Chương I Thông tư 01/2022/TT-BTNMT hướng dẫn Luật Bảo vệ môi trường: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular elaborates on the provisions of Point g Clause 2 Article 27, Point c Clause 3 Article 90, Point c Clause 4 Article 91, Point b Clause 3 and Clause 6 Article 92 of the Law on Environmental Protection, and Point d Clause 4 Article 10, Clause 5 and Clause 6 Article 11, Point d Clause 5 Article 22 and Clause 4 Article 28 of the Government’s Decree No. 06/2022/ND-CP dated January 07, 2022 prescribing mitigation of greenhouse gas (GHG) emissions and ozone layer protection.

Article 2. Regulated entities

This Circular applies to regulatory authorities, organizations and individuals involved in the climate change response; inventory and mitigation of GHG emissions; activities related to ozone-depleting substances (ODS) and substances that cause greenhouse effects controlled under the Montreal Protocol on Substances that Deplete the Ozone Layer.

Article 3. Definitions

For the purposes of this Circular, these terms shall be construed as follows:

1. “climate change impact assessment” means the act of determining positive, negative, short-term and long-term effects; the vulnerability, risks and loss or damage caused by the climate change to the natural, economic and social systems at any given time and place.

2. “hazard" means the possibility of unusual climate events or phenomena that cause damage to people, property, material facilities, social – economic activities, natural resources and environment.

3. “exposure” means the presence of people, social – economic activities, ecosystems, natural resources, infrastructure, and cultural structures in places that could be adversely affected by climate change.

4. “sensitivity” means the degree to which a natural, economic or social system may be affected, either adversely or beneficially, when exposed to climate change.

5. “adaptive capacity” means the ability of natural systems, social – economic activities, institutions, policies and human resources to mitigate negative effects and take advantage of opportunities of effects of climate change.

6. “vulnerability” means the susceptibility of a natural, economic or social system to the negative effects of climate change. The components of vulnerability include a combination of sensitivity and adaptive capacity to negative effects of climate change.

7. “risk” means the potential for consequences of hazards caused by climate change to people, property, material facilities, social – economic activities, natural resources and environment. Risk is the outcome of a combination of vulnerability, exposure and hazards caused by climate change.

8. “loss and damage” means economic and non-economic loss and damage caused by negative effects of climate change to natural, economic and social systems.

9. “GHG sink” means a natural or artificial system that is capable of absorbing and storing greenhouse gases (GHG) from the atmosphere. The main GHG sinks are forests (through photosynthesis) and ocean (through phytoplankton and ocean circulation).

10. “global warning potential – GWP” means the ability of GHG to trap heat in the atmosphere over a period of time (usually 100 years) compared to carbon dioxide (CO₂).

11. “ozone depletion potential – ODP” means the relative amount of degradation to the ozone layer that a substance can cause.