Circular 17/2015/tt-Btnmt: Regulating The Construction And Implementation Of The Project According To General Credit Mechanisms In The Framework Of Cooperation Of Japan And Vietnam

Original Language Title: Thông tư 17/2015/TT-BTNMT: Quy định việc xây dựng và thực hiện dự án theo Cơ chế tín chỉ chung trong khuôn khổ hợp tác Việt Nam và Nhật Bản

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DEPARTMENT OF RESOURCES AND ENVIRONMENT
Number: 17 /2015/TT-BTNMT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, April 6, 2015

IT ' S SMART

Define the construction and implementation of the project by - I don't know. in the framework of cooperation V. All right N And N Yeah. B Bitch. n

________________________________

The Law of Signing, accession and implementation of the number of international treaties 41/2005/QH11 June 14, 2005 of the National Assembly of the Socialist Republic of Vietnam;

Base of Protocol 21 /2013/NĐ-CP March 4, 2013 of the Government regulates the function, mandate, jurisdiction and organizational structure of the Ministry of Natural Resources and Environment;

The base of the memorandum for cooperation on low carbon growth between Vietnam and Japan on 2 July 2013;

At the suggestion of the Director of the Department of Hydrology and Climate Change and the Chief Legal Affairs Department;

The Ministry of Natural Resources and the Environment Ministry of Natural Resources regulates the construction and implementation of the project under the General Credit Facility in the framework of cooperation on low-carbon growth between Vietnam-Japan.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This information regulates activities related to construction, registration, and implementation of projects under the General Belief Mechanism within the framework of a collaborative memorandum of cooperation on low carbon growth between Vietnam and Japan.

What? 2. Subject applies

This information applies to the agency, organization, individual involved in construction, registration, and implementation of the Joint Confidence Mechanism project within the framework of a collaborative memorandum of cooperation on low carbon growth between Vietnam and Japan.

What? 3. Explain words and write off

In this Information, the words below are understood as follows:

1. The greenhouse gases are the gases in the atmosphere that cause the warming of the Earth, including the following gases:

a) Carbon dioxide (CO 2 );

b) Methane (CH) 4 );

c) Nitrous oxide (N 2 O);

d) Hydrofluorocarbons (HFCs);

Perfluorocarbons (PFCs);

e) Sulphur hexafluoride (SF 6 );

g) Nitrogen trifluoride (NF) 3 ).

2. General credit mechanism (JCM) is the mechanism in the framework of low-carbon development cooperation between Vietnam and Japan aiming to promote investment, transfer and dissemation of technologies, products, systems, services, and low-carbon emission infrastructure in other parts of the world. a different field for low-carbon development in Vietnam, which supports international commitment to the mitigation effort of Japan's greenhouse gas emissions and contribute to the international general goal in the application of climate change.

3. The Joint Committee (UBHH) is the Committee consisting of representatives of Vietnam and Japan to direct, coordinate, and manage the activities of JCM in accordance with the Joint Các-carbon Growth Memorabation between Vietnam and Japan.

Members of UBHH include representatives of Vietnam and Japan. The head of UBHH consists of the 2 co-presidents of Vietnam and Japan. To the Vietnamese side, the participants of UBHH include the co-chairs of the Minister of Natural Resources and Environment and representatives of the relevant ministries.

4. Vietnam ' s Secretariat is the organization of several officers of the Department of Meteorology and Climate Change, the Ministry of Natural Resources and the Environment to help the Vietnamese side of UBHH. The UBHH uses the Secretariat during the implementation of the administrative procedures concerning the JCM project stipulated at this Smart.

5. The JCM Project is the project implemented on the territory of the Socialist Republic of Vietnam that aims to cut emissions or enhance greenhouse gas absorption in order to support the implementation of the international commitment on mitigation of Japan ' s greenhouse gas emissions and to fit. with the national conditions of Vietnam. The project is recognized as a JCM project when approved by UBHH in accordance with Chapter IV of the Information.

