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Decree 104/2003/nd-Cp: Regarding The Use Of Energy Savings And Efficiency

Original Language Title: Nghị định 102/2003/NĐ-CP: Về sử dụng năng lượng tiết kiệm và hiệu quả

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  The DECREE on the use of energy saving and efficiency _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
To promote the use of energy savings and efficiency, to meet the demand on energy use one higher than that of the national economy, and good protection of the environment, rational exploitation of energy resources, the implementation of social-economic development of sustainability;
According to the recommendation of the Minister of industry, the DECREE chapter I GENERAL PROVISIONS article 1. Scope of this Decree regulated the use of energy saving and efficiency in industrial production, in the building, for the equipment, means of energy use and in the living of the people.
Article 2. Apply this Facilities object apply to all organizations and individuals who live, work and activities on the territory of Vietnam, except in the case of international treaties to which the Socialist Republic of Vietnam signed or joined otherwise.
Article 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. Energy is the physical format capable of work, consisting of primary energy sources: coal, oil, gas and secondary energy source is the thermal energy, electric energy is produced through the process of primary energy metabolism.
2. Use energy saving and efficient energy use is a reasonable way to reduce energy consumption, reduce energy costs for the operation of the facilities, the equipment energy use while still ensuring energy needs necessary for the process of manufacturing, services and activities.
3. The facility energy use is the basis of fuel consumption and annual total heat exchange out tons of oil equivalent, from a thousand tons (1,000 TOE) back up or use power capacity from an average of five hundred (500) KW or above, or the annual power consumption from three million (3 million) KWh or more.
4. Building the high-rise is used as supermarkets, hotels, offices, institutions and housing. 5. The building of choice is one or more of the building at the same address that meets one of the following conditions:-Be provide power from substations have total capacity installed from 750 KVA back-up.
-The commercial use of energy including electricity and thermal energy in a year for a total of 10 million MJ (Megajul) or the equivalent electricity KWh 2,800,000 and over.
6. energy-saving products is the equipment, means of achieving high performance with low energy consumption and the type of insulation material with good thermal insulation, are designed, created, produced and tested standard fit Vietnam about energy use and limit limits the loss of energy.
Chapter II USE of ENERGY PRODUCTION BASE in article 4. Technological measures The production facilities make use of energy savings and efficiency by the following principal measures: 1. Improve, rationalize the process of fuel combustion.
2. Improve, rationalize the process heat, cooling and thermal energy into mechanical energy metabolism.
3. Reduce the heat loss due to heat transfer.
4. waste heat reuse.
5. Improve, rationalize the process of metabolic thermal energy into electricity.
6. Reduce the power loss in the transmission, distribution, use of electric power.
7. Improve, rationalize the process of shifting from energy into thermal energy, mechanical energy.
ư8. Selection, reasonable alternative energy sources to use in order to achieve higher energy efficiency.
9. Develop the use of renewable energy sources to save non-renewable sources of energy are such as coal, gas, oil products.
Article 5. The responsibilities of the production facilities 1. Manufacturing activity in the areas below are responsible for implementing measures to save energy use and efficiency: a) the base of processing, machining, manufacturing our goods; Base repair machinery, equipment;
b) mining;
c) manufacturing, power supply;
d) production, provides thermal energy.
2. Every year, production facilities specified in paragraph 1 of this article to register the target energy savings, generate statistics using the energy situation, energy consumption per unit of product, Industrial Property report; key basis for reporting industries and the Ministry of industry.
Article 6. The responsibility of the base using key 1 energy. Annually, the facility energy use to key industries and report The situation, industry conditions and fuel efficiency, the use of heat, the use of electricity; the situation improved, removed, replaced, installation of new machinery, equipment and fuel use, the use of heat, the use of electricity; the machines, the equipment was installed for the purpose of using the energy saving and efficiency.
2. Construction of the mode of liability for each collective, each individual involved in the implementation of the use of energy savings and efficiency, a reward for the collective, individual achievement and discipline for the collective, the individual has in the implementation of the regulations on the use of energy savings and efficiency.
3. Must have dedicated officers, helping energy management Director. Professional officer responsible for energy management must have a university degree, are training on the energy majors.
4. professional staff responsible for responsible energy management helps managers, media monitoring energy use and the implementation of solutions using the energy saving and efficiency; in accordance with the regulations of the Ministry of industry.
5. In the event the facility energy use key does not fulfill the regulations, standards for energy use limit are issued according to the provisions of point b article 20 paragraph 3 of this Decree, the Ministry of industry informed about the work to be done and request basis browser, plans to use the energy saving and efficiency.
