CIRCULAR additional amendments, some of the content of the circular number 58/2008/TTLT-BTC-BTN & MT on 4/7/2008 of the Ministry of finance, Ministry of natural resources and environment guides make a number of articles of the decision No. 130/2007/QD-TTG dated 8/8/2007 by the Prime Minister on a number of mechanisms financial policies for investment projects under the clean development mechanism _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to decision No. 130/2007/QD-TTg dated 8/8/2007 by the Prime Minister on some policies, financial mechanisms for investment projects under the clean development mechanism (hereafter referred to as CDM project);
Make comments directed at the Prime Minister's letter No. 1843/VPCP-QHQT on 23/3/2010 of the Government Office on the construction of financial mechanisms related to the sale of certificates of greenhouse gas emission reduction (CERs) for CDM projects using ODA loans through the Bank and paying interest. Contact President Ministry of finance, Ministry of natural resources and environment modification, added some content in circular number 58/2008/TTLT-BTC-BTN & MT on 4/7/2008 of the Ministry of finance, resources and the environment guides make a number of articles of the decision No. 130/2007/QD-TTg dated 8/8/2007 by the Prime Minister on a number of mechanisms financial policies for investment projects under the clean development mechanism (hereinafter the circular number 58/2008/TTLT-BTC-BTN & MT) as follows: article 1. Amendments and supplements to some provisions of circular No. 58/2008/TTLT-BTC-BTN & MT as follows: 1. Amendments, supplements paragraph 3 section I as follows: 3. The owner when selling or transferring CERs CERs on water (for foreign investors) must report the Ministry of natural resources and the environment, environmental protection Fund and Vietnam completed pay selling CERs at the latest after 15 days Since the transfer of CERs to the buyer or transfer CERs on water. As for the CDM projects have used ODA, CERs obtained was managed, use as follows: 3.1. As for the CDM projects using ODA be allocated entirely from the State budget, CERs obtained possession of the State. The investor of the project is responsible for the sale and filed into the Vietnam environmental protection Fund the full amount of the sale, after sale expenses excluding CERs (if available).
3.2. for CDM projects using ODA loans entirely from domestic credit institutions or lenders leave directly from the Ministry of finance, the Ministry of finance was authorized to lend; CERs obtained possession of the investors.
3.3. for CDM projects have used an ODA is allocated from the State budget, the rest is my own capital or capital self mobilization of ODA, that business enterprises are borrowed from commercial banks or lenders leave directly from the Ministry of finance, the Ministry of finance was authorized to lend again, the CERs from the CDM projects are categorized divided between the State and investors according corresponding proportion between capital is allocated from the State budget and the remaining capital to invest in CDM projects.
CERs are divided proportionately to the ODA is allocated from the State budget by State owned. The investor of the project is responsible for the sale and filed into the Vietnam environmental protection Fund the full amount of the sale of State-owned CERs after deducting selling costs (if any).
2. additional Item 6 in section I as follows: 6. for CDM project activities under the CDM program-format (short name in English is the PoA), investors and building CDM project participants have the responsibility to submit the program management fee to the Agency, the unit performs program coordinators as agreed in the contract between the parties , filed to sell CERs fee as specified in circular No. 58/2008/TTLT-BTC-BTN & MT and this circular.
3. Amendments, supplements paragraph 3 section II as follows: 3. The amount of the fees to sell CERs to be paid is determined as follows: the amount of the fees to sell CERs are submitted (bronze) = the level of fee to sell CERs (%) x number of CER sale or transfer on water x selling price of CER (Dong/CER) number and selling price of CER is determined based on the CERs purchase contract is signed. The case owner sale which no CERs transferred CERs on water, the number of CER for the calculation of the fee is the amount of CER is actually the owner of CERs transferred on water, the CER to determine the amount of the fee to be paid is based on the market price at the time of transfer of CERs on water.
4. Amendments, supplements the point 4.1 paragraph 4 section II as follows: 4.1. The owner is responsible for paying the amount of CERs CER sold or moved about the country, and declared himself the amount of fees to be paid (according to the model No. 1 attached to this circular); at the latest after 15 working days from the date of transfer of CERs to the buyer or transfer CERs on water, make pay to sell CERs to the Vietnam environmental protection Fund in the correct figures were declared.
For CDM projects to be built and the investment made in the form prescribed in article 4 paragraph 3 of decision No. 130/2007/QD-TTg dated, if foreign investors, engineering consulting organization CDM project not based in Vietnam even when construction projects domestic investors, is responsible for the agreement and implementation fee change submission to sell CERs for foreign partners.
5. Amendments, supplements the point 4.3 section II paragraph 4 as follows: 4.3. CERs selling fees are collected in foreign currency (convertible) or currency in Vietnam on the basis Exchange off Vietnam bronze average transaction rate on the inter-bank foreign currency market by the State Bank of Vietnam announced at the time of collecting the fee.
Article 2. Terms of implementation of this circular effect after 45 days from the date of signing. In the implementation process if any obstacles, suggest the bodies, timely reflect the units of the Ministry of finance, Ministry of natural resources and the environment to research, resolve./.