Circular 01/2022/TT-BTNMT detailing the Law on Environmental Protection regarding climate change response

CIRCULAR

Detailing the implementation of the Law on Environmental Protection regarding climate change response

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Pursuant to the Law on Environmental Protection dated November 17, 2020;

Pursuant to Government’s Decree No. 36/2017/ND-CP dated April 4, 2017, defining the functions, tasks, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Government’s Decree No. 06/2022/ND-CP dated January 7, 2022, providing regulations on mitigation of greenhouse gas emissions and protection of the ozone layer;

At the proposal of the Director of the Agency for Climate Change and the Director of the Department of Legislation;

The Minister of Natural Resources and Environment promulgates the Circular detailing the implementation of the Law on Environmental Protection regarding climate change response.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulations

This Circular details 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; 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 Decree No. 06/2022/ND-CP dated January 7, 2022 of the Government providing regulations on mitigation of greenhouse gas emissions and protection of the ozone layer.

Article 2. Subjects of application

This Circular applies to agencies, organizations and individuals involved in activities related to climate change response; making of greenhouse gas emission statistics and mitigation of greenhouse gas emissions; activities related to controlled ozone-depleting substances and contributors to the greenhouse effect under the Montreal Protocol on Substances that Deplete the Ozone Layer.

Article 3. Interpretation of terms

In this Circular, the below terms are construed as follows:

1. Climate change impact assessment means the determination of the level of positive, negative, short-term and long-term impacts; vulnerability, risk and loss, damage caused by climate change to natural, economic and social systems within a defined space and time.

2. Hazard means the possibility of abnormal climate events or phenomena causing damage to people, properties, facilities, socio-economic activities, natural resources and the environment.

3. Exposure means the presence of people, socio-economic activities, ecosystems, resources, infrastructure, and cultural works in areas that may be adversely affected by climate change.

4. Sensitivity means the degree to which a natural, economic or social system is affected by the positive or negative impacts of climate change.

5. Adaptability means the adjustment of natural systems, economic and social activities and institutions, policies and resources in order to mitigate adverse impacts and take advantage of opportunities brought about by impacts of climate change.

6. Vulnerability means the tendency of natural, economic and social systems to be adversely affected by the impacts of climate change. Vulnerability is constituted by the degree of sensitivity and adaptability to the adverse impacts of climate change.

7. Risk means the potential consequence of a hazard posed by climate change to people, properties, facilities, socio-economic activities, resources and the environment. Risk is the result of the interaction between vulnerability, exposure, and the hazard posed by climate change.

8. Losses and damages mean economic and non-economic losses and damages to natural, economic and social systems caused by the adverse impacts of climate change.

9. Greenhouse gas sink means any natural or man-made system capable of accumulating and storing greenhouse gases from the atmosphere. The main sinks of greenhouse gases are forests (through photosynthesis by plants) and oceans (through photosynthesis by marine life and the movement of ocean currents).

10. Global Warming Potential (GWP) means the heat absorbed by any greenhouse gas in the atmosphere over a specified time (usually 100 years) relative to CO_2.

11. Ozone depletion potential (ODP) means the relative amount of degradation to the ozone layer that any substance can cause.

Chapter II

ASSESSMENT OF IMPACT, VULNERABILITY, RISK, LOSSES AND DAMAGES CAUSED BY CLIMATE CHANGE

Article 4. Request for assessment

1. The assessment of impacts, vulnerabilities, risks, losses and damages caused by climate change (referred collectively to as climate change impact assessment) must ensure objectivity and be based on scientific grounds; fully and consistently indicate the information, methods used, and assessment results.

2. The climate change impact assessment must fully comply with the assessment contents and order as prescribed in this Circular.

Article 5. Information and data for assessment

1. The updated climate change scenario announced by the Ministry of Natural Resources and Environment, including maps and information, data about space and time as follows:

a) Temperature: annual average temperature, average seasonal temperature, maximum and minimum temperature;

b) Rainfall: annual average rainfall, average seasonal rainfall; the highest 24-hours rainfall, the highest five-day rainfall and the number of days with rainfall greater than 50 mm;

c) Extreme climate phenomena: storms and tropical depressions, monsoons, strong cold weather, extreme cold weather, heat waves, droughts and other extreme climate phenomena;

d) Sea level rise: sea level rise in coastal areas and islands, extreme water levels (storm surge, coastal tides, storm surge combined with tides), the risk of submergence due to sea level rise;

dd) Other relevant information.

