Decree 396/2026/ND-CP amend Decree 06/2022/ND-CP on mitigation of greenhouse gas emissions and ozone layer protection

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 06/2022/ND-CP dated January 07, 2022, providing the mitigation of greenhouse gas emissions and protection of the ozone layer, which was amended and supplemented under Decree No. 119/2025/ND-CP, Decree No. 83/2026/ND-CP and Decree No. 112/2026/ND-CP

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

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

At the proposal of Minister of Agriculture and Environment;

The Government hereby promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 06/2022/ND-CP dated January 07, 2022, providing the mitigation of greenhouse gas emissions and protection of the ozone layer, which was amended and supplemented under Decree No. 119/2025/ND-CP, Decree No. 83/2026/ND-CP and Decree No. 112/2026/ND-CP.

Article 1. To amend and supplement Clause 2, Article 18

“2. Account registration on the National Registration System

a) For facilities eligible for allocation of greenhouse gas emission allowances, agencies and organizations participating in programs or projects that are entitled to account registration under the mechanisms specified at Points a and b, Clause 1, Article 20a of this Decree, agencies and organizations participating in forest carbon projects covering forest areas within the administrative boundaries of 02 or more provincial-level administrative units, the Ministry of Agriculture and Environment shall grant accounts on the National Registration System and provide relevant information to such facilities, agencies and organizations;

b) For agencies and organizations participating in projects that are entitled to account registration under the mechanisms specified in Article 20 of this Decree, Chairpersons of provincial-level People’s Committees receiving the project registration dossiers shall grant accounts on the National Registration System and provide relevant information to such organizations after approving the project registration;

c) For agencies and organizations participating in programs or projects under the mechanisms specified at Point c, Clause 1, Article 20a of this Decree, they shall submit a dossier of application for account registration to the provincial-level Public Administrative Service Center by hand-delivery, online or by post, if the project is registered within 01 provincial-level administrative unit; or to the provincial-level Public Administrative Service Center of one of the areas where the project is implemented, if the project is registered within 02 or more provincial-level administrative units; or online via the National Public Service Portal or the National Identification Application. The dossier must comprise:

An application for account registration, made according to Form No. 01 provided in Appendix V to this Decree;

Documentation of the project or program registered under the mechanisms;

Contact method for the program or project registered under the mechanisms.

Within 5 working days after receiving the dossier, the Chairperson of the provincial-level People’s Committee receiving the dossiers shall grant the account on the National Registration System and provide relevant information to the applying agency or organization; in case of refusal, it shall state the reason;

d) The identification and verification of organizations and individuals accessing and using the National Registration System shall comply with the law on electronic identification and authentication.”

Article 2. To amend and supplement a number of clauses of Article 20

1. To amend and supplement Clauses 6, 7, 8 and 9 as follows:

“6. Registration and adjustment of registration of projects under the domestic mechanism for carbon credit exchange and offsetting

a) Agencies and organizations that apply for the registration of their projects shall select carbon credit generation methods specified in Clause 4 of this Article and send project registration dossiers to the provincial-level Public Administrative Service Center by hand-delivery, online or by post, if the project is registered within 01 provincial-level administrative unit; or to the provincial-level Public Administrative Service Center of one of the areas where the project is implemented, if the project is registered within 02 or more provincial-level administrative units; or online via the National Public Service Portal or the National Identification Application. Such a dossier must comprise:

An application, made according to Form No. 04A provided in Appendix V to this Decree; Project documentation, made according to Form No. 04B provided in Appendix V to this Decree;

Project supervision plan, made according to Form No. 04C provided in Appendix V to this Decree;

Sustainable development plan, made according to Form No. 04D provided in Appendix V to this Decree;

Contact method, made according to Form No. 04DD provided in Appendix V to this Decree;

b) Within 3 working days after receiving a dossier, the Chairperson of the provincial-level People’s Committee receiving the dossier shall notify the applicant of the dossier’s validity. In case the dossier is invalid, the applicant shall complete it within 10 working days after being notified;

c) Within one working day after receiving a valid dossier, the Chairperson of the provincial-level People’s Committee receiving the dossier shall publish the dossier on its portal for public consultation; and at the same time, send the dossier to Chairpersons of provincial-level People's Committees of the areas where the project is implemented (if any) to seek their consent to the project registration.

The period for publication and consultation shall be 22 working days. The Chairpersons of provincial-level People's Committees consulted shall provide written responses based on the project's conformity with local development master plans and plans;

d) Within 5 working days after completing the public consultation, based on the consolidated comments received through the portal and the opinions of the Chairpersons of relevant provincial-level People's Committees, the Chairperson of the provincial-level People's Committee receiving the dossier shall notify them to the applicant.

If the Chairperson of the relevant provincial-level People's Committee does not consent, the Chairperson of the provincial-level People's Committee receiving the dossier shall notify the applicant of the refusal to approve the project registration, clearly stating the reasons;

dd) Where the Chairpersons of relevant provincial-level People's Committees give their consent, the applicant shall complete the dossier in accordance with the notified opinions under Point d of this Clause and submit it to the unit specified in Clause 2 of this Article for appraisal.

