Decree 112/2026/ND-CP international transfer of greenhouse gas emission mitigation outcomes and carbon credits

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ATTRIBUTE

Decree No. 112/2026/ND-CP dated April 01, 2026 of the Government on the international transfer of greenhouse gas emission mitigation outcomes and carbon credits
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Official number:112/2026/ND-CPSigner:Tran Hong Ha
Type:DecreeExpiry date:Updating
Issuing date:01/04/2026Effect status:
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Fields:Science - Technology, Natural Resources - Environment
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 THE GOVERNMENT
 __________

No. 112/2026/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

____________________

Hanoi, April 01, 2026


DECREE

On the international transfer of greenhouse gas emission mitigation outcomes and carbon credits

 

Pursuant to the Law No. 63/2025/QH15 on Organization of the Government;

Pursuant to the Law No. 72/2020/QH14 on Environmental Protection, which was amended and supplemented by the Law No. 11/2022/QH15, the Law No. 16/2023/QH15, the Law No. 18/2023/QH15, the Law No. 47/2024/QH15, the Law No. 54/2024/QH15, and the Law No. 146/2025/QH15;

At the proposal of the Minister of Agriculture and Environment;

The Government hereby promulgates the Decree on the international transfer of greenhouse gas emission mitigation outcomes and carbon credits.

 

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of regulation

This Decree prescribes the transfer of greenhouse gas emission mitigation outcomes and carbon credits with international partners to implement the Paris Agreement under the United Nations Framework Convention on Climate Change, supporting the realization of national greenhouse gas emission mitigation targets and other greenhouse gas emission mitigation targets.

Article 2. Subjects of application

This Decree applies to authorities and organizations that internationally transfer greenhouse gas emission mitigation outcomes and carbon credits.

Article 3. Interpretation of terms

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

1. The international transfer of greenhouse gas emission mitigation outcomes and carbon credits means the transfer of greenhouse gas emission mitigation outcomes and carbon credits between Vietnam and international partners, conducted within the framework of cooperation agreements under Clause 2, Article 6 of the Paris Agreement (hereinafter referred to as the Article 6.2 Agreement) or under the mechanism prescribed in Clause 4, Article 6 of the Paris Agreement (hereinafter referred to as the Article 6.4 Mechanism), or outside the framework of the Article 6.2 Agreement and the Article 6.4 Mechanism.

2. Paris Agreement means a treaty within the framework of the United Nations Framework Convention on Climate Change (hereinafter abbreviated as UNFCCC), which entered into force in 2021 and defines the responsibilities of the member states for greenhouse gas emission adaptation and mitigation through nationally determined contributions (hereinafter abbreviated as NDC).

3. Article 6.2 Agreement means an international treaty or agreement signed between the Government of the Socialist Republic of Vietnam and a nation that is a Party to the Paris Agreement or an international organization to implement the greenhouse gas emission mitigation targets in the NDC or other greenhouse gas emission mitigation targets, thereby permitting:

a) The transfer of greenhouse gas emission mitigation outcomes and carbon credits from Vietnam to international partners through the issuance of a letter of authorization for international transfer by Vietnam;

b) The transfer of greenhouse gas emission mitigation outcomes and carbon credits from international partners to Vietnam through the issuance of a letter of authorization for international transfer by the host country.

4. Article 6.4 Mechanism means the carbon transfer and offsetting mechanism prescribed in Clause 4, Article 6 of the Paris Agreement, allowing authorities and organizations involved in the implementation of the programs and projects to internationally transfer greenhouse gas emission mitigation outcomes and carbon credits to achieve greenhouse gas emission mitigation targets in the NDCs or other greenhouse gas emission mitigation targets.

5. Other greenhouse gas emission mitigation targets prescribed in this Decree mean greenhouse gas emission mitigation targets under international commitments or international treaties to which the Socialist Republic of Vietnam is a member, excluding the greenhouse gas emission mitigation targets in the NDC (referred to as greenhouse gas emission mitigation targets under international treaties and international commitments), or voluntary greenhouse gas emission mitigation targets of authorities and organizations.

6. International partner means a nation, international organization, foreign organization, or an authority or organization authorized by a nation, international organization, or foreign organization to participate in cooperation or transfer of greenhouse gas emission mitigation outcomes and carbon credits with Vietnam as prescribed in this Decree.

7. Program or project means a greenhouse gas emission mitigation program or project that generates greenhouse gas emission mitigation outcomes and carbon credits under carbon standards.

8. Carbon standard means the law regulations on principles, requirements, processes, procedures, and methodologies for generating carbon credits from greenhouse gas emission mitigation activities; promulgated and managed by domestic or international authorities or organizations.

9. The Supervisory Body of the Article 6.4 Mechanism means the body established within the UNFCCC framework to operationalize the Article 6.4 Mechanism, develop and approve carbon credit generation methodologies, register and approve programs and projects, and manage the Registry of the Article 6.4 Mechanism.

10. The Registry of the Article 6.4 Mechanism means a digital database system operated by the Supervisory Body of the Article 6.4 Mechanism to track and manage programs, projects, and carbon credits under the Article 6.4 Mechanism.

11. Mitigation outcome unit means a certificate representing the right to emit one tonne of CO2 or one tonne of CO2 equivalent, originating from greenhouse gas emission mitigation activities but not issued in the form of carbon credits.

12. Internationally Transferred Mitigation Outcomes (hereinafter abbreviated as ITMO) mean greenhouse gas emission mitigation outcomes or carbon credits that are authorized for international transfer by the Government of the host country and involve corresponding adjustments in accordance with the provisions and guidelines of the Paris Agreement.

13. Host country means the country where the program or project is implemented.

14. Corresponding adjustment means the host country making an addition to its national greenhouse gas emission inventory for a quantity of emissions corresponding to the quantity of ITMOs transferred. Such quantity of ITMOs is only counted towards the greenhouse gas emission mitigation targets in the NDC or other greenhouse gas emission mitigation targets of the receiving party. The corresponding adjustments for the quantity of ITMOs between Vietnam and international partners shall be executed by the Ministry of Agriculture and Environment on behalf of the Government of the Socialist Republic of Vietnam.

15. The provisions and guidelines of the Paris Agreement include the provisions in the Paris Agreement and the decisions and guidelines promulgated by the Conference of the Parties serving as the meeting of the Parties to the Paris Agreement.

16. Letter of authorization for international transfer means a document issued by the host country to allow the use of greenhouse gas emission mitigation outcomes and carbon credits achieved within its territory to implement the greenhouse gas emission mitigation targets in the NDC of another country or other greenhouse gas emission mitigation targets. The letter of authorization for international transfer of the Government of the Socialist Republic of Vietnam shall be issued by the Ministry of Agriculture and Environment on behalf of the Government.

17. Additionality means a criterion used to evaluate whether programs and projects are eligible to generate greenhouse gas emission mitigation outcomes and carbon credits. A program or project is considered to possess additionality when it fully meets the following conditions:

a) Proving that the greenhouse gas emission reduction from implementing the program or project is higher than the reduction level prescribed by current law regulations or the mandatory requirements of the host country;

b) Proving that the program or project applies advanced greenhouse gas emission mitigation technology, superior to the widely used technology in the host country;

c) Proving that the program or project is difficult to deploy or difficult to attract investment without technological and financial support or revenue from the sale of greenhouse gas emission mitigation outcomes and carbon credits.

18. Sustainability means a criterion used to evaluate whether programs and projects are eligible to generate greenhouse gas emission mitigation outcomes or carbon credits. A program or project is considered to possess sustainability when it fully meets the following conditions:

a) Proving that the program or project continues to generate greenhouse gas emission mitigation outcomes after the end of the registered carbon credit carbon generating period;

b) Proving that the program or project contributes to the sustainable development goals of the host country.

19. Double counting means the use of the same quantity of greenhouse gas emission mitigation outcomes and carbon credits more than once to achieve greenhouse gas emission mitigation targets in the NDC or other greenhouse gas emission mitigation targets.

20. Independent carbon standards mean carbon standards promulgated and managed by international organizations or organizations established under foreign law regulations, allowing authorities and organizations involved in the implementation of the programs and projects to generate carbon credits for use and achievement of greenhouse gas emission mitigation targets.