2. Monitoring information and data of meteorology, hydrology, oceanography and related extreme phenomena in the past and present.

3. Strategies, master plans and work plans for socio-economic growth and development of sectors and fields.

4. Regulations on economic - technical norms, unit prices and investment rates promulgated by competent authorities.

5. Statistics and other relevant documents.

Article 6. Assessment contents

1. Contents of climate change impact assessment include:

a) Assessment of the impacts of climate change on natural systems, including land, water, minerals, forests, biodiversity, marine life and islands, natural resources, and other environmental factors;

b) Assessment of the impacts of climate change on the economic system, including production and business activities, services, and infrastructure in the fields of agriculture, forestry, transportation, construction and urbanization, industry, energy, information and communication, tourism, commerce and service provision, and other related activities;

c) Assessment of the impacts of climate change on social systems, including population distribution, housing and living conditions, health services, healthcare, culture, education, vulnerable groups, gender equality and poverty reduction.

2. The assessment of the impacts of climate change on specific fields and regions should, based on the assessment contents specified in Clause 1 of this Article, be adjusted to suit the respective scope of assessment.

Article 7. Order of assessment

1. Determining the scope of the assessment

a) Spatial scope means the defined geographical scope for the area on which the impacts of climate change are assessed;

b) Time range means the duration of the assessment, including past and future time periods. The past period means a period of at least 5 years before the assessment takes place while the future period shall be determined based on the objectives of the assessment.

2. Determining the subjects of the assessment, including subjects belonging to the natural system and socio-economic systems specified in Clause 1, Article 6 of this Circular.

3. Analyzing the climate change scenario

On the basis of the updated climate change scenario announced by the Ministry of Natural Resources and Environment and the determined scope and subjects of the assessment:

a) Supplementing and detailing information and data for the scope and subjects of the assessment;

b) Analyzing climate change characteristics and trends;

c) Identifying and analyzing important climatic factors for the subjects of the assessment;

d) Calculating and adding other relevant parameters for the assessment.

4. Analyzing and forecasting the socio-economic development

Analyzing strategies, master plans, socio-economic development plans, development plans of sectors and fields, and other related documents in order to determine:

a) Objectives and future development orientations of the assessed area or field;

b) Contents and spatial scope of future development plans related to the assessed subjects.

5. Selecting assessment methods

a) Assessing the impacts of climate change using quantitative and qualitative methods. Quantitative methods include predictive modeling, map overlay, rapid assessment, and empirical statistics. Qualitative methods include assessment matrix, enumeration, network method, interview survey, expert method, participatory assessment;

b) Assessing the vulnerability and risks posed by climate change using the methods of survey, interview, consultation, empirical statistics, modeling, and map overlay;

c) Assessing the losses and damages caused by climate change using the method of determining economic and non-economic losses and damages. Methods of determining economic losses and damages include survey, statistics, cost-benefit analysis. Methods of determining non-economic losses and damages include forecasting models, analysis of synthetic risk indices, participatory assessment;

d) The selection and application of assessment methods specified at Points a, b and c of this Clause must be suitable to the subject and scope of the assessment; the ability to meet information requirements and data availability.

6. Assessing the impacts of climate change

a) Identifying, screening and determining types of climate change impacts based on the subjects of the assessment, climate change scenarios and the contents to be assessed; including positive, negative, short-term and long-term impacts;

b) Investigating, collecting and summarizing information to serve the determination of the impacts of climate change in the past, including information on the natural, economic and social systems of the assessed subjects as specified in Clause 1, Article 6 of this Circular.

c) Investigating, collecting and summarizing information to forecast the impacts of climate change in the future, including data and maps of factors in the climate change scenario; information and maps showing master plans, development plans (land use maps, urban and population development plans, infrastructure development plans) and other relevant information;

d) Analyzing and identifying positive, negative, short-term and long-term impacts of climate change on the assessed subjects.

7. Assessing vulnerability and risks posed by climate change

a) Identifying the hazard to the assessed subjects based on the analysis of adverse impacts of climate change;

b) Determining the component indices reflecting the hazard, exposure, sensitivity and adaptability corresponding to the scope and subjects of the assessment, ensuring the representativeness and feasibility thereof.

The component indices of hazard shall be determined based on the climate change factors (temperature, rainfall, sea level rise, extreme climate phenomena) that can cause adverse impacts on the assessed subjects.

The component indices of exposure shall be determined based on the assessed subjects’ exposure (location) to the adverse impacts of climate change.

The component indices of sensitivity shall be determined based on the climatic factors that have great impacts on the assessed subjects.