Chapter III USE of the ENERGY in the BUILDING, article 7. Responsible in building the organizational building, individuals involved in consulting, design, investment, construction, owns the building, has the responsibility to implement the solution using the energy saving and efficiency: 1. Take advantage of natural conditions or structural solutions and appropriate architectures to reduce energy consumption for lighting , ventilation, cooling and heating.
2. Use the insulation is produced according to the energy saving standard to limit the transmission of heat through walls, doors and Windows.
3. Use the device built according to the energy saving standards for the installation of the building.
4. reasonable layout of equipment in order to achieve high efficiency energy saving direction.
Article 8. The building of choice 1. The design and construction of the building, the building projects are selected to comply with the standard, the standard rules and the rules on the use of design of energy saving and efficiency are issued according to the provisions in point c of paragraph 3 article 20 of this Decree.
ư2. In the application for building permission is selected must have the document presentation on measures using the energy saving and efficiency.
3. The Ministry of construction is responsible for guidance and request the implementation of the necessary measures in order to use the energy saving and efficiency in case the Organization, individuals involved in consulting, design, investment, construction, owner of the building has not taken measures to use energy savings and efficiency.
Article 9. The Agency headquarters

1. build new institutions from the budget must comply with the standards and design rules about the use of energy savings and efficiency are issued according to the provisions in point c of paragraph 3 article 20 of this Decree.
2. Annually, in conjunction with the repair, maintenance, equipment sites in public offices, State agencies build specific plans in funding annually to replace gradually the page, old equipment, drain more energy by the page, the device has been identified as energy saving product have energy consumption norms advanced in lighting, ventilation, air-conditioning, water pump and other activities, equipment page, aimed at reducing the level of energy consumption in Office.
Chapter IV equipment, MEANS of ENERGY USE article 10. The responsibility of the manufacturer, import and export organization, is personal, sales, import and export of equipment, means of energy use is responsible for the application of scientific and technological solutions aimed at the fabricating equipment, means to use energy savings and provide adequate for clients the necessary information concerning the performance , energy consumption by equipment, vehicles.
Article 11. Selected devices 1. The equipment, the media is under strict control of energy use including: the type of the equipment, the media is widely used in water and consume large amounts of energy according to the provisions of the State administration authorities.
2. Ministry of industry recommendations or solutions to support the home built to improve the energy consumption characteristics of selected devices, to advanced energy consumption targets of selected devices.
Article 12. Quality stamps for energy savings 1. The Organization, individual manufacturing, importing, trafficking in these products is the equipment, means of energy use to specify targets for energy consumption in a manual or on the product label.
2. Base national standards on energy consumption limit is issued according to the provisions of point b article 20 paragraph 3 of this Decree and the regulations of the law on product quality according to the energy efficiency criteria, organizations, personal fabrication, import of the product is the equipment means to use the energy of self published and self responsible for ensuring the quality of the energy efficiency targets of the product.
On the basis of the product prescribed standards, organizations, individuals can apply for registration and certificate are stamping product quality certification standard of energy efficiency.
Chapter V USE ENERGY in LIVING Things. Responsible for saving energy in living individuals, organizations have a responsibility to use the equipment, lighting, ventilation, air-conditioning, water pumps and other equipment for other domestic energy consumption indicators advanced, replace the equipment energy consumption norms have backward in order to reduce energy costs and contribute to the implementation of energy-saving policy of the State.
Article 14. Solution use the energy saving and efficiency in living 1. Application of rational energy pricing policy in order to promote the use of energy savings and efficiency.
2. Apply the instruction of the Ministry of construction is issued according to the provisions in point c of paragraph 3 article 20 of this Decree when using other types of building materials and the equipment use a lot of energy, such as: air conditioning, mechanical devices for ventilation purposes , lighting equipment, hot-water supply equipment, Elevator installation in the home in order to achieve the purpose of use of energy savings and efficiency.
3. Minimize use of large capacity electric equipment in the peak hours of extra power system load chart.
Chapter VI MEASURES to encourage and PROMOTE the USE of ENERGY SAVING and EFFICIENCY article 15. Support policies, encourage the use of energy saving and efficiency 1. The equipment, materials, technology imports for energy-saving purposes, the products in the portfolio of energy-saving products are encouraged to produce or import are tax incentives under the provisions of the law.
2. State enterprise implementation of energy saving measures are savings award according to the provisions of the law on financial management and business accounting for State enterprises.
3. projects of the enterprises producing energy-saving products, imported new technology line or invest to save energy be considered medium-term or long-term loan from development assistance Fund, the Fund supports the development of science and technology.