21. Independent carbon standard managing organization means an international organization or an organization established under foreign law regulations, operating independently; guiding, monitoring, and approving carbon credit generation methodologies, approving programs and projects, and issuing carbon credits in accordance with the provisions and procedures of that carbon standard.

Article 4. Principles for the international transfer of greenhouse gas emission mitigation outcomes and carbon credits

1. The international transfer of greenhouse gas emission mitigation outcomes and carbon credits must:

a) Comply with the provisions of the Paris Agreement; support the development and transfer of greenhouse gas emission mitigation technology, enhance the competitiveness of enterprises, and promote the development of a low-carbon economy in Vietnam;

b) Prioritize the achievement of greenhouse gas emission mitigation targets in Vietnam's NDC and greenhouse gas emission mitigation targets under international treaties and international commitments;

c) Ensure national interests and harmonizing interests among participating parties, and contribute to the sustainable development of the local communities where the programs and projects are implemented.

2. The international transfer of greenhouse gas emission mitigation outcomes and carbon credits between Vietnam and international partners must be recorded and published on Vietnam's National Registry System.

Article 5. Letters of authorization for international transfer and corresponding adjustments

1. The Ministry of Agriculture and Environment issues the letter of authorization for the international transfer of greenhouse gas emission mitigation outcomes and carbon credits after the greenhouse gas emission mitigation outcomes and carbon credits are issued.

2. Greenhouse gas emission mitigation outcomes and carbon credits that have been revoked or have expired shall not be internationally transferred.

3. Corresponding adjustments for the quantity of ITMOs between Vietnam and international partners are implemented in accordance with the provisions of the Paris Agreement.

Article 6. International transfer ratio

1. In cases where international transfer involves corresponding adjustments, the maximum transfer ratio for the quantity of greenhouse gas emission mitigation outcomes and carbon credits issued for the generating period of greenhouse gas emission mitigation outcomes and carbon credits is prescribed as follows:

a) 90% for programs and projects following greenhouse gas emission mitigation measures and activities in List No. 01 provided in Appendix I to this Decree;

b) 50% for programs and projects following greenhouse gas emission mitigation measures and activities in List No. 02 provided in Appendix I to this Decree.

2. In cases where international transfer does not involve corresponding adjustments, the maximum transfer ratio is 90% of the quantity of greenhouse gas emission mitigation outcomes and carbon credits issued for a generating period of greenhouse gas emission mitigation outcomes and carbon credits for all programs and projects.

3. The remaining quantity of greenhouse gas emission mitigation outcomes and carbon credits after international transfer is permitted to be used for domestic transfer.

4. According to the practical situation, the line ministry proposes the adjustment and supplementation of the list of greenhouse gas emission mitigation measures and activities for international transfer provided in Appendix I to this Decree and sends it to the Ministry of Agriculture and Environment for summary and reporting to the Prime Minister for consideration and decision.

Article 7. Sale of greenhouse gas emission mitigation outcomes and carbon credits from public investment programs and projects, and public-private partnership investment projects

1. The managing authority of a public investment program or project shall decide on the sale of greenhouse gas emission mitigation outcomes and carbon credits from those programs and projects.

2. Opinions on the sale of greenhouse gas emission mitigation outcomes and carbon credits from public investment programs and projects must be sought from the line ministry, the Ministry of Agriculture and Environment, the Ministry of Public Security, and concerned authorities and organizations. The concerned authorities and organizations shall give their written opinions within a time limit of 15 working days after they receive the written request for opinions.

3. The revenue from the transfer of greenhouse gas emission mitigation outcomes and carbon credits generated from a public-private partnership investment project (PPP project) shall be recorded as the revenue of the PPP project and managed in accordance with the law regulations on public-private partnership investment. For a PPP project that has had its project contract signed and/or has its financial plan formulated and wishes to demand to transfer greenhouse gas emission mitigation outcomes and carbon credits, the contract-signing authority and the investor shall adjust the PPP project contract and/or the financial plan.

4. The proceeds collected from the sale of greenhouse gas emission mitigation outcomes and carbon credits from public investment programs and projects are State budget revenues and shall be managed and used in accordance with the law regulations on the State budget.

 

Chapter II

INTERNATIONAL TRANSFER OF GREENHOUSE GAS EMISSION MITIGATION OUTCOMES AND CARBON CREDITS WITHIN THE FRAMEWORK OF ARTICLE 6.2 AGREEMENTS

 

Article 8. Signing of Article 6.2 Agreements

1. The Ministry of Agriculture and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs, line ministries, and concerned authorities in, negotiating and signing Article 6.2 Agreements with international partners.

2. An agreement shall contain the following primary details:

a) Project registration;

b) Certification of greenhouse gas emission mitigation outcomes and issuance of carbon credits;

c) Carbon standards or carbon credit generation methodologies to be applied;

d) Financial obligations related to the international transfer of greenhouse gas emission mitigation outcomes and carbon credits;

dd) Dispute settlement mechanism;

e) Certification and announcement of validation and verification bodies;

g) Information sharing mechanism;

h) Procedures for authorizing the international transfer of greenhouse gas emission mitigation outcomes and carbon credits in cases where Vietnam is the receiving party of greenhouse gas emission mitigation outcomes and carbon credits.

Article 9. Registration of projects under Article 6.2 Agreements

1. Any authority or organization wishing to register a project under an Article 6.2 Agreement (hereinafter referred to as an Article 6.2 project) shall submit 01 dossier of request for project initiative registration via one of the following methods: direct submission or via postal service to the Ministry of Agriculture and Environment, or online via the National Public Service Portal or the national electronic identification application.

2. Such a dossier shall comprise:

a) A request for registration of the Article 6.2 project initiative, made using Form No. 01 provided in Appendix II to this Decree;

b) Copies of licenses and documents related to the legal entity status and operations of the authority or organization as required by the agreement and relevant law regulations;

c) Other documents as required by the agreement (if any).

In cases where the relevant documents prescribed at Point b and Point c, Clause 2 of this Article are in a foreign language, a Vietnamese translation, which shall have the seal of the authority or organization submitting the dossier stamped across the adjoining edges of its pages (dấu giáp lai), must be enclosed. The authority or organization that submits a dossier shall take legal accountability for the precision and accuracy of the translation.

Within a time limit of 02 working days from the date it receives the dossier of request for project initiative registration, the Ministry of Agriculture and Environment shall send a written notice to the authority or organization that submitted the dossier in one of the following cases: it accepts the valid dossier; or it requests the supplementation and completion of the dossier if the dossier is invalid. The time limit for supplementation and completion of a dossier is 15 working days from the date it receives a notice requesting such supplementation and completion.

3. The Ministry of Agriculture and Environment shall organize the evaluation of the dossier of request for project initiative registration regarding: the conformity of the project initiative with the list provided in Appendix I to this Decree and the strategic development goals of the sector and locality. During the evaluation process, the Ministry of Agriculture and Environment shall be responsible for sending the dossier of request for project initiative registration to the line ministry and concerned authorities and organizations to seek their opinions. Within a time limit of 10 working days from the date they receive the dossier to which their opinions are sought, the line ministry and the concerned authorities and organizations shall give their written opinions on the conformity of the project initiative.

4. Within a time limit of 15 working days from the date it receives a valid dossier, the Ministry of Agriculture and Environment shall send a written notice of the evaluation results, made using Form No. 02 provided in Appendix II to this Decree, to the authority or organization that submitted the dossier. In cases where the project initiative registration is not approved, the reasons must be clearly stated. Immediately after approving the project initiative registration, the Ministry of Agriculture and Environment shall be responsible for publicly disclosing the project initiative dossier on the National Registry System.

5. Within a time limit of 01 year from the date the project initiative is approved for registration, the authority or organization shall submit 01 dossier of request for approval of project registration via one of the following methods: direct submission or via postal service to the Ministry of Agriculture and Environment, or online via the National Public Service Portal or the national electronic identification application.

6. Such a dossier shall comprise:

a) A written request for approval of project registration, made using Form No. 03 provided in Appendix II to this Decree, which includes information on the organization representing the authorities and organizations involved in the implementation of the project (hereinafter referred to as the representative organization);

b) The design documentation of the project, as prescribed by the carbon standard applicable to the Article 6.2 Agreement;

c) The report on validation and verification of the project as prescribed by the carbon standard applicable to the Article 6.2 Agreement.