The component indices of adaptability shall be determined based on the organization's ability, technical and financial capacity, and other factors;

c) Investigating, collecting and summarizing relevant information to determine the component indices of the sensitivity, adaptability, hazard and exposure;

d) Normalizing the value of the selected component indices in the range from 0 to 1. Each component index shall be normalized in accordance with the spatial scope of the assessment and based on the positive or negative relationship between the component index needs to be normalized with the index of vulnerability or risk, in order to apply the appropriate normalization formula;

dd) Determining the weight of each component index based on the importance of such component index;

e) Determining the vulnerability based on the sensitivity and adaptability; determining the risks based on the hazard, exposure and vulnerability. Details on selection and determination of indices reflecting the vulnerability and risks imposed by climate change are provided in Appendix I.1 to this Circular;

g) Summarizing and classifying the vulnerability and risks based on the calculation results with values of between 0 and 1 into 05 levels: very low, low, medium, high or very high;

h) Making a hierarchical map of the vulnerability and risks posed by climate change for each assessed subject with each type of hazard according to technical regulations on surveying and mapping.

8. Assessing the losses and damages caused by climate change

a) Determining the indices of economic and non-economic losses and damages to the natural, economic and social systems on the principle that the losses and damages can be identified, direct, quantifiable in terms of volume and extent.

The indices of economic losses and damages shall be applicable to the economic system, including component indices of production, trade and services, infrastructure, housing and properties, income, employment and others.

The indices of non-economic losses and damages shall be applicable to natural and social systems. For the natural system, the component indices include land loss due to flooding, landslides, salinization, loss of biodiversity, loss of ecosystem services, and others. Component indices for the social system include loss of life, health, traditional knowledge, cultural heritage and others;

b) Investigating, collecting and summarizing information and data on losses and damages caused by climate change in the past. The information and data to be investigated and collected include the time of occurrence, volume, scale, extent of damages, remedial costs and other relevant information;

c) Investigating, collecting and summarizing information and data on losses and damages caused by climate change in the future based on the timeline corresponding to the objectives of the assessment. The information and data to be investigated and collected include forecasts on volume, scale, and extent of losses and damages;

d) Calculating and analyzing the past and future economic losses and damages corresponding to the subjects and the identified loss and damage indices.

The value of losses and damages for each component index shall be calculated according to the following general formula:

L = D x C

In which: L means the value of losses and damages in money (VND);

D means the volume of losses or damages;

C means the costs for restoring and recovering a damaged unit to its normal state before being affected by climate change.

The calculated values of the past and future losses and damages must be converted to the values at the time when the assessment takes place with an appropriate discount rate. The appropriate discount rate shall be considered based on the actual rate of return, the inflation rate and the risk premium. Values of such ratios need to be averaged based on the data in a minimum period of 05 years before the time when the assessment takes place;

dd) Analyzing the past and future non-economic losses and damages corresponding to the subjects and the loss and damage indices by describing and assessing the identified types of losses and damages;

e) Summarizing the results of calculation and determination of economic and non-economic losses and damages to the assessed subjects;

g) Details of the determination of losses and damages caused by climate change are provided in Appendix I.2 to this Circular.

9. Making a report on the climate change impact assessment.

Article 8. Report on assessment

1. The report on the climate change impact assessment shall be made using the form specified in Appendix I.3 to this Circular.

2. The main contents of the report shall include:

a) Objectives, contents, subjects, scope and methods of the assessment;

b) Characteristics of the assessed areas and subjects;

c) Analysis of the climate change scenario;

d) Analysis of socio-economic development forecasts and other relevant documents;

dd) Results of the assessment of impacts, vulnerability, risks and losses and damages caused by climate change;

e) Proposals on solutions to adapt to climate change.

2. Agencies and organizations performing the assessment shall be responsible for publishing reports on the climate change impact assessment on their websites.

Chapter III

APPRAISAL OF GREENHOUSE GAS INVENTORY RESULTS AND GREENHOUSE GAS EMISSION MITIGATION

Article 9. Requirements for appraisal performance

1. To ensure the objectivity and scientific rationales upon the appraisal of greenhouse gas inventory results and greenhouse gas emission mitigation at the sectoral and grassroots levels.

2. To strictly comply with the processes and fully reflect the appraisal contents as prescribed in this Circular.

Article 10. Processes for appraising the greenhouse gas inventory results at the sectoral level

1. Ministries managing sectors and fields shall establish and organize a meeting of the appraisal council for the greenhouse gas inventory results at the sectoral level. Members of the appraisal council shall include: representatives of ministries managing sectors and fields, the Ministry of Natural Resources and Environment, relevant ministries and experts with appropriate expertise.