Article 16. Measures to promote science and technology serves the goal to use the energy saving and efficiency 1. Every year, the ministries, ministerial agencies, government agencies, people's committees of provinces and cities under central is responsible for building the program, projects promoting the use of energy saving and efficiency, the layout part of funding research and development in science, technology and the environment with the proper rate for scientific research and technological development serving items use the energy saving and efficiency.
2. The content of the program, projects promoting the use of energy savings and efficiencies include: a) technological development using the energy saving and efficiency consistent with the industry, have an important role in the national economy;
b) supports research, development and technical application of common energy savings have been remarkably effective assertion of fact;
c) introduction and application technology, provides extensive information regarding the technology used in energy savings and efficiency.
Article 17. Raise awareness about the use of energy saving and efficiency 1. Ministries, ministerial agencies, government agencies, people's committees of provinces and cities under central popular organizations, advocacy on the mass media and other activities to raise the awareness of the people, encourage the participation of the people in the field use the energy saving and efficiency.
2. measures to raise awareness about the use of energy saving and efficiency include: a) the training, development and construction management team specialise in energy-saving, efficient energy use for the base, the branches, the local;
b) universal energy saving content through media programs on the mass media;
c) Put the content promotes energy savings in the operation of the technical sciences Society, organized unions. Organize creative contest on saving energy, conducting advocacy programmes to save energy.
Article 18. The national target programme on the use of energy saving and efficiency target base of socio-economic development, the Ministry of industry, in collaboration with the ministries involved construction of the prime objective of the national program on the use of energy saving and efficiency with the content : 1. study, development of projects using the energy saving and efficiency, promote environmental protection and overcoming environmental problems arising from the production and use of energy.
2. building plans on using the energy saving and efficiency.

3. Education, training, dissemination of information, advocacy communities in the areas of development, promote the use of energy savings and efficiency, protect the environment.
Chapter VII ADMINISTRATION of the USE of ENERGY SAVING and EFFICIENCY article 19. State management content about using energy saving and efficiency 1. Issued legal documents about the use of energy saving and efficiency; Organization of the Guide and to test the implementation.
2. The promulgation of the regulation, the provisions on work, energy saving consultancy energy audit inspection, certification of quality standards and product quality stamping for energy savings.
3. Building policy on the import of equipment, machinery, technology transfer policy, a research organization, the application of scientific advances in the field of technology, used to save energy.
4. Advocacy, information dissemination, education and popular knowledge of the use of energy savings and efficiency.
5. Organization and management of the international cooperation activities in the field of energy saving use.
6. human resource training in the field of energy savings and efficiency.
7. test, inspection activities using the energy saving and efficiency.
Article 20. The State administration on the use of energy saving and efficiency 1. The unified Government Administration about the use of energy savings and efficiency.
The Ministry of industry responsible Government in the implementation of State management on the use of energy saving and efficiency has the following duties: a) in collaboration with the ministries involved in construction, the Prime Minister approved the national target programme on the use of energy saving and efficiency and the management of the programme;
b) building, the Prime Minister's policy and measures for implementation of the policy on the use of energy savings and efficiency.
c) building, the Prime Minister plans to save energy according to the five-year plan and annual plans;
d) Established the list of the selected equipment, energy saving products, these products are not transferable or subject to the Prime Minister's decision and published annually;
DD) coordination of the activities of State management on the use of energy saving and efficiency between the ministries, local;
e) Guide to making use of the energy saving and efficiency for the production facilities include: the establishment and subsequent use of energy savings and efficiency, situation report energy use, energy audit;
g) issued the regulations on liability manufacturer ensure operating characteristics requirements, energy consumption for each device type are selected and provide the information relevant to the use of energy efficiency equipment is selected on the content label of the goods;
h) formula rules stamping product certification for energy savings;
I) regulatory consulting organization has sufficient operational capacity in the field of consultancy, energy saver energy audit, inspection prior to certification or energy-saving quality allows for stamping product certification for energy savings.
3. duties and powers of the ministries, ministerial agencies, government agencies in active management using the energy saving and efficiency: a) the ministries, ministerial agencies, government agencies according to the functions, duties and powers are responsible for coordination with the Ministry of industry made the task of managing the State on use of energy saving and efficiency in each industry, each locality;
b) Ministry of science and technology: issued national standards on energy usage limit for the equipment type, means to use the energy that is being used;
Issued the regulations on the inspection of the equipment, products or standard match national standards on energy usage limit.
c) MOC: regulations and standards on the use of energy savings and efficiency in the construction of the buildings;
Regulatory quality and insulation properties of the construction materials. Guide to the organizations and individuals who manufacture, supply, use of appropriate building materials, to reduce the level of heat transfer;
Guide to the owner, the owner of the building, the owner of households make use of measures of energy saving and efficiency for air conditioners and other mechanical devices used for ventilation, lighting equipment, hot-water supply equipment, elevator.
d) Ministry of transportation: in collaboration with the Ministry of industry guide builders make the rules on the use of energy saving and efficiency with respect to the means to use the energy in the field related to transportation.