In cases where the relevant documents prescribed at Point b and Point c, Clause 6 of this Article are in a foreign language, a Vietnamese translation, which shall have the seal of the authority or organization submitting the dossier stamped across the adjoining edges of its pages (dấu giáp lai), must be enclosed. The authority or organization that submits a dossier shall take legal accountability for the precision and accuracy of the translation.

Within a time limit of 02 working days from the date it receives the dossier of request for approval of project registration, the Ministry of Agriculture and Environment shall send a written notice to the authority or organization that submitted the dossier in one of the following cases: it accepts the valid dossier; or it requests the supplementation and completion of the dossier if the dossier is invalid. The time limit for supplementation and completion of a dossier is 15 working days from the date it receives a notice requesting such supplementation and completion.

7. The Ministry of Agriculture and Environment shall organize the evaluation of the dossier of request for approval of project registration regarding the following: the additionality and sustainability of the project, the conformity of the carbon credit generating period with the achievement of greenhouse gas emission mitigation targets in Vietnam's NDC, and the project's contribution to achieving the greenhouse gas emission mitigation targets in Vietnam's NDC. During the evaluation of the dossier of request for approval of project registration, the Ministry of Agriculture and Environment shall be responsible for sending the dossier to the line ministry and concerned authorities and organizations to seek their opinions.

Within a time limit of 30 days from the date they receive the dossier to which their opinions are sought, the concerned authorities and organizations shall give their written opinions on matters within their ambit of State governance. The line ministry shall be responsible for providing opinions on the project’s conformity with the development strategies, plans, and master plans of the sector and field, and the greenhouse gas emission mitigation measures of the field in Vietnam's NDC. In cases where the aforementioned time limit expires but the concerned authority or organization provides no opinions, it shall be construed as agreeing with the details of the dossier of request for approval of project registration.

8. Within a time limit of 45 days from the date it receives a valid dossier, the Ministry of Agriculture and Environment shall send a written notice of the evaluation results to the authority or organization that submitted the dossier, using Form No. 04 provided in Appendix II to this Decree. In cases where it is not approved, the reasons must be clearly stated. Immediately after approving the project registration, the Ministry of Agriculture and Environment shall be responsible for publicly disclosing the project dossier on the National Registry System.

Article 10. Modification of activities and change of authorities and organizations involved in the implementation of Article 6.2 projects

1. If the authorities and organizations involved in the implementation of the project wish to modify the project activities after the project registration dossier has been approved, the representative organization shall submit 01 dossier of request via one of the following methods: direct submission or via postal service to the Ministry of Agriculture and Environment, or online via the National Public Service Portal or the national electronic identification application.

2. Such a dossier shall comprise:

a) A written request, made using Form No. 05 provided in Appendix II to this Decree;

b) The design documentation of the modified project;

c) The report on validation and verification of the modified project;

d) Copies of licenses and documents related to the modification of the professional activities of the project as prescribed by the law regulations regulations;

dd) Other attachments as prescribed by the Article 6.2 Agreement (if any).

In cases where the relevant documents prescribed at Point b, Point c, Point d, Clause 2 of this Article are in a foreign language, a Vietnamese translation, which shall have the seal of the authority or organization submitting the dossier stamped across the adjoining edges of its pages (dấu giáp lai), must be enclosed. The authority or organization that submits a dossier shall take legal accountability for the precision and accuracy of the translation.

Within a time limit of 02 working days from the date it receives the dossier of request for modification of the project activities, the Ministry of Agriculture and Environment shall send a written notice to the representative organization in one of the following cases: it accepts the valid dossier; or it requests the supplementation and completion of the dossier if the dossier is invalid. The time limit for supplementation and completion of a dossier is 15 working days from the date it receives a notice requesting such supplementation and completion.

3. The Ministry of Agriculture and Environment shall organize the evaluation of the dossier of request for modification of the project activities according to the proposed modifications. During the evaluation process, the Ministry of Agriculture and Environment shall be responsible for sending the dossier of request for modification of the project activities to the line ministry and concerned authorities and organizations to seek their opinions. Within a time limit of 15 working days from the date they receive the dossier to which their opinions are sought, the line ministry and the concerned authorities and organizations shall give their written opinions on matters within their ambit of State governance. In cases where the aforementioned time limit expires but the concerned authority or organization provides no opinions, it shall be construed as agreeing with the details of the dossier of request for modification of the project activities.

4. Within a time limit of 25 working days from the date it receives a valid dossier, the Ministry of Agriculture and Environment shall send a written notice of the evaluation results, made using Form No. 06 provided in Appendix II to this Decree, to the representative organization. In cases where it is not approved, the reasons must be clearly stated. Immediately after approving the modification of the project activities, the Ministry of Agriculture and Environment shall be responsible for publicly disclosing the project dossier with modified activities on the National Registry System.

5. In cases where the authorities and organizations involved in the implementation of the project wish to change the participating parties to the project after the project registration dossier has been approved, the representative organization shall submit 01 dossier of request via one of the following methods: direct submission or via postal service to the Ministry of Agriculture and Environment, or online via the National Public Service Portal or the national electronic identification application.

6. Such a dossier shall comprise:

a) A written request for modification of the project, made using Form No. 05 provided in Appendix II to this Decree;

b) A written notice of the termination of involvement in the implementation of the project from the authority or organization (if any);

c) Other documents as prescribed by the Article 6.2 Agreement (if any).

In cases where the relevant documents prescribed at Point b and Point c, Clause 6 of this Article are in a foreign language, a Vietnamese translation, which shall have the seal of the authority or organization submitting the dossier stamped across the adjoining edges of its pages (dấu giáp lai), must be enclosed. The authority or organization that submits a dossier shall take legal accountability for the precision and accuracy of the translation.

Within a time limit of 02 working days from the date it receives the dossier of request for change of the authorities and organizations involved in the implementation of the project, the Ministry of Agriculture and Environment shall send a written notice to the representative organization in one of the following cases: it accepts the valid dossier; or it requests the supplementation and completion of the dossier if the dossier is invalid. The time limit for supplementation and completion of a dossier is 15 working days from the date it receives a notice requesting such supplementation and completion.

7. The Ministry of Agriculture and Environment shall organize the inspection and review of the dossier of request for change of the authorities and organizations involved in the implementation of the project after it receives a valid dossier. During the inspection and review process, the Ministry of Agriculture and Environment shall be responsible for sending the dossier of request for change of the authorities and organizations involved in the implementation of the project to the concerned authorities and organizations to seek their opinions. Within a time limit of 15 working days from the date they receive the dossier to which their opinions are sought, the concerned authorities and organizations shall give their written opinions on matters within their ambit of State governance. In cases where the aforementioned time limit expires but the concerned authority or organization provides no opinions, it shall be construed as agreeing with the details of the dossier of request for change of the authorities and organizations involved in the implementation of the project.

8. Within a time limit of 25 working days from the date it receives a valid dossier, the Ministry of Agriculture and Environment shall consider and decide to approve the change as well as send a written notice, made using Form No. 06 provided in Appendix II to this Decree, to the representative organization. In cases where it is not approved, the reasons must be clearly stated. Immediately after approving the change of authorities and organizations involved in the implementation of the project, the Ministry of Agriculture and Environment shall be responsible for publicly disclosing it on the National Registry System.

Article 11. Measurement, reporting, validation and verification of greenhouse gas emission mitigation outcomes for Article 6.2 projects implemented within the territory of Vietnam

1. Authorities and organizations involved in the implementation of the projects within the territory of Vietnam shall be responsible for measuring and reporting the greenhouse gas emission mitigation outcomes from the projects as prescribed by the carbon standard applicable to the Article 6.2 Agreement.

2. The greenhouse gas emission mitigation outcomes from projects within the territory of Vietnam must be verified by a validation and verification body accredited by the authority or organization managing the carbon standard applicable to the Article 6.2 Agreement, or another validation and verification body as prescribed by the Article 6.2 Agreement.