2. Members of the appraisal council shall assess the results of greenhouse gas inventory according to the following principal contents:

a) The adequacy of greenhouse gas inventory contents, information and data;

b) The conformity in identification of emission sources and greenhouse gas sinks;

c) The conformity of greenhouse gas inventory method, applicable emission coefficient, quality control method, assurance of quality, greenhouse gas emission data and information system of ministries managing sectors and fields;

d) The accuracy and reliability of greenhouse gas inventory results.

3. Within 05 working days, the appraisal council shall approve and send the ministries managing sectors and fields the meeting minutes with the following main contents:

a) The assessment of greenhouse gas inventory processes and results;

b) The limitations of greenhouse gas inventory processes and results;

c) The requirements and recommendations related to the finalization of greenhouse gas inventory processes and results based on the opinions of council members;

d) The appraisal council’s conclusions.

4. Ministries managing sectors and fields shall organize the adjustment of greenhouse gas inventory results according to the appraisal council’s conclusions, serving as the basis for formulating the reports of ministries managing fields in service of greenhouse gas inventory at the national level.

Article 11. Processes for appraising the mitigation of greenhouse gas emissions at the sectoral level

1. Ministries managing sectors and fields shall establish and organize a meeting of the appraisal council for the greenhouse gas emission mitigation at the sectoral level. Members of the appraisal council shall include: representatives of ministries managing sectors and fields, the Ministry of Natural Resources and Environment, relevant ministries and experts with appropriate expertise.

2. Members of the appraisal council shall assess the reports of greenhouse gas emission mitigation according to the following principal contents:

a) The conformity of policies and management measures for the sector’s greenhouse gas emission mitigation with sectoral development strategies, master plans and plans;

b) The reliability and adequacy of information and data on greenhouse gas inventories and ordinary development scenarios in the planning period;

c) The conformity of quantitative methods to reduce greenhouse gas emissions of policies and management measures for greenhouse gas emission mitigation;

d) The accuracy and reliability of greenhouse gas emission mitigation results and comparison with the ordinary development scenarios in the planning period;

dd) The possibility of double calculation for greenhouse gas emission mitigation results.

3. Within 05 working days, the appraisal council shall approve and send the ministries managing sectors and fields the meeting minutes with the following principal contents:

a) The assessment of greenhouse gas emission mitigation processes and results;

b) The limitations of greenhouse gas emission mitigation reports;

c) The requirements and recommendations related to the finalization of greenhouse gas emission mitigation reports based on the opinions of council members;

d) The appraisal council’s conclusions.

4. Ministries managing sectors and fields shall make and send the Ministry of Natural Resources and Environment reports on greenhouse gas emission mitigation made according to the Form specified in Appendix II.1 issued together with this Circular, enclosed with the reports on greenhouse gas emission mitigation at the sectoral level completed according to the appraisal council’s conclusions.

5. Ministries managing sectors and fields shall be responsible for managing and archiving the appraisal dossiers and reports on greenhouse gas emission mitigation at the sectoral level.

Article 12. Processes for appraising the greenhouse gas inventory results at the grassroots level

1. Within 05 working days from the date on which a report on greenhouse gas inventory at the grassroots level is received, the provincial-level People's Committees shall assign their affiliated specialized agencies (hereinafter referred to as appraisal agencies) to perform the appraisal of greenhouse gas inventory information and results provided by establishments.

2. Appraisal agencies shall assess the results of greenhouse gas inventory at the grassroots level according to the following principal contents:

a) The adequacy of contents, information and data of greenhouse gas inventory reports;

b) The conformity in identification of emission sources and greenhouse gas sinks as presented in greenhouse gas inventory reports at the grassroots level;

c) The conformity of greenhouse gas inventory method, applicable emission coefficient, quality control method, assurance of greenhouse gas inventory quality, and greenhouse gas emission data and information system of establishments;

d) The accuracy of greenhouse gas inventory results at the grassroots level.

3. Within 20 working days, appraisal agencies shall notify establishments of the appraisal results, including the request for adjustment and supplementation (if any) to greenhouse gas inventory reports. In cases of adjustment and supplementation, the establishments shall complete the greenhouse gas inventory reports according to the notification of appraisal results.

4. Establishments shall send the completed greenhouse gas inventory reports to appraisal agencies and the Ministry of Natural Resources and Environment.