6. Parties to the project are the agencies, organisations whose legal status in Vietnam and Japan can directly build, participate in the project of the JCM mechanism.

7. The project design document (PDD) is the detailed documentation of the JCM project project due to the addition of the JCM project under the guidance of UBHH, which includes information on project design and project monitoring plans.

8. The third party (TPE) of the JCM project is the eligible legal organization provided by UBHH, and on request from the party to the JCM project for the assignment of the appraisal, the JCM project.

9. The appraisp is the independent review process a registration project becomes the JCM project submitted by TPE of the project implementation on the PDD basis and according to UBHH guidelines.

The appraisal report is a PDD assessment of the project made by TPE based on UBHH guidelines.

10. The judge is a periodic independent review and determines the post-emission reduction or absorption of greenhouse gases obtained from a JCM project conducted by TPE on the basis of the monitoring reports of the project and following the guidance of UBHH.

The appellate report is the assessment report and determines the emission reduction or absorption of the greenhouse gas of a JCM project conducted by TPE under the guidance of UBHH.

11. Monitoring is the monitoring, examination and evaluation of the project implementation and determining the emissions reduction or absorption of the greenhouse gas of the JCM project due to the project's entry into the project's PDD.

The monitoring report is a monitoring report, testing, and evaluation of the emissions reduction and greenhouse gas absorption of the JCM project due to the party's involvement in the project.

12. The methodology applicable to the JCM project is the method of reducing emissions of emissions or absorption of greenhouse gases obtained from JCM projects, which are submitted to UBHH for review and approval.

13. The electronic information page of the JCM includes information about the technical guidelines of JCM and the email box to take on the proposal of the project participants, the TPE certification notification, the recognized JCM project announcement and the public opinion of the information on the project. The methodology.

14. Confession is the amount of emissions that emissions or absorb the energy greenhouse gas obtained from the JCM project, which is recognized by UBHH and grants the parties to the project on the basis of the TPE ' s interrogation report.

15. The credit account is granted only as the account of the parties to the project of Vietnam and Japan is open to receive the certificate granted.

16. The communication method (MoC) is the communication method between participating organizations that implement the JCM project with the Secretariat and UBHH, including the contact information of the organization, the individual being designated as a contact lead.

17. Clean development mechanism (CDM) is a flexible financial institution under the Kyoto Protocol. The International Executive Committee on the CDM appointed independent professional organizations to investigate and investigate projects under the CDM mechanism.

18. The International Recognition Forum (IAF) is an international association consisting of recognized organizations, which has the authority to assess the suitability of organizations that operate in different fields, ensuring that the recognized organizations have sufficient capacity to carry out their work. It's in my field.

What? 4. Conditions and fields are implemented by the General Trust Project.

1. The condition becomes the JCM project

a) As a project built under the provisions of the existing law, in accordance with the strategy, planning in the relevant fields of the Ministry, the sector, the local sector and the contribution of ensuring sustainable development of Vietnam;

b) The construction and implementation of the project must be on a voluntary basis, in accordance with the international treaty that the Socialist Republic of Vietnam is a member;

c) To be implemented on the territory of Vietnam and to the participation of the Japanese partner.

2. Areas implemented by JCM project

a) Energy production;

b) Transfer of energy;

c) Consume consumption;

d) Agriculture;

Waste disposal;

e) Plant forests and reforestation;

g) Chemical industry;

h) Industry built;

i) Build;

n) Transport;

l) Mining and processing minerals;

m) metal production;

n) emissions from fuel (solid fuel, oil and gas);

o) emissions from production and consumption of Halocarbons and Sulphur hexafluoride;

p) Use solvents;

q) The other field is consistent with the guidance of UBHH and the regulation of Vietnamese law.

What? 5. Joint process on construction, registration, implementation of the General Credit Facility project and the level of credit.