Article 12. Issuance and certification of greenhouse gas emission mitigation outcomes and carbon credits from Article 6.2 projects

1. If the authorities and organizations involved in the implementation of the project wish to have greenhouse gas emission mitigation outcomes and carbon credits from the project issued and certified, the representative organization shall submit 01 dossier of request for issuance and certification via one of the following methods: direct submission or via postal service to the Ministry of Agriculture and Environment, or online via the National Public Service Portal or the national electronic identification application.

2. Such a dossier shall comprise:

a) A written request for issuance and certification of greenhouse gas emission mitigation outcomes and carbon credits, made using Form No. 07 provided in Appendix II to this Decree;

b) The report on validation and verification of the greenhouse gas emission mitigation outcomes of the project;

c) Documents proving the greenhouse gas emission mitigation outcomes and carbon credits of the project have been issued and certified by the authority or organization managing the carbon standard applicable to the Article 6.2 Agreement (if any).

In cases where the relevant documents prescribed at Point b and Point c, Clause 2 of this Article are in a foreign language, a Vietnamese translation, which shall have the seal of the authority or organization submitting the dossier stamped across the adjoining edges of its pages (dấu giáp lai), must be enclosed. The authority or organization that submits a dossier shall take legal accountability for the precision and accuracy of the translation.

Within a time limit of 02 working days from the date it receives the dossier of request for issuance and certification of greenhouse gas emission mitigation outcomes and carbon credits, the Ministry of Agriculture and Environment shall send a written notice to the representative organization in one of the following cases: it accepts the valid dossier; or it requests the supplementation and completion of the dossier if the dossier is invalid. The time limit for supplementation and completion of a dossier is 15 working days from the date it receives a written notice requesting such supplementation and completion.

3. The Ministry of Agriculture and Environment shall organize the evaluation of the dossier of request for issuance and certification of greenhouse gas emission mitigation outcomes and carbon credits after receiving a valid dossier. During the evaluation process, the Ministry of Agriculture and Environment shall be responsible for sending the dossier to the line ministry to seek their opinions. Within a time limit of 20 working days from the date it receives the dossier to which their opinions are sought, the line ministry shall give its written opinions on matters within its ambit of State governance. In cases where the aforementioned time limit expires but the concerned authority provides no opinions, it shall be construed as agreeing with the details of the dossier of request for issuance and certification of greenhouse gas emission mitigation outcomes and carbon credits.

4. Within a time limit of 25 working days from the date it receives a valid dossier, the Ministry of Agriculture and Environment shall send a written notice, made using Form No. 08 provided in Appendix II to this Decree, to the representative organization and record the quantity of issued and certified greenhouse gas emission mitigation outcomes and carbon credits into the account of the authorities and organizations involved in the implementation of the project on the National Registry System; in cases of non-issuance or non-certification, the reasons must be clearly stated.

Article 13. Authorization of the international transfer of greenhouse gas emission mitigation outcomes and carbon credits from Article 6.2 projects

1. If the authorities and organizations involved in the implementation of the project wish to internationally transfer greenhouse gas emission mitigation outcomes and carbon credits from the project, with corresponding adjustments involved (hereinafter referred to as international transfer involving corresponding adjustments), the representative organization shall submit a written request for authorization of the international transfer of greenhouse gas emission mitigation outcomes and carbon credits, made using Form No. 09 provided in Appendix II to this Decree, via one of the following methods: direct submission or via postal service to the Ministry of Agriculture and Environment, or online via the National Public Service Portal or the national electronic identification application.

2. The Ministry of Agriculture and Environment shall review and issue the letter of authorization for international transfer with corresponding adjustments. During the review process, the Ministry of Agriculture and Environment shall be responsible for seeking written opinions from the line ministry and concerned authorities and organizations. Within a time limit of 20 working days from the date they receive the dossier to which their opinions are sought, the concerned authorities and organizations shall give their written opinions on matters within their ambit of State governance. In cases where the aforementioned time limit expires but the concerned authority or organization provides no opinions, it shall be construed as agreeing with the request for authorization of the international transfer involving corresponding adjustments.

Within a time limit of 25 working days from the date it receives the request for authorization of the international transfer involving corresponding adjustments, the Ministry of Agriculture and Environment shall issue the letter of authorization for international transfer, made using Form No. 10 provided in Appendix II to this Decree, to the authority or organization that submitted the request. In cases where it is not approved, the reasons must be clearly stated.

3. In cases of international transfer of greenhouse gas emission mitigation outcomes and carbon credits without corresponding adjustments, the representative organization shall send a notice, made using Form No. 12 provided in Appendix II to this Decree, to the Ministry of Agriculture and Environment within a time limit of 15 working days from the date the international transfer is completed.

Article 14. Revocation of letters of approval for registration of Article 6.2 projects

1. The Ministry of Agriculture and Environment shall revoke a letter of approval for project registration in the following cases:

a) The activities of the program or project are terminated by a decision of the state regulatory authority in charge of investment management or by a judgment or ruling of a Court;

b) Other cases as prescribed by the law regulations regulations or by the Article 6.2 Agreement.

2. Within a time limit of 05 working days from the date the approval for project registration is revoked, the Ministry of Agriculture and Environment shall be responsible for publicly disclosing it on the National Registry System.

3. The revocation of a letter of approval for project registration does not affect the validity of the greenhouse gas emission mitigation outcomes and carbon credits that were authorized for international transfer before the letter of approval is revoked.

Article 15. International transfer of greenhouse gas emission mitigation outcomes and carbon credits to Vietnam under Article 6.2 Agreements

1. If it wishes to use international greenhouse gas emission mitigation outcomes and carbon credits to achieve greenhouse gas emission mitigation targets under an international treaty or international commitment within its scope of management, the line ministry shall submit a written proposal to the Ministry of Agriculture and Environment for consolidation.

2. The written proposal to purchase greenhouse gas emission mitigation outcomes and carbon credits for Vietnam shall include the following information:

a) The international partner that transfers the greenhouse gas emission mitigation outcomes and carbon credits;

b) The quantity and type of greenhouse gas emission mitigation outcomes and carbon credits;

c) The authority or organization in Vietnam that intends to purchase greenhouse gas emission mitigation outcomes and carbon credits.

3. Based on the proposals of line ministries, the Ministry of Agriculture and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs, line ministries, and concerned authorities in, negotiating and signing Article 6.2 Agreements with international partners.

4. The authority or organization in Vietnam purchasing greenhouse gas emission mitigation outcomes and carbon credits shall comply with the Article 6.2 Agreement signed between Vietnam and the international partner. Within a time limit of 15 working days from the date it receives the letter of authorization for international transfer from the international partner, the authority or organization in Vietnam shall submit a written notice on the completion of the purchase of greenhouse gas emission mitigation outcomes and carbon credits, made using Form No. 11 provided in Appendix II to this Decree, to the Ministry of Agriculture and Environment. The written notice must be accompanied by the letter of authorization for international transfer from the international partner and a Vietnamese translation which shall have the seal of the authority or organization stamped across the adjoining edges of its pages (dấu giáp lai).

5. The Ministry of Agriculture and Environment shall record the quantity of greenhouse gas emission mitigation outcomes and carbon credits purchased for Vietnam on the National Registry System and execute corresponding adjustments in accordance with the Paris Agreement.

 

Chapter III

INTERNATIONAL TRANSFER OF CARBON CREDITS FROM PROGRAMS AND PROJECTS UNDER THE ARTICLE 6.4 MECHANISM

 

Article 16. Registration of programs and projects under the Article 6.4 Mechanism

1. Programs and projects under the Article 6.4 Mechanism (hereinafter referred to as Article 6.4 programs and projects) shall be registered in accordance with the provisions and guidelines of the Paris Agreement.

2. Any authority or organization wishing to register a program or project shall submit 01 dossier of request for program or project registration via one of the following methods: direct submission or via postal service to the Ministry of Agriculture and Environment, or online via the National Public Service Portal or the national electronic identification application.

3. The dossier of request for approval of program or project registration shall comprise:

a) A written request for approval of program or project registration, made using Form No. 03 provided in Appendix II to this Decree, which includes information on the organization representing the authorities and organizations involved in the implementation of the project (hereinafter referred to as the representative organization);

b) The design documentation of the program or project, as prescribed by the Article 6.4 Mechanism;

c) The report on validation and verification of the program or project as prescribed by the Article 6.4 Mechanism.

