minister for promulgation; proposing promulgation of and revisions to lists and guidelines on use of controlled substances and regulating conditions of manufacture and use of the controlled substances according to the commitment of implementing the international treaty on ozone layer protection in which the Socialist Republic of Vietnam is a signatory;

c) Publishing and amending lists of banned imports/exports; lists of conditional imports/exports attached with goods codes under their management on the basis of the consensus with the Ministry of Industry and Trade on the goods lists and the with the Ministry of Finance on the goods codes;

d) Formulating and operating the online public service system on registration, reporting, allocation and management of manufacture/import quotas of controlled substances; connecting with the Vietnam National Single Window on management of the controlled substances;

dd) Performing national duties for the Montreal Protocol; cooperating with the focal agency of other nations in carrying out measures of compliance with the Montreal Protocol of Vietnam;

e) Inspecting, examining and supervising registration, reporting and use of quotas; managing collection, reuse, recycling and settlement of the controlled substances;

g) Organizing implementation of assigned contents according to the Law on Environmental Protection, this Decree and other missions relevant to management of the controlled substances.

2. The Ministry of Industry and Trade shall have responsibility to cooperate with the Ministry of Natural Resources and Environment in allocating, adjusting and increasing manufacture/import quotas for controlled substances; give their opinions about the lists of forbidden imports/exports (according to the conditions) under their management.

3. The Ministry of Agriculture and Rural Development shall take charge and cooperate with The Ministry of Natural Resources and Environment, relevant ministries and ministerial agencies in:

a) Management, issue of licenses for import/export of Methyl bromide for the purposes prescribed in Clause 4 Article 22 hereof;

b) Connecting the Vietnam National Single Window with the online public service system on management of Methyl bromide of the Ministry of Agriculture and Rural Development;

c) Providing, sharing information and figures about controlled substances under management and submitting them to the national focal agency for preparation of the national report on implementation of the Montreal Protocol in Vietnam before January 30 each year according to Form No. 07 of Appendix VI issued herewith and when the national focal agency requests.

4. The Ministry of Finance shall take charge and cooperate with the Ministry of Natural Resources and Environment, relevant ministries and central authorities in:

a) Cooperating in management and control of import/export of controlled substances on the Vietnam National Single Window;

b) Providing, sharing customs information and data about the import/export of substances and goods containing the controlled substances under management and submitting them to the national focal agency for preparation of the national report on implementation of the Montreal Protocol in Vietnam before January 30 each year according to Form No. 08 of Appendix VI issued herewith and when the national focal agency requests.

5. The Ministry of Labor, Invalids and Social Affairs shall cooperate with the Ministry of Natural Resources and Environment in:

a) Formulating and implementing programs of training, retraining, issue of certificates, confirmations for entities working in the sectors relevant to the controlled substances before December 31, 2022;

b) Integrating contents relevant to controlled substances in the regulations on the minimum amount of knowledge and capacity requirements that learners can achieve after graduating from the intermediate or college level for the professions in related sectors;

c) Promulgating the national technical regulations on occupational safety for refrigeration and air conditioning systems before December 31, 2023.

6. The Ministry of Public Security, the Ministry of Industry and Trade, the Ministry of Defense, ministries and central authorities, the provincial People’s Committees under their management shall cooperate with the Ministry of Natural Resources and Environment in preventing and discovering violations on management, control and minimization and phaseout of the controlled substances.

7. The Department of Ministry of Natural Resources and Environment shall cooperate with relevant ministries and central authorities in:

a) Supervising the phaseout process and regulations on collection, recycling, reuse or destruction of the controlled substances of organizations in their provinces;

b) Providing information and data relevant to organizations using controlled substances in the areas of their management at the request of the state competent authorities;

c) Handling under competence or reporting violations on management and phaseout of the controlled substances to the competent authorities according to this Decree and the relevant law.