1. Parties to the construction project and submit the methodology to UBHH for approval;

2. The mixed committee approved the methodology;

3. Parties to the project ' s PDD construction project;

4. Third Party appraisal of PDD in the request of the project participant;

5. Parties to the project submitted the project to UBHH to register;

6. After the project was approved as the JCM project, the party joined the project implementation and oversight of the project;

7. Third party conducting project appraisal;

8. The base at the request of the party to the project and the TPE ' s appraisal report, UBHH decided the number of credits and sent a grant request to the Government of the two countries to grant the party to the project via a credit-level account.

Chapter II

THIRD PARTY RECOGNITION

What? 6. Third Party recognition

1. The organization, the individual who sent the filing recommended TPE recognition via email in Vietnamese and English. Profile:

a) The application to recognize TPE (prescribed at Appendix 1 and 1) a This is an executive order.

b) Proposition of ISO 14,065 standard by the IAF according to ISO standard 14.062; or certification is a career organization of the CDM.

2. During the time of seven (07) days from the date of receiving a TPE recognition of the organization, the Secretary of the Secretariat notified the email of the prescribed case examination.

For the incomplete record by regulation, the Secretariat sends notification to one (01) for the only time to organize, the individual knows to supplement the case completion; for the full profile by regulation, the UBHH Secretariat considers and decides.

3. After receiving a file from the Secretariat, UBHH review, appraisal and decision decision making or not recognizing TPE. In the unrecognized case, UBHH announced the reason.

4. The Secretariat of the message via email to the decision organization of UBHH recognizes or does not recognize TPE accompanied by reason. The decision to recognize and the information about TPE will be uploaded by the Secretariat on the electronic information page of the JCM.

5. The TPE is allowed to operate in the field of registration at having been licensed to operate by the International Executive Committee on CDM or one of the IAF members. In the TPE case that wants to expand its operations field, TPE sends a Single (prescribed at Annex 1 and 1). a This is issued to the Secretariat, which describes the area of additional activity. The Secretariat will examine and decide whether or not to recognize TPE in the field.

What? 7. No third party recognition

1. The third party is no longer recognized when the ISO 14,065 ISO standard certification is issued by the IAF standard ISO 14.064-2 or certified as the CDM ' s Career Agency expires.

2. The third party has the responsibility to inform the Secretary and the parties involved in the JCM project when TPE is no longer recognized but must continue to implement, completing the responsibility committed to the Parties to the project under the decision of UBHH.

3. The UBHH Secretariat decided the operation of TPE when TPE was no longer recognized.

What? 8. voluntarily withdraw Third Party recognition

1. The third party sends a voluntary request to withdraw the TPE recognition in some or the entire field of activity related to the Secretariat through email with the following information:

-TPE's name wants to voluntarily withdraw.

-The agent's electronic signature;

-Areas of voluntary withdrawal.

-The timing of voluntary withdrawal came into effect.

2. When voluntarily withdrawing recognition in some or all of the active sector, TPE is responsible for informing the Secretary and the parties involved in the JCM project.

3. The UBHH Secretariat decided to work on TPE when TPE withdrew voluntarily.

Chapter III

PROPOSAL AND APPROVAL OF THE METHODOLOGY

What? 9. Proposal and approval method

1. The organizations, individuals who are allowed to propose a methodology (called "proposal party") include organizations, individuals of Japan, Vietnam, or parties to the JCM project.

The proposed side sent the recommended profile of the methodology to the methodology in Vietnamese and English (prescribed by Appendix 2 and 2). a It was issued with this message to the Secretariat through email.

2. During the time of seven (07) days from the date of receiving the file, the Secretary of State notified the proposal via email to the full calculation of the file.

In the case of incomplete records by regulation, the Secretariat announces a single (01) for the proposed side to supplement.

3. For the full profile according to the regulation, the Secretariat publishes the proposed methodology on the electronic information page of the JCM and take public opinion in the fifteen (15) days. The public opinion was sent through the electronic information page of the JCM. After the public opinion deadline, the Secretary aggreges the opinions and the UBHH presentation.