Within a time limit of 02 working days from the date it receives the dossier of request for approval of program or project registration, the Ministry of Agriculture and Environment shall send a written notice to the authority or organization that submitted the dossier in one of the following cases: it accepts the valid dossier; or it requests the supplementation and completion of the dossier if the dossier is invalid. The time limit for supplementation and completion of a dossier is 15 working days from the date it receives a notice requesting such supplementation and completion.

4. The Ministry of Agriculture and Environment shall organize the evaluation of the dossier of request for approval of program or project registration regarding the following: the additionality and sustainability of the project, the conformity of the carbon credit generating period with the achievement of greenhouse gas emission mitigation targets in Vietnam's NDC, and the project's contribution to achieving the greenhouse gas emission mitigation targets in Vietnam's NDC. During the evaluation process, the Ministry of Agriculture and Environment shall be responsible for sending the dossier to the line ministry and concerned authorities and organizations to seek their opinions.

Within a time limit of 30 days from the date they receive the dossier to which their opinions are sought, the concerned authorities and organizations shall give their written opinions on matters within their ambit of State governance. The line ministry shall be responsible for providing opinions on the project’s conformity with the development strategies, plans, and master plans of the sector and field, and the greenhouse gas emission mitigation measures of the field in Vietnam's NDC. In cases where the aforementioned time limit expires but the concerned authority or organization provides no opinions, it shall be construed as agreeing with the details of the dossier of request for approval of project registration.

5. Within a time limit of 45 days from the date it receives a valid dossier, the Ministry of Agriculture and Environment shall send a written notice of the evaluation results, made using Form No. 04 provided in Appendix II to this Decree, to the authority or organization that submitted the dossier and UNFCCC Secretariat. In cases where it is not approved, the reasons must be clearly stated.

6. After the program or project is approved for registration by the Supervisory Body of the Article 6.4 Mechanism, the representative organization shall send a report on the implementation status of the program or project, made using Form No. 13 provided in Appendix II to this Decree, to the Ministry of Agriculture and Environment before December 31 annually.

7. In cases where the authorities and organizations involved in the implementation of the program or project wish to cancel the registration of the program or project, the representative organization shall carry out the procedures to cancel the registration of the program or project in accordance with the provisions and guidelines of the Paris Agreement. The authorities and organizations shall be responsible for fulfilling their committed obligations and ensuring no liabilities arise for the Socialist Republic of Vietnam after the cancellation of registration.

Article 17. Modification of activities and change of authorities and organizations involved in the implementation of Article 6.4 programs and projects

1. The activities of a program or project may be modified in accordance with the provisions and guidelines of the Paris Agreement.

2. If the authorities and organizations involved in the implementation of the program or project wish to modify the program or project activities after the program or project registration dossier has been approved, the representative organization shall submit 01 dossier of request via one of the following methods: direct submission or via postal service to the Ministry of Agriculture and Environment, or online via the National Public Service Portal or the national electronic identification application.

3. Such a dossier shall comprise:

a) A request for modification of the program or project, made using Form No. 05 provided in Appendix II to this Decree;

b) The design documentation of the modified program or project;

c) The report on validation and verification of the modified program or project;

d) Copies of licenses and documents related to the modification of the professional activities of the program or project as prescribed by the law regulations.

In cases where the relevant documents prescribed at Point b, Point c, Point d, Clause 3 of this Article are in a foreign language, a Vietnamese translation, which shall have the seal of the authority or organization submitting the dossier stamped across the adjoining edges of its pages (dấu giáp lai), must be enclosed. The authority or organization that submits a dossier shall take legal accountability for the precision and accuracy of the translation.

Within a time limit of 02 working days from the date it receives the dossier of request for modification of the program or project activities, the Ministry of Agriculture and Environment shall send a written notice to the representative organization in one of the following cases: it accepts the valid dossier; or it requests the supplementation and completion of the dossier if the dossier is invalid. The time limit for supplementation and completion of a dossier is 15 working days from the date it receives a notice requesting such supplementation and completion.

4. The Ministry of Agriculture and Environment shall organize the evaluation of the dossier of request for modification of the program or project activities according to the proposed modifications. During the evaluation process, the Ministry of Agriculture and Environment shall be responsible for sending the dossier of request for modification of the project activities to the line ministry and concerned authorities and organizations to seek their opinions. Within a time limit of 15 working days from the date they receive the dossier to which their opinions are sought, the line ministry and the concerned authorities and organizations shall give their written opinions on matters within their ambit of State governance. In cases where the aforementioned time limit expires but the concerned authority or organization provides no opinions, it shall be construed as agreeing with the details of the dossier of request for modification of the program or project activities.

5. Within a time limit of 25 working days from the date it receives a valid dossier, the Ministry of Agriculture and Environment shall send a written notice of the evaluation results, made using Form No. 06 provided in Appendix II to this Decree, to the representative organization and the UNFCCC Secretariat. In cases where it is not approved, the reasons must be clearly stated.

6. In cases where the authorities and organizations involved in the implementation of the program or project wish to change the participating parties to the program or project after the program or project registration dossier has been approved, the representative organization shall submit 01 dossier of request via one of the following methods: direct submission or via postal service to the Ministry of Agriculture and Environment, or online via the National Public Service Portal or the national electronic identification application.

7. Such a dossier shall comprise:

a) A request for modification of the program or project, made using Form No. 05 provided in Appendix II to this Decree;

b) A written notice of the termination of involvement in the implementation of the program or project from the authority or organization (if any).

In cases where this written notice is in a foreign language, a Vietnamese translation, which shall have the seal of the authority or organization submitting the dossier stamped across the adjoining edges of its pages (dấu giáp lai), must be enclosed. The authority or organization that submits a dossier shall take legal accountability for the precision and accuracy of the translation.

Within a time limit of 02 working days from the date it receives the dossier of request for change of the authorities and organizations involved in the implementation of the program or project, the Ministry of Agriculture and Environment shall send a written notice to the representative organization in one of the following cases: it accepts the valid dossier; or it requests the supplementation and completion of the dossier if the dossier is invalid. The time limit for supplementation and completion of a dossier is 15 working days from the date it receives a notice requesting such supplementation and completion.

8. The Ministry of Agriculture and Environment shall organize the inspection and review of the dossier of request for change of the authorities and organizations involved in the implementation of the program or project after it receives a valid dossier. During the inspection and review process, the Ministry of Agriculture and Environment shall be responsible for sending the dossier of request for change of the authorities and organizations involved in the implementation of the project to the concerned authorities and organizations to seek their opinions. Within a time limit of 15 working days from the date they receive the dossier to which their opinions are sought, the concerned authorities and organizations shall give their written opinions on matters within their ambit of State governance. In cases where the aforementioned time limit expires but the concerned authority or organization provides no opinions, it shall be construed as agreeing with the details of the dossier of request for change of the authorities and organizations involved in the implementation of the program or project.

9. Within a time limit of 25 working days from the date it receives a valid dossier, the Ministry of Agriculture and Environment shall consider and decide to approve the change as well as send a written notice, made using Form No. 06 provided in Appendix II to this Decree, to the representative organization and the UNFCCC Secretariat. In cases where it is not approved, the reasons must be clearly stated.

Article 18. Issuance of carbon credits for Article 6.4 programs and projects

1. The carbon credits may be issued for a program or project in accordance with the provisions and guidelines of the Paris Agreement.

2. After the carbon credits from the program or project are issued by the Supervisory Body of the Article 6.4 Mechanism, the Ministry of Agriculture and Environment shall review and issue the letter of authorization for international transfer as prescribed in Article 19 of this Decree.

Article 19. Authorization of the international transfer of carbon credits from Article 6.4 programs and projects

1. If the authorities and organizations involved in the implementation of the program or project wish to internationally transfer carbon credits from the program or project, with corresponding adjustments involved, the representative organization shall submit 01 dossier of request for authorization of the international transfer of carbon credits involving corresponding adjustments via one of the following methods: direct submission or via postal service to the Ministry of Agriculture and Environment, or online via the National Public Service Portal or the national electronic identification application.

2. Such a dossier shall comprise:

a) A written request for authorization of the international transfer of carbon credits, made using Form No. 09 provided in Appendix II to this Decree;

b) The report on validation and verification of the greenhouse gas emission mitigation outcomes of the program or project;

c) The letter of authorization for international transfer of the receiving international partner (if any).