5. During the appraisal, appraisal agencies are entitled to:

a) Invite organizations and individuals with appropriate expertise, capacity and experience to participate in the appraisal;

b) Request establishment owners to provide operational data and relevant information for greenhouse gas inventory of such establishments (if necessary);

c) Request to carry out the actual inspection and take representative samples at establishments (if necessary).

6. Appraisal agencies shall be responsible for managing and archiving the appraisal dossiers and sending the greenhouse gas inventory reports completed by establishments to ministries managing sectors and fields for updating on the online database on greenhouse gas inventory within their scope of​​management.

Article 13. Processes for appraising the greenhouse gas emission mitigation at the grassroots level

1. Appraisal units shall organize the appraisal of greenhouse gas emission mitigation when they receive reports on greenhouse gas emission mitigation.

2. Appraisal units shall assess the greenhouse gas emission mitigation at the grassroots level according to the following main contents:

a) The reliability and adequacy of information and data in greenhouse gas emission mitigation emission reports;

b) The conformity of greenhouse gas emission mitigation measures, quantitative methods of greenhouse gas emission mitigation, and information and data system of establishments that are presented in the greenhouse gas emission mitigation reports;

c) The implementation results of greenhouse gas emission mitigation in accordance with the establishments’ greenhouse gas emission mitigation plans and greenhouse gas emission quota issued to such establishments.

3. Appraisal units shall prepare and send establishments the assessment reports on greenhouse gas emission mitigation, made according to the Form specified in Appendix II.2 issued together with this Circular.

4. After receiving the assessment reports on greenhouse gas emission mitigation, the establishments shall send the completed greenhouse gas emission mitigation reports enclosed with the assessment reports on greenhouse gas emission mitigation to the Ministry of Natural Resources and Environment, and ministries managing sectors and fields.

Article 14. Processes for appraising general reports on greenhouse gas emission mitigation

1. The Ministry of Natural Resources and Environment shall establish an appraisal council for general reports on greenhouse gas emission mitigation. The appraisal council has at least 09 members, including the chairperson, the vice chairperson, the secretary, two reviewers and at least four council members. The council members are representatives of relevant state management agencies under the Ministry of Industry and Trade, Ministry of Transport, Ministry of Agriculture and Rural Development, Ministry of Natural Resources and Environment, Ministry of Construction, and other relevant experts with appropriate expertise.

2. Members of the appraisal council shall study and assess general reports on greenhouse gas emission mitigation according to the following principal contents:

a) The adequacy of contents, information and data of general reports on greenhouse gas emission mitigation;

b) The conformity of policies and management measures for greenhouse gas emission mitigation in the fields with the national development strategies, master plans and plans;

c) The conformity of quantitative methods to reduce greenhouse gas emissions of policies and management measures for greenhouse gas emission mitigation;

d) The greenhouse gas emission mitigation results and comparison with the national ordinal development scenarios in the planning period;

dd) The possibility of double calculation for greenhouse gas emission mitigation results.

3. Within 10 working days from the date on which the appraisal meeting is held, the appraisal council shall be responsible for approving and sending to the Ministry of Natural Resources and Environment the meeting minutes with the following principal contents:

a) The general assessment of general reports on greenhouse gas emission mitigation and results of greenhouse gas emission mitigation of ministries managing sectors and fields;

b) The limitations of general reports on greenhouse gas emission mitigation;

c) The requirements and recommendations related to the finalization of general reports on greenhouse gas emission mitigation based on the opinions of appraisal council members;

d) The appraisal council’s conclusions.

4. The Ministry of Natural Resources and Environment shall organize the finalization of general reports on greenhouse gas emission mitigation based on the appraisal council’s conclusions.

5. The appraisal council shall hold a meeting with the participation (in person at the meeting or online meeting) from two-thirds or more of the number of appraisal council members, of which the presence of the council chairperson or vice chairperson, secretary and at least 01 reviewer is mandatory.

6. The council chairperson shall be responsible for:

a) Holding meetings of the council or authorizing the vice chairperson to hold such meetings;

b) Handling the opinions raised in the council meetings, concluding the council meetings and taking the responsibility for such conclusions;

c) Signing the minutes of council meetings and taking the responsibility for the contents of such minutes.

Chapter IV

LIST, INSTRUCTIONS FOR USE, COLLECTION, TRANSPORTATION, RECYCLING, REUSE AND TREATMENT OF CONTROLLED SUBSTANCES

Article 15. List of controlled substances

1. The list of controlled substances banned from production, import and consumption in accordance with Point d, Clause 5, Article 22 of the Decree No. 06/2022/ND-CP is specified in Appendix III.1 issued together with this Circular.