4. During the sixty (60) days since the end of public opinion, UBHH reviewed and approved the proposed methodology.

In the case of additional information, UBHH requires the side of the program to submit, add the necessary information to review and decide whether to approve or not approve the methodology. For the event not to approve the methodology, UBHH announced the reason.

5. The Secretary of the Secretary informs the decision to issue an email about the decision to approve or not approve the methodology of UBHH. For the methodology approved, in the period of no more than five (05) days since the decision of UBHH, the Secretary of the Secretariat posts the information, the relevant methodology on the methodology on the electronic page of the JCM.

6. The proposed side may reissue non-approved arguments in the order of the procedure that is not approved by the procedure.

What? 10. Modified, supplemated methodology

1. During the implementation of the project, the agencies, organizations, individuals or parties involved in the project may propose a revision, the addition of the methodology. The proposal for revision of the methodology is sent in Vietnamese and English (prescribed by Annex 3 and 3). a issue with this message) and send the Secretariat to the email to present UBHH.

2. The proposed procedure approx the revised methodology, compleming the procedure itself at Article 9 of this Information.

Chapter IV

REGISTER AND APPROVE THE PROJECT

What? 11. Register and approve the project

1. To join the project to submit a project registration case to the Secretariat via email to review, submit to UBHH. Profile:

a) Proposition of PDD in Vietnamese and English (prescribed by Appendix 4 and 4) a This is accompanied by this message, which is accompanied by the monitoring plan table (prescribed in Appendix 5 and 5). a issued by this message;

b) MoC in Vietnamese and English (as prescribed at Annex 6 and 6) a This is an executive order.

2. The number of referrers for the project and announces the reception of the project with the project's reference number to the project.

3. The project registration records and TPE are expected to be posted on JCM ' s electronic information page and take public opinion over the thirty (30) days deadline. The address of the project on the JCM ' s e-site will be notified by the Secretariat to join the project and TPE.

Public opinion must be sent in Vietnamese and English via the JCM electronic page. The person who offers to provide the name, personal contact address or organization. TPE will consider the authenticity of the comments that contribute and eliminate unauthenticated opinions.

4. After the public opinion deadline, the Secretary General of the General Contracting Public Opinion on the project and the filing of the same opinion on UBHH.

5. The project participant requires TPE to conduct a project profile appraisal in the manual. The case case does not reach a request for the appraisal, TPE informs the side of the construction project construction project for the party to be repaired, supplematuation until the request is reached. The appraisal of TPE ' s project records may take place first, during and after taking the public opinion.

6. Case of the case that reached the request for appraisal, the party to the project sent the Secretariat to the email as follows:

a) The filing of the project registration stipulated at 1 Article and accompanied by the application register in Vietnamese and English (prescribed by Appendix 8 and 8). a issued by this message;

b) The appraisal report of TPE in Vietnamese and English (prescribed by Appendix 7 and 7). a issued by this message and other documents that are relevant.

7. After receiving a project registration file, the Secretary of the Mail notified the party to the project to take on the filing and post relevant information on the project on the JCM's electronic information site.

In the period of no more than seven (07) days, the Secretariat informed the project and TPE of the project on the validity and completa of the file via email. In case of additional information, the Secretariat informs the participants and TPE of the project to send it back.

For a valid and complete profile, the UBHH Secretariat considers and decides the registration of the project.

8. After receiving a project registration record from the Secretariat, UBHH considers and decides whether to approve or not approve the project accompanied by the reason.

What? 12. Modified, Supplemated Project Design Document

1. When changing the content of PDD has been registered, the parties join the project to submit the revised profile, add PDD to the email to the email to the UBHH viewer to review, resolve. Profile:

a) Single in Vietnamese and English (prescribed by Appendix 9 and 9) a issued by this message;

b) The modified PDD draft, added in Vietnamese and English (prescribed by Appendix 4 and 4). a issued by this message;

c) The TPE ' s appraisal report in Vietnamese and English (following a sample at Annex 7 and 7) a This is an executive order.

2. The procedure for the revised registration, the addition of the procedure procedure from paragraph 3 to paragraph 8 Article 11 of this message.