In cases where the relevant documents prescribed at Point b and Point c, Clause 2 of this Article are in a foreign language, a Vietnamese translation, which shall have the seal of the authority or organization submitting the dossier stamped across the adjoining edges of its pages (dấu giáp lai), must be enclosed. The authority or organization that submits a dossier shall take legal accountability for the precision and accuracy of the translation.

Within a time limit of 02 working days from the date it receives the dossier of request for the authorization for the international transfer of carbon credits from the program or project, the Ministry of Agriculture and Environment shall send a written notice to the representative organization in one of the following cases: it accepts the valid dossier; or it requests the supplementation and completion of the dossier if the dossier is invalid. The time limit for supplementation and completion of a dossier is 15 working days from the date it receives a notice requesting such supplementation and completion.

3. The international transfer of carbon credits from programs and projects under the Article 6.4 Mechanism may be authorized following the order and procedures prescribed in Article 13 of this Decree.

4. In cases of international transfer of carbon credits without corresponding adjustments, the representative organization shall send a notice, made using Form No. 12 provided in Appendix II to this Decree, to the Ministry of Agriculture and Environment within a time limit of 15 working days from the date the international transfer is completed.

Article 20. Revocation of letters of approval for registration of Article 6.4 programs and projects

1. The Ministry of Agriculture and Environment shall revoke a letter of approval for program or project registration in the following cases:

a) The Investment Registration Certificate of the program or project expires;

b) The activities of the program or project are terminated by a decision of the state regulatory authority in charge of investment management or by a judgment or ruling of a Court;

c) Within a time limit of 12 months from the date the program or project is approved for registration by the Supervisory Body of the Article 6.4 Mechanism, the representative organization fails to send periodic reports as prescribed in Clause 6, Article 16 of this Decree.

2. Prior to the revocation of the letter of approval for program or project registration in the cases prescribed in Clause 1 of this Article, the Ministry of Agriculture and Environment shall be responsible for sending a written notice to the authorities and organizations involved in the implementation of the program or project. After 60 days from the date it sends the notice to the authorities and organizations involved in the implementation of the program or project, the Ministry of Agriculture and Environment shall notify the UNFCCC Secretariat to cancel the program or project registration.

3. The revocation of a letter of approval for program or project registration does not affect the validity of the carbon credits that were authorized for international transfer before the letter of approval is revoked.

Article 21. International transfer of carbon credits from Article 6.4 programs and projects to Vietnam

1. Carbon credits from a program or project may only be internationally transferred to authorities and organizations in Vietnam that are participating parties to the program or project in the host country. Authorities and organizations in Vietnam, when executing the international transfer of carbon credits from the program or project to Vietnam, shall comply with the law regulations of the host country.

2. Within a time limit of 15 working days from the date it receives the letter of authorization for international transfer from the host country, the authority or organization in Vietnam shall submit a written notice, made using Form No. 11 provided in Appendix II to this Decree, to the Ministry of Agriculture and Environment. The written notice must be accompanied by the letter of authorization for international transfer from the host country and a Vietnamese translation which shall have the seal of the authority or organization stamped across the adjoining edges of its pages (dấu giáp lai).

3. The Ministry of Agriculture and Environment shall record the carbon credits transferred to Vietnam on the National Registry System and execute corresponding adjustments in accordance with the Paris Agreement.

 

Chapter IV

INTERNATIONAL TRANSFER OF GREENHOUSE GAS EMISSION MITIGATION OUTCOMES AND CARBON CREDITS FROM PROGRAMS AND PROJECTS UNDER INDEPENDENT CARBON STANDARDS

 

Article 22. Certification of carbon credit generation methodologies under independent carbon standards

1. An independent carbon standard whose carbon credit generation methodologies are considered for certification must meet at least the following conditions:

a) It has a transparent and internationally certified management system for the development, validation, monitoring of projects, and issuance of carbon credits;

b) It applies clear carbon credit generation methodologies, ensuring additionality, sustainability, quantification, verifiability, and no double counting;

c) It has a mechanism for disclosing information and receiving feedback from relevant stakeholders;

d) It has a mechanism for connecting and sharing information and data, and technical cooperation with the competent authorities of Vietnam.

2. The list of carbon credit generation methodologies for international transfer involving corresponding adjustments under independent carbon standards applicable in Vietnam includes:

a) Carbon credit generation methodologies under the carbon standards applied in the Article 6.2 Agreements signed between Vietnam and international partners;

b) Carbon credit generation methodologies under the independent carbon standards proposed by the line ministries.

3. The line ministries shall be responsible for reviewing and summarizing carbon credit generation methodologies under independent carbon standards that are suitable for the list provided in Appendix I to this Decree within their scope of management, and sending them to the Ministry of Agriculture and Environment to formulate the list of carbon credit generation methodologies for international transfer involving corresponding adjustments under independent carbon standards applicable in Vietnam.

4. The Ministry of Agriculture and Environment shall be responsible for publicly disclosing and updating the list of carbon credit generation methodologies for international transfer involving corresponding adjustments under independent carbon standards applicable in Vietnam on its web portal.

Article 23. Registration of programs and projects under independent carbon standards

1. Programs and projects under independent carbon standards may be registered in accordance with the provisions and guidelines of the independent carbon standard managing organization. Within a time limit of 15 working days from the date it receives the notice of registration approval from the independent carbon standard managing organization, the representative organization shall be responsible for submitting a written report on the successful registration of the project to the line ministry and the Ministry of Agriculture and Environment.

2. In cases where the activities of the program or project under the independent carbon standard are modified, the participating parties to such program or project are changed, or its registration is canceled, the representative organization shall comply with the provisions and guidelines of the independent carbon standard managing organization and be responsible for submitting a written report on the changes, enclosed with the letter of approval from the independent carbon standard managing organization, to the line ministry and the Ministry of Agriculture and Environment.

3. After the program or project under the independent carbon standard is registered, the representative organization shall send a report on the implementation status of such program or project, made using Form No. 14 provided in Appendix II to this Decree, to the line ministry and the Ministry of Agriculture and Environment before December 31 annually.

4. The Ministry of Agriculture and Environment shall request the independent carbon standard managing organization to cancel the registration of the program or project under the independent carbon standard in the following cases:

a) The Investment Registration Certificate of the program or project expires;

b) The activities of the program or project are terminated by a decision of the state regulatory authority in charge of investment management or by a judgment or ruling of a Court;

c) The representative organization fails to fulfill the periodic reporting obligations as prescribed in Clause 3 of this Article within a time limit of 12 months from the date the program or project is registered.

5. Before it requests the independent carbon standard managing organization to cancel the registration of the program or project under the independent carbon standard, the Ministry of Agriculture and Environment shall send a written notice to the authorities and organizations involved in the implementation of the program or project and the line ministry. After 60 days from the date such notice is sent, the Ministry of Agriculture and Environment shall publicly disclose information regarding the cancellation of the program or project registration on the National Registry System and notify the independent carbon standard managing organization to cancel the registration.

Article 24. Issuance of carbon credits for programs and projects under independent carbon standards

1. Carbon credits may be issued for programs and projects under independent carbon standards in accordance with the provisions and guidelines of the independent carbon standard managing organization.

2. After the carbon credits from the program or project under the independent carbon standard are issued, the representative organization shall send a notice to the line ministry and the Ministry of Agriculture and Environment.

Article 25. Authorization of the international transfer of greenhouse gas emission mitigation outcomes and carbon credits from Article 6.2 projects

1. If the authorities and organizations involved in the implementation of the independent carbon standard program or project wish to internationally transfer greenhouse gas emission mitigation outcomes and carbon credits from the independent carbon standard program or project, with corresponding adjustments involved, the representative organization shall submit 01 dossier of request for authorization of the international transfer of greenhouse gas emission mitigation outcomes and carbon credits involving corresponding adjustments via one of the following methods: direct submission or via postal service to the Ministry of Agriculture and Environment, or online via the National Public Service Portal or the national electronic identification application.

2. Such a dossier shall comprise:

a) A request for authorization of the international transfer of greenhouse gas emission mitigation outcomes and carbon credits, made using Form No. 09 provided in Appendix II to this Decree;

b) The report on validation and verification of the greenhouse gas emission mitigation outcomes of the program or project;

c) The letter of authorization for international transfer of the receiving international partner (if any).