2. The list of controlled ozone-depleting substances in accordance with Point b, Clause 3, Article 92 of the Law on Environmental Protection is specified in Appendix III.2 issued together with this Circular.

3. The list of contributors to the greenhouse effect in accordance with Point b, Clause 3, Article 92 of the Law on Environmental Protection is specified in Appendix III.3 issued together with this Circular.

4. The list of products, equipment and goods containing or manufactured from controlled substances in accordance with Point b, Clause 3, Article 92 of the Law on Environmental Protection is specified in Appendix III.4 issued together with this Circular.

Article 16. Guidance on the use of controlled substances

1. The production, export, import and consumption of controlled substances shall comply with the following management measures:

a) Registration for the use of controlled substances;

b) Import and export licenses;

c) Production and import quotas.

Details of management measures and application duration for each controlled substance are specified in Appendix III issued together with this Circular.

2. The exporting and importing of products, goods and equipment containing controlled substances must clearly specify information on controlled substances when carrying out customs procedures.

3. The exporting and importing of controlled substances with the same HS code must clearly specify information on each substance when carrying out customs procedures.

Article 17. Collection, transportation, recycling, reuse and treatment of controlled substances

1. Organizations and establishments that use equipment or products containing or using controlled substances specified in Clause 6, Article 92 of the Law on Environmental Protection include:

a) Organizations and establishments that are engaged in the production of controlled substances specified at Point a, Clause 1, Article 24 of the Decree No. 06/2022/ND-CP;

b) Organizations and establishments that manufacture or import equipment and products containing or manufactured from controlled substances specified at Point c, Clause 1, Article 24 of the Decree No. 06/2022/ND-CP ;

c) Organizations and establishments that possess equipment containing controlled substances: air conditioners with a nominal cooling capacity greater than 26.5 kW (90,000 BTU/h) and the total nominal cooling capacity of equipment greater than 586 kW (2,000,000 BTU/h); industrial refrigeration equipment with a capacity over 40 kW, subject to the cases specified at Point d, Clause 1, Article 24 of the Decree No. 06/2022/ND-CP;

d) Organizations and establishments that provide the installation, maintenance, repair and maintenance services for refrigeration and air-conditioning equipment.

2. Organizations and establishments specified in Clause 1 of this Article shall comply with the regulations on collection, transportation, storage, recycling, reuse and treatment of controlled substances as prescribed in Article 28 of the Decree No. 06/2022/ND-CP.

3. Technicians who install, operate, maintain and repair equipment containing controlled substances as prescribed in Clause 4, Article 28 of the Decree No. 06/2022/ND-CP must possess an intermediate or higher degree in one of the following professions:

a) Thermal engineering technology;

b) Electronic technology and building energy;

c) Mechanical technology, heating and air conditioning;

d) Installation of refrigeration equipment;

d) Maintenance and repair of thermal equipment;

e) Engineering of refrigeration and air conditioning;

g) Operation and repair of refrigeration equipment;

h) Mechanical and electrical refrigeration of aquatic products.

Article 18. Treatment of controlled substances

1. Controlled substances that cannot be recycled or reused after being collected must be treated and not released into the environment.

2. Organizations and individuals engaged in treatment of controlled substances shall comply with the law on hazardous waste management.

Chapter V

IMPLEMENTATION PROVISIONS

Article 19. Transitional provisions

Assessment results of climate change impacts made before the effective date of this Circular shall be considered and appraised in accordance with the Circular No. 08/2016/TT-BTNMT dated May 16, 2016 of the Minister of Natural Resources and Environment, providing for the assessment of impacts of climate change and the national climate assessment.

Article 20. Effect

1. This Circular takes effect from January 7, 2022.

2. The provisions specified in Article 5 of the Circular No. 08/2016/TT-BTNMT dated May 16, 2016 of the Minister of Natural Resources and Environment, providing for the assessment of climate change impacts and national climate assessment shall be annulled.

Article 21. Implementation organization

1. Ministries, ministerial-level agencies, Governmental agencies, provincial or municipal People's Committees, and relevant organizations and individuals shall be responsible for the implementation of this Circular.

2. Any problems arising in the course of implementation shall be promptly reported to the Ministry of Natural Resources and Environment for study, guidance, amendment and supplement./.

For the Minister

The Deputy Minister

LE CONG THANH

* All Appendices are not translated herein.