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Circular No. 12/2009/tt-Btnmt: Building Regulations, Issued Confirmation Mail, Message Level For Approval Of Projects Under The Clean Development Mechanism Under The Kyoto Protocol

Original Language Title: Thông tư 12/2010/TT-BTNMT: Quy định việc xây dựng, cấp Thư xác nhận, cấp Thư phê duyệt dự án theo Cơ chế phát triển sạch trong khuôn khổ Nghị định thư Kyoto

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The CIRCULAR regulates the construction, grade level, confirmation letter of approval of projects under the clean development mechanism under the Kyoto Protocol _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the MINISTER of NATURAL RESOURCES and the ENVIRONMENT pursuant to Decree No. 25/2008/ND-CP on March 4th, 2008 Government's functions and missions , powers and organizational structure of the Ministry of natural resources and the environment;
Pursuant to decision No. 130/2007/QD-TTg dated August 2, 2007 by the Prime Minister on a number of mechanisms, of financial policy for investment projects under the clean development mechanism;
Proposal of the Director of Department of meteorology hydrology and climate change and Director of legislation, REGULATION: article 1. General provisions 1. This circular regulates the preparation, sequence, procedure for reviewing, confirming, approving the document projects investment under the clean development mechanism in the framework of the Kyoto Protocol in Vietnam.
2. This circular apply to organizations and individuals in the country or abroad to invest in building and implementing investment projects under the clean development mechanism in Vietnam (hereafter referred to as the parties build clean development mechanism projects).
3. When building, implementation of investment projects under the clean development mechanism, the parties concerned in addition to the implementation of the provisions of this circular must comply with the regulations in the field of construction, building form, conditions for investment projects under the clean development mechanism in decision No. 130/2007/QD-TTg dated August 2, 2007 by the Prime Minister of a number of mechanisms, of financial policy for investment projects under the clean development mechanism; the provisions of the law on investment, environmental protection and the provisions of other relevant laws.
Article 2. Directory of acronyms 1. The clean development mechanism (CDM).
2. Investment projects under the CDM (CDM project).
3. Documents of CDM project idea (battery).
4. design documents (DD).
5. According to the project design documents (PDD) CDM.
6. The programme of activities under the CDM (PoA).
7. program activities (CPA).
8. Program design documents the activities under the CDM (PoA-DD).
9. the documents operational design programs (CPA-DD).
10. The Steering Committee on implementation of the UN Framework Convention on climate change and the Kyoto Protocol (the Steering Committee).
11. The Bureau of hydrology, meteorology and climate change under the Ministry of natural resources and environment (Department of meteorology hydrology and climate change).
Article 3. The construction sector, investment in CDM projects in CDM project is built, the investment in the following areas: 1. energy production.
2. Transfer of energy.
3. energy consumption.
4. Agriculture.
5. Waste management.
6. Afforestation and reforestation.
7. The chemical industry.
8. manufacturing industry.
9. Build.
10. Traffic.
11. Mining or mining.
12. metal production.
13. Emissions from fuels (solid, oil and gas).
14. Emissions from the production and consumption of Halocarbons and Sulphur hexafluoride.
15. Use solvents.
16. Other sectors according to international regulations and laws in Vietnam.
Article 4. Prepare CDM projects 1. The party construction of CDM project build CDM project documents on the basis of the requirements of investors under 1 in 2 ways: a) build the BATTERY level has issued a confirmation Message then continue building PDD or PoA-DD-DD CPA and CPA along-DD;
b) build PDD or PoA-DD-DD CPA and CPA together-the fact DD authority granted the letter of approval.
2. The parties build CDM projects are actively or through related consulting organization to choose the form of investment, technology and the method of dividing the appropriate benefits from CDM projects.
3. When building PDD or PoA-DD-DD CPA and CPA along-side the fact DD building CDM project in conjunction with foreign investors and professional organizations assigned reviews the project before submitting to the International Executive Board of the CDM to register according to the provisions.
4. Within 6 months from the date the project begins operation, the parties build CDM project shall report in writing to the Department of meteorology hydrology and climate change about the start date of the project activity or CDM project development plan according to the form prescribed in annex 6 attached to this circular.
5. Prior to submitting the document CDM project at least 6 months, the parties build CDM project must be notified in writing to the Department of meteorology hydrology and climate change about the expected deployment of CDM project in Vietnam.
Article 5. Recommended records issued the confirmation Message the BATTERY 1. 18 (eighteen) the Vietnamese and 3 (three) the English batteries (according to the form prescribed in annex 1 attached to this circular).
2. The text of the parties build CDM project proposals reviewed and granted confirmation PIN (according to the form prescribed in annex 3a attached to this circular).
Article 6. The sequences, procedures, time and force of the message confirm PIN 1. Within a period of no more than 3 working days from when it receives a valid PIN, Department of meteorology hydrology and climate change held opinions reviews, reviews of the members of the Steering Committee before submission to the Minister of natural resources and the environment to consider, decide the level of PIN letter.
2. Within a period of not more than 6 days, Steering Committee members have comments, reviews written.
3. The time limit for notice of comments received, the Steering Committee's assessment of the level of PIN confirmation: a) cases are 2/3 of the members of the Steering Committee unanimously, within 3 working days, the Bureau of meteorology and hydrology to climate change general comments, reviews, the Minister of natural resources and the environment level PIN confirmation for the party construction project;