In cases where the relevant documents prescribed at Point b and Point c, Clause 2 of this Article are in a foreign language, a Vietnamese translation, which shall have the seal of the authority or organization submitting the dossier stamped across the adjoining edges of its pages (dấu giáp lai), must be enclosed. The authority or organization that submits a dossier shall take legal accountability for the precision and accuracy of the translation.

Within a time limit of 02 working days from the date it receives the dossier of request for the authorization for the international transfer of greenhouse gas emission mitigation outcomes and carbon credits from the program or project under the independent carbon standard, the Ministry of Agriculture and Environment shall send a written notice to the representative organization in one of the following cases: it accepts the valid dossier; or it requests the supplementation and completion of the dossier if the dossier is invalid. The time limit for supplementation and completion of a dossier is 15 working days from the date it receives a notice requesting such supplementation and completion.

3. The international transfer of greenhouse gas emission mitigation outcomes and carbon credits from programs and projects under independent carbon standards may be authorized following the order and procedures prescribed in Article 13 of this Decree.

4. In cases of international transfer of greenhouse gas emission mitigation outcomes and carbon credits without corresponding adjustments, the representative organization shall send a notice, made using Form No. 12 provided in Appendix II to this Decree, to the Ministry of Agriculture and Environment within a time limit of 15 working days from the date the international transfer is completed.

5. The Ministry of Agriculture and Environment shall only consider and authorize the international transfer of greenhouse gas emission mitigation outcomes and carbon credits involving corresponding adjustments for programs and projects under independent carbon standards that apply carbon credit generation methodologies in the list prescribed in Clause 2, Article 22 of this Decree.

Article 26. International transfer of carbon credits from programs and projects under independent carbon standards to Vietnam

1. Carbon credits from a program or project under an independent carbon standard may only be internationally transferred to authorities and organizations in Vietnam that are participating parties to the program or project under the independent carbon standard in another country. Authorities and organizations in Vietnam, when executing the international transfer of carbon credits from the program or project under the independent carbon standard to Vietnam, shall comply with the law regulations of the host country.

2. Within a time limit of 15 working days from the date it receives the letter of authorization for international transfer from the host country, the authority or organization in Vietnam shall submit a written notice, made using Form No. 11 provided in Appendix II to this Decree, to the Ministry of Agriculture and Environment. The written notice must be accompanied by the letter of authorization for international transfer from the host country and a Vietnamese translation which shall have the seal of the authority or organization stamped across the adjoining edges of its pages (dấu giáp lai).

3. The Ministry of Agriculture and Environment shall record the carbon credits transferred to Vietnam on the National Registry System and execute corresponding adjustments in accordance with the Paris Agreement.

 

Chapter V

INTERNATIONAL TRANSFER OF GREENHOUSE GAS EMISSION MITIGATION OUTCOMES AND CARBON CREDITS TO ACHIEVE GREENHOUSE GAS EMISSION MITIGATION TARGETS UNDER INTERNATIONAL TREATIES AND INTERNATIONAL COMMITMENTS

 

Article 27. Greenhouse gas emission mitigation outcomes and carbon credits transferred to achieve greenhouse gas emission mitigation targets under international treaties and international commitments

1. Greenhouse gas emission mitigation outcomes and carbon credits transferred to achieve greenhouse gas emission mitigation targets under international treaties and international commitments include:

a) Carbon credits from Article 6.4 programs and projects;

b) Greenhouse gas emission mitigation outcomes and carbon credits from programs and projects under independent carbon standards certified by the international treaties and international commitments.

2. The authority assuming the prime responsibility for implementing the international treaty or international commitments shall be responsible for updating the list of independent carbon standards certified by the international treaty or international commitments, and publicly disclosing it on the web portal of such authority.

Article 28. Authorization of international transfer of greenhouse gas emission mitigation outcomes and carbon credits to achieve greenhouse gas emission mitigation targets under international treaties and international commitments

1. If the authorities and organizations, which are involved in the implementation of the program or project to generate greenhouse gas emission mitigation outcomes or carbon credits as prescribed at Point a and Point b, Clause 1, Article 27 of this Decree, wish to internationally transfer greenhouse gas emission mitigation outcomes and carbon credits involving corresponding adjustments to achieve greenhouse gas emission mitigation targets under international treaties and international commitments, the representative organization shall submit 01 dossier of request for authorization of the international transfer of greenhouse gas emission mitigation outcomes and carbon credits involving corresponding adjustments via one of the following methods: direct submission or via postal service to the Ministry of Agriculture and Environment, or online via the National Public Service Portal or the national electronic identification application.

2. Such a dossier shall comprise:

a) A request for authorization of the international transfer of greenhouse gas emission mitigation outcomes and carbon credits, made using Form No. 09 provided in Appendix II to this Decree;

b) The report on validation and verification of the greenhouse gas emission mitigation outcomes of the program or project.

In cases where the validation and verification report is in a foreign language, a Vietnamese translation, which shall have the seal of the authority or organization submitting the dossier stamped across the adjoining edges of its pages (dấu giáp lai), must be enclosed. The authority or organization that submits a dossier shall take legal accountability for the precision and accuracy of the translation.

Within a time limit of 02 working days from the date it receives the dossier of request for the authorization for the international transfer of greenhouse gas emission mitigation outcomes and carbon credits to achieve greenhouse gas emission mitigation targets under the international treaty or international commitments, the Ministry of Agriculture and Environment shall send a written notice to the representative organization in one of the following cases: it accepts the valid dossier; or it requests the supplementation and completion of the dossier if the dossier is invalid. The time limit for supplementation and completion of a dossier is 15 working days from the date it receives a notice requesting such supplementation and completion.

3. The Ministry of Agriculture and Environment shall review and issue the letter of authorization for international transfer with corresponding adjustments. During the review process, the Ministry of Agriculture and Environment shall be responsible for seeking written opinions from the line ministry, the authority assuming the prime responsibility for implementing the international treaty, and concerned authorities and organizations. Within a time limit of 10 working days from the date they receive the dossier to which their opinions are sought, the concerned authorities and organizations shall give their written opinions on matters within their ambit of State governance. In cases where the aforementioned time limit expires but the concerned authority or organization provides no opinions, it shall be construed as agreeing with the dossier of request for authorization of the international transfer involving corresponding adjustments.

Within a time limit of 15 working days from the date it receives the dossier of request for authorization of the international transfer involving corresponding adjustments, the Ministry of Agriculture and Environment shall issue the letter of authorization for international transfer, made using Form No. 10 provided in Appendix II to this Decree, to the authority or organization that submitted the dossier of request, the transferee, and the authority assuming the prime responsibility for implementing the international treaty or international commitment. In cases where it is not approved, the reasons must be clearly stated.

4. The provisions in this Article only apply to cases where the receiving party is an authority or organization in Vietnam that has an obligation to comply with and achieve the greenhouse gas emission mitigation targets under international treaties and international commitments.

Article 29. International transfer of greenhouse gas emission mitigation outcomes and carbon credits to Vietnam to achieve greenhouse gas emission mitigation targets under international treaties and international commitments

1. Authorities and organizations in Vietnam that are obligated to achieve greenhouse gas emission mitigation targets under international treaties and international commitments are permitted to purchase greenhouse gas emission mitigation outcomes and carbon credits as prescribed at Point a and Point b, Clause 1, Article 27 of this Decree from programs and projects implemented in other countries and transfer them to Vietnam to achieve the greenhouse gas emission mitigation targets under international treaties and international commitments.

2. Within a time limit of 15 working days from the date it receives the letter of authorization for international transfer from the host country, the authority or organization in Vietnam shall submit a written notice, made using Form No. 11 provided in Appendix II to this Decree, to the Ministry of Agriculture and Environment. The written notice must be accompanied by the letter of authorization for international transfer from the host country and a Vietnamese translation which shall have the seal of the authority or organization stamped across the adjoining edges of its pages (dấu giáp lai).

3. The Ministry of Agriculture and Environment shall record the greenhouse gas emission mitigation outcomes and carbon credits transferred to Vietnam on the National Registry System and execute corresponding adjustments in accordance with the Paris Agreement.