DD) Ministry of Finance: a guide to implementing financial policy measures encouraging support using the energy saving and efficiency provisions in article 15 of this Decree.
4. duties and powers of the provincial people's Committee in managing the use of energy savings and efficiency: a) the provincial people's Committee to implement state management functions on the use of energy saving and efficiency locally under the guidance of the Ministry of industry and the Ministry of concerned;
b) provincial peoples Committee functions, tasks and activities in the field of energy savings and efficiency of industrial Facility, the local building Department.
Chapter VIII inspection, the INSPECTION and HANDLING of breach of article 21. The report, test 1. The basis of key energy use is responsible for periodically reports the Department of industry, the Ministry of industry of the content related to the condition, the use of energy, the operation of the equipment at the manufacturing facility as specified in clause 1 6 of this Decree. In case of need, The industry can conduct spot checks of equipment energy use along with the records, the relevant document.
2. The base case used key energy does not fulfill the requirements set out in the plan to use the energy saving and efficiency, The industry there remind the text base rigorous plans to use energy savings and efficiency.
3. To perform the duties specified in paragraph 3 article 8 of this Decree; in case of need, the Ministry of construction has the right to request the institutions, individual participants, the investment consulting, design, build, own the buildings reported the problem about the design, construction or conduct fact check at the building and profile, related documents.
4. To perform the duties prescribed in clause 2 article 11 of this Decree; in case of need, The industry has the right to require device manufacturers are choosing to report problems related to the operating characteristics of the device or conduct fact check at the factory, warehouse and records, the relevant document.
5. spot inspection prescribed in paragraphs 1, 2, 3 and 4 of this Article must comply with the provisions of the law regarding inspection and test.
Article 22. The violation, the sanction level 1. A fine from 1 million to 3 million for the behavior of individual organizations did not specify targets for energy consumption in a presentation or on the label of the goods.
2. A fine of 1 million to 5 million for one of the following behaviors: a) manufacture of equipment, means of energy use have the technical characteristics specified must already obsolete suspended production;

b) importing equipment, means of energy use have technical features backward had rules prohibiting the import;
c) assignment of equipment, means of energy use in the an to;
d) using the certification stamp products save energy or use control (no register) of stamps certified energy-saving products;
DD) use the certificate of quality of energy saving for fake products.
3. A fine of from 5 million to 10 million for the following acts: a) to the base using key energy plan not to use the energy saving and efficiency without good reason;
b) Organization, individual re-offending behaviour assignment page, equipment, means of energy use has had to rule.
4. Depending on the nature and extent of the violation, the individual held administrative violations can be applied one or the additional sanctions: a) deprived of the right to use the stamps certified energy-saving products, certification of the quality of energy saving;
b) confiscated exhibits, the means used to administrative violations.
ư5. In addition to the fines and additional sanctions specified in paragraph 1, 2, 3 and 4 of this Article, personal, organizational administrative violations can also be applied to one or more of the following remedial measures: a) pressed out of the territory of Vietnam or forced to re-export the equipment means to use the energy technical features backward had rules prohibiting the import;
b) forced the removal of equipment, means of energy use in the an to.
Article 23. Jurisdiction to sanction violation of 1. The provincial people's Committee, specialized inspection authority sanctioning for violation of the provisions of this Decree in accordance with the Ordinance on handling administrative violations.
2. in case of violations of sanctions authorized in many agencies, the sanction by the Agency accepting the first made.
Article 24. Awards, discipline 1. The Organization, individuals are active in the use of energy saving and efficiency will be reward as specified by law.
2. where there are abuses, rights officials personal interests, irresponsible, then depending on the extent will be disciplined or prejudice criminal responsibility, if the damage is compensated according to the provisions of the law.
Chapter IX TERMS and ENFORCEMENT of article 25. The effect of the Decree the Decree take effect after 15 days from the date The report.
Article 26. Implementation the Minister of industry, Minister of the Ministry and the heads of the relevant agencies as defined in Chapter VII the base function, his task is responsible for guiding the implementation of this Decree.
Article 27. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.