b) need additional case, adjust or not enough 2/3 number of Steering Committee members unanimously, within 2 working days, the Bureau of meteorology hydrology and climate change message for the party building project on battery status (time the parties to build additional projects, adjustments are not counted in the total duration of the review Message level, confirm the PIN).
4. Within a period of not more than 3 days, the Minister of natural resources and the environment to consider, decide the level of PIN letter.
5. The total time limit considering BATTERY confirmation level specified in this not so 15 working days.
6. The PIN confirmation is in effect within the time limit of 18 months from the date of issue.
Article 7. Recommended records issued the approval Mail PDD or PoA-DD 1. 18 (eighteen) the Vietnamese and 18 (eighteen) the English PDD or PoA-DD (in the form prescribed in Appendix 2 attached to this circular).
2. The text of the parties build CDM project suggest considering granting approval Letter PDD or PoA-DD (in the form prescribed in Annex 3b enclosed herewith).
3. The text unanimously recommended approval consideration of CDM project documentation of the provincial people's Committee, the central cities where construction investment projects (in the form prescribed in Appendix 3 attached to this circular).
4. The case of the CDM project coordinating bodies established as State authorities must have the text agreed by the Ministry, ministerial-level agencies have state management functions for the field of the CDM project activity.
5. certified copies of the text of the review the parties directly involved to bear the impacts from project activities (in the form prescribed in annex 5 attached to this circular).
6. certified copies or certified by the competent authority approval decision report environmental impact assessment or certificate of commitment for environmental protection depends on the type, scale of projects according to the relevant regulations.
7. certified copies or certified by the competent authority report feasibility studies for large scale projects in the form of CDM investment.
8. for power projects to the national grid up to have text unanimously the principle of Vietnam electricity about connecting up to the national grid.
9. The type of license related (if any) by the competent State agency level for each specific field projects under the current rules.
10. Technical report or evaluation report draft PDD or PoA-DD of the professional organization is the International Executive Board of the CDM specify (if any).
Article 8. The sequences, procedures, review time, and the effect of the letter of approval of PDD or PoA-DD 1. Within a period of no more than 5 working days since receiving the profile PDD or PoA-DD is valid, the Bureau of meteorology hydrology and climate change held opinions reviews, reviews of the members of the Steering Committee.
2. Within a period of no more than 16 days of work, the Committee members have comments, reviews in writing (in the form prescribed in annex 6 attached to this circular).
3. Within a period of not more than 3 days, the Bureau of meteorology and hydrology to climate change general comments received, a review of Steering Committee members to send the parties to build CDM project explain in detail the relevant content (the time the parties build CDM project have written detailed explanation are not counted in the total of time review your approved PDD or PoA-DD).
4. Within a period of not more than 10 working days from when it received the details of the construction side of the project, the Steering Committee organized the session attended by the parties to build CDM project to the related content and vote on reviews for PDD or PoA-DD. 5. Time limit for notice of comments received, the assessment of the Steering Committee on the grant of the approval Message PDD or PoA-DD: a) cases are 2/3 over the number of Steering Committee members through, within a period not exceeding 7 working days, Department of hydrology and meteorology and climate change, the Minister of natural resources and the environment reviewed the decision to grant approval Letter, PDD or PoA-DD;
b) case of additions, adjustments, within a period of no more than 2 working days, the Bureau of meteorology hydrology and climate change announces the parties to build additional projects, adjust the related content (additional time, adjustments are not counted in the total duration of the review, the approval Letter PDD or PoA-DD).
6. Within a period of not more than 6 days, the Minister of natural resources and the environment, review the decision to grant approval Letter PDD or PoA-DD. 7. The total duration of the approval Message level review PDD or PoA-DD as defined in this not so 45 working days.

8. Letter of approval of PDD or PoA-DD was sent to the parties build CDM projects, international professional bodies and inform the relevant agency of Vietnam.
9. approval Message PDD or PoA-DD effect within 24 months from the date of issue.
Article 9. Effective enforcement of this circular effect since August 10, 2011 and replaces circular No. 10/2006/TT-BTNMT of 12 December 2006 of the Minister of natural resources and the environment guide build clean development mechanism projects in the framework of the Kyoto Protocol.
Article 10. Implementation 1. Department of meteorology hydrology and climate change is receiving record, track, instructions, check the organizations and individuals involved in the review process, registration, validation and approval of the CDM project documentation as prescribed in this circular.
2. The Department of natural resources and environment of the province, central cities are responsible for helping the people's Committee and support the organizations and individuals involved in the process of building and implementing CDM projects in accordance with this circular and the provisions of relevant laws.
3. Ministers, heads of ministerial agencies, Chairman of people's Committee of the province, central cities and other organizations and individuals concerned is responsible for the implementation of the provisions of this circular.
In the process, if there are obstacles, suggest the Organization, personal reflections about the Ministry of natural resources and the environment to handle.