What? 13. Unregister or cease to participate in the project

1. During the course of the project, the participants could submit the application for the cancellation of the project in Vietnamese and English (prescribed by Appendix 11 and 11). a This is an executive order, issued by email to the Secretariat.

2. In the case of not participating in the project, the party to the application is not involved in the project in Vietnamese and English (prescribed at Appendix 12 and 12). a issued with this message) and the petition to change the content of MoC in Vietnamese and English (prescribed at Appendix 10 and 10). a This is an executive order, issued by email to the Secretariat.

3. After receiving the request of the party to the project, the UBHH Secretariat reviewed and made the decision.

4. The Secretariat posts the decision of UBHH on the electronic page accompanying the information concerning the cancellation of the project or not to participate in the project of the parties.

5. The project to the project must complete the obligations committed and accountable to the parties concerned by the regulation of the existing law due to the decision to cancel the registration or not to take part in its project.

Chapter V.

EXECUTE AND GRANT CREDIT FOR THE PROJECT

What? 14. Make Project

1. After the project was granted registration by UBHH, the parties participated in the project to implement and monitor the activities of the project under the approved PDD.

2. Upon the implementation of the project, the parties to the project must comply with the current regulations on the appraisal, the judge of the JCM.

What? 15.

1. The organization sends a message offering to the Secretariat via email. Profile:

a) The application to grant the credit of the party to the project in Vietnamese and English (as prescribed at Annex 13 and 13) a issued by this message;

b) Project monitoring reporting by the project owner;

c) The report of TPE ' s project appraisal in Vietnamese and English (prescribed by Appendix 14 and 14). a This is an executive order.

2. After receiving a credit offer file, the Secretary of the Mail informs the party to the construction project.

3. During the period of no more than seven (07) days, the Secretariat notified the construction of the project and TPE of the project on the validity and completa of the file via email.

4. For the full and valid profile, the UBHH Secretariat considers, the decision on the amount of credits will be issued.

5. After a decision made by UBHH, the Secretary of the Secretariat notified the email of credit results only to the parties to the project and TPE. The information about the degree of credit is only posted on the electronic information page of the JCM.

What? 16. Cancel the offer offer

1. After the filing of a message offer, the project participant may send the order to cancel the request for a degree in Vietnamese and English (prescribed at Appendix 15 and 15). a This is an executive order, issued by email to the Secretariat.

2. The UBHH program organization rescints the request for a decision to make a decision.

3. The project participants are responsible for the parties involved in the losses caused by the decision to cancel the grant.

Chapter VI

PERFORMANCE EFFECT

What? 17.

This announcement came into effect on 22 May 2015 and was implemented until the decision of the authority of the authority to replace it.

What? 18. The organization performs

1. Responsibility of the Department of Meteorology and Climate Change, the Permanent Authority of UBHH to Vietnam:

a) Directing, the Secretary of the Secretariat helps UBHH to follow, guide the stakeholders on the construction of the methodology, specify TPE, register the JCM project, oversee the implementation and grant of credit only to the prescribed project at this Smart;

b) Host, in coordination with the agencies, the unit that is involved in the annual planning and conduct examination of the implementation of the existing regulations on the JCM; the treatment under the jurisdiction or petition of the authorities to resolve, dispose of the breach to the operation. implement the regulation project at this message and other laws that are relevant.

2. The Department of Natural Resources and Environment, the Central City of the Central City, is responsible for helping the People's Committee to provide and support the construction parties, implement the JCM project under the provisions of this Information and the provisions of the relevant law.

3. Minister, Vice President of the Ministry of Foreign Affairs, Chairman of the People's Committee of the Provinces, the Central City of the Central Committee and the agencies, the organization, the individual who is responsible for the implementation of the regulations on this Notice.

In the course of execution, if there is an entangrium, recommend organizations, individuals reflect on the Ministry of Natural Resources and Environment to review, process ./.

KT. MINISTER.
Chief.

(signed)

Chen Hongzhen