 

Chapter VI

IMPLEMENTATION ORGANIZATION AND PROVISIONS

 

Article 30. Responsibilities of ministries

In addition to the responsibilities prescribed in this Decree and other relevant legal documents, the Ministries of Agriculture and Environment, Industry and Trade, Construction, and Finance hold the following responsibilities:

1. The Ministry of Agriculture and Environment shall uniformly govern the activities of international transfer of greenhouse gas emission mitigation outcomes and carbon credits; and assume the prime responsibility for tracking the implementation of this Decree.

2. The Ministry of Agriculture and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade, the Ministry of Construction, the Ministry of Public Security, and the provincial-level People's Committees in, inspecting the compliance with the law regulations on the international transfer of greenhouse gas emission mitigation outcomes and carbon credits.

3. The Ministry of Industry and Trade and the Ministry of Construction shall be responsible for coordinating and providing specialized and technical opinions on matters related to their assigned functions and tasks during the implementation of this Decree.

4. The Ministry of Finance shall be responsible for formulating financial regulations related to the transfer of greenhouse gas emission mitigation outcomes and carbon credits.

Article 31. Provincial-level People’s Committees shall:

1. Provide information and data related to programs and projects involved in the international transfer of greenhouse gas emission mitigation outcomes and carbon credits within their ambit of management upon the request of competent state authorities.

2. Coordinate with the Ministry of Agriculture and Environment, the Ministry of Industry and Trade, and the Ministry of Construction in inspecting the activities of international transfer of greenhouse gas emission mitigation outcomes and carbon credits within their ambit of management.

3. Direct provincial-level Departments, boards, and sectoral authorities to disseminate information and provide guidance to citizens and enterprises on the international transfer of greenhouse gas emission mitigation outcomes and carbon credits within their ambit of management.

4. Organize the monitoring and inspection, within their competence, of the implementation of programs and projects involved in the international transfer of greenhouse gas emission mitigation outcomes and carbon credits within their ambit of management.

Article 32. Effect

1. This Decree takes effect from May 19, 2026.

2. To annul Clause 2, Clause 4, Clause 5, and Clause 6, Article 20a of the Government’s Decree No. 06/2022/ND-CP dated January 07, 2022 prescribing the greenhouse gas emission mitigation and the protection of the ozone layer, which is amended and supplemented by Decree No. 119/2025/ND-CP dated June 09, 2025.

3. Ministers, Heads of ministerial-level agencies, Chairpersons of the People’s Committees of provinces, related authorities, organizations, and individuals shall be responsible for the implementation of this Decree.

 

 

ON BEHALF OF THE GOVERNMENT

FOR THE PRIME MINISTER

DEPUTY PRIME MINISTER

 

 

Tran Hong Ha

 

Appendix I

LIST OF GREENHOUSE GAS EMISSION MITIGATION MEASURES AND ACTIVITIES FOR INTERNATIONAL TRANSFER SUBJECT TO CORRESPONDING ADJUSTMENTS

(Attached to the Government’s Decree No. 112/2026/ND-CP dated April 01, 2026)

 

List No. 01

List of greenhouse gas emission mitigation measures and activities prioritized for international transfer subject to corresponding adjustments

List No. 02

List of greenhouse gas emission mitigation measures and activities encouraged for international transfer subject to corresponding adjustments

 

 

List No. 01

LIST OF GREENHOUSE GAS EMISSION MITIGATION MEASURES AND ACTIVITIES PRIORITIZED FOR INTERNATIONAL TRANSFER SUBJECT TO CORRESPONDING ADJUSTMENTS

 

No.

Greenhouse gas emission mitigation fields, measures and activities

I

Energy

1.

Geothermal power

2.

Offshore wind power

3.

Off-grid solar power, less than 15MW, supplying power to socio-economically disadvantaged areas or extremely socio-economically disadvantaged areas

4.

Wave and tidal energy; production of green hydrogen, green ammonia, and biomethane

5.

Energy Storage Systems (ESS) using advanced technology and techniques

6.

Application of Best Available Techniques (BAT) to improve energy efficiency, replace or save fuel

II

Energy (Transport)

1.

Conversion to vehicles using green energy and clean energy

2.

Shift from high-emission transport modes to low-emission transport modes

3.

Electric vehicle charging stations

III

Industrial processes

1.

Application of carbon capture, utilization and storage (CCUS) technology or carbon capture and storage (CCS) technology in industrial processes, production of building materials, and energy

2.

Direct air capture of CO2

3.

Application of Best Available Techniques (BAT) for greenhouse gas emission mitigation in industrial processes and production of building materials

4.

Switching to refrigerants in cooling and air conditioning with a lower Global Warming Potential (GWP) than the level prescribed in the Government's roadmap

VI

Management of wastes and wastewater

1.

Solid waste treatment by incineration method (with power generation)

2.

Landfill gas recovery and utilization

3.

Conversion from anaerobic septic tanks to aerobic technology in decentralized domestic wastewater treatment systems

4.

Conversion and application of aerobic technology in domestic wastewater treatment systems

5.

Recycling and destruction of HFCs, HCFCs, and SF6 with high GWP

VII

Agriculture and livestock farming

1.

Modernization of irrigation and fertilization for perennial crops

2.

Circulation of cultivation waste

3.

Alternate wetting and drying and improved rice farming systems in areas with inadequate infrastructure

4.

Application of microbiological technology to improve rice farming systems

5.

Biogas and biochar from rice straw and agricultural by-products

6.

Improvement of dietary rations for cattle and buffaloes

7.

Biofuel production

 

 

List No. 02

LIST OF GREENHOUSE GAS EMISSION MITIGATION MEASURES AND ACTIVITIES ENCOURAGED FOR INTERNATIONAL TRANSFER SUBJECT TO CORRESPONDING ADJUSTMENTS

 

No.

Greenhouse gas emission mitigation fields, measures and activities

I

Energy

1.

Combined-cycle gas turbine thermal power using imported liquefied natural gas (LNG)

2.

Biomass power

3.

Renewable energy projects and energy efficiency projects registered under the JCM Mechanism or approved for transition from the Clean Development Mechanism (CDM) to the Article 6.4 Mechanism

4.

Nearshore wind power

II

Industrial processes

1.

Use of additives in cement production

2.

Boilers utilizing biomass fuel replacing coal/oil-fired boilers at facilities not participating in the transfer of greenhouse gas emission allowances

III

Energy (Residential, Commercial, Services)

1.

Use of high-efficiency air conditioning

2.

Use of high-efficiency cooling equipment

IV

Management of wastes and wastewater

1.

Compost production

2.

Solid waste treatment by incineration method (without power generation)

3.

Anaerobic solid waste treatment and biogas recovery

4.

Production of Refuse Derived Fuel (RDF)

5.

Conversion and application of aerobic technology in centralized industrial wastewater treatment

6.

Biogas recovery and utilization from industrial wastewater treatment systems

V

Agriculture and livestock farming

1.

Replacement of urea fertilizer with customized, slow-release, and controlled-release nitrogen fertilizers

2.

Circulation of livestock waste into organic fertilizer

3.

Application of organic fertilizers produced from collected domestic waste, livestock waste, and agricultural by-products

4.

Improvement of aquaculture technology

VI

Forestry

1.

Implementation of REDD+ for terrestrial natural forests

2.

Greenhouse gas emission mitigation and enhanced carbon sequestration for mangroves and seagrass beds

3.

Enhanced carbon sequestration through the improvement of terrestrial planted forests

4.

Enhanced carbon sequestration from agroforestry development and trees outside forests

VII

Other advanced emission mitigation measures and technologies to improve processes in greenhouse gas emission mitigation fields and activities

 

* Other Appendices are not translated herein.

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Decree 112/2026/NĐ-CP DOC (Word)

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Mau so 01. Don de nghi dang ky y tuong du an Dieu 6.2 (Word)

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Mau so 02. Ve viec chap thuan dang ky y tuong du an (Word)

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Mau so 03. Don de nghi chap thuan dang ky chuong trinh, du an (Word)

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Mau so 04. Ve viec thong bao chap thuan dang ky chuong trinh du an (Word)

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Decree 112/2026/NĐ-CP DOC (Word)

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