Within 60 days after being notified, the applicant shall send the completed dossier of application for project registration, enclosed with the report on appraisal of project documents made according to Form No. 04E provided in Appendix V to this Decree, to the provincial-level Public Administrative Service Center that initially received the dossier;

e) Within 3 working days after receiving the validly completed dossier, the Chairperson of the provincial-level People's Committee receiving the dossier shall send the dossier to agencies and organizations involved in the project's field of operation for consultation on approval of the project registration. The consulted agencies and organizations shall give their written opinions within 7 working days after receiving the consultation dossier;

h) Within 5 working days after receiving opinions of the consulted agencies and organizations, the Chairperson of the provincial-level People's Committee receiving the dossier shall organize the evaluation of the following contents: greenhouse gas emission mitigation measure, carbon credit generation method, and parameters for the supervision of the project’s operation; and issue a decision on approval of the project registration or the project registration adjustment according to Form 04G provided in Appendix V to this Decree, then send it to the applicant, notify Chairpersons of relevant provincial-level People’s Committees (if any), and announce on the National Registration System. In case of refusal of the registration, it shall clearly state the reason;

h) Agencies and organizations that wish to adjust the scale and capacity of their registered projects shall carry out procedures for applying for project registration specified in this Clause.

7. Change of project participants

a) The owner of a registered project shall submit the application dossier for change of project participants to the provincial-level Public Administrative Service Center of the locality where the project registration is approved by hand-delivery, online or by post, if the project is registered within 01 provincial-level administrative unit; or to the provincial-level Public Administrative Service Center of one of the areas where the project is implemented, if the project is implemented within 02 or more provincial-level administrative units; or online via the National Public Service Portal or the National Identification Application. Such a dossier must comprise:

An application for change in project participants, made according to Form No. 05 provided in Appendix V to this Decree;

Additional contact method, made according to Form No. 04DD provided in Appendix V to this Decree;

b) Within 7 working days after receiving the application, the Chairperson of the provincial-level People’s Committee receiving the dossier shall make the change at the request of the project owner and announce on the National Registration System;

c) The project owner shall fulfill committed obligations toward related parties in accordance with law under the decision on change of project participants.

8. Project deregistration

a) The owner of a registered project shall submit the application dossier for the deregistration of the project to the provincial-level Public Administrative Service Center of the locality where the project registration is approved by hand-delivery, online or by post, if the project is registered within 01 provincial-level administrative unit; or to the provincial-level Public Administrative Service Center of one of the areas where the project is implemented, if the project is implemented within 02 or more provincial-level administrative units; or online via the National Public Service Portal or the National Identification Application. Such a dossier must comprise:

An application for project deregistration, made according to Form No. 06 provided in Appendix V to this Decree;

Contact method, made according to Form No. 04DD provided in Appendix V to this Decree;

b) Within 22 working days after receiving the application, the Chairperson of the provincial-level People’s Committee receiving the dossier shall carry out the project deregistration at the request of the applicant and announce on the National Registration System;

c) The project owner shall fulfill committed obligations toward related parties in accordance with law under the decision on project deregistration.

9. Grant of carbon credits under the domestic mechanism for carbon credit exchange and offsetting

a) Owners of registered projects shall send dossiers of application for grant of carbon credits to the provincial-level Public Administrative Service Center of the locality where the project registration is approved by hand-delivery, online or by post, if the project is registered within 01 provincial-level administrative unit; or to the provincial-level Public Administrative Service Center of one of the areas where the project is implemented, if the project is implemented within 02 or more provincial-level administrative units; or online via the National Public Service Portal or the National Identification Application. A dossier must comprise:

An application for grant of carbon credits under the domestic mechanism for carbon credit exchange and offsetting, made according to Form No. 07A provided in Appendix V to this Decree;

A project supervision report, made according to Form No. 07B provided in Appendix V to this Decree;

A project appraisal result report, made according to Form No. 07C provided in Appendix V to this Decree, by the appraising unit specified in Clause 2 of this Article;

A sustainable development report, made according to Form No. 04D provided in Appendix V to this Decree;

b) Within 3 working days after receiving a dossier, the Chairperson of the provincial-level People’s Committee receiving the dossier shall notify the applicant of the dossier’s validity. In case the dossier is invalid, the applicant shall complete it within 03 working days after being notified.

After 10 working days from the date of receiving a notice, if the applicant fails to send the dossier completed according to the notice, it shall carry out procedures for submitting the dossier as for the first time;

c) Within 3 working days after receiving the valid dossier, the Chairperson of the provincial-level People’s Committee receiving the dossier shall send it to Chairpersons of provincial-level People’s Committees of areas where the project is implemented (if any), and agencies and organizations involved in the project's field of operation for collecting opinions on the grant of carbon credits for the project. The consulted agencies and organizations shall give their written opinions within 10 working days after receiving the consultation dossier;

d) Within 10 working days after receiving opinions from Chairpersons of provincial-level People’s Committees of areas where the project is implemented (if any) and related agencies and organizations, the Chairperson of the provincial-level People’s Committee receiving the dossier shall decide to grant carbon credits and notify such to the applicant and Chairpersons of relevant provincial-level People’s Committees, and make announcement on the National Registration System; in case of refusal to grant carbon credits, it shall clearly state the reason.”.

2. To add Clause 10 after Clause 9 as follows:

“10. Procedures for Registration, adjustment, or cancellation of registration of forest carbon projects and grant of forest carbon credits under the domestic mechanism for carbon credit exchange and offsetting shall comply with the Government's Decree No. 180/2026/ND-CP dated May 21, 2026, on forest carbon sequestration and storage services.”.

Article 3. To repeal and replace a number of clauses of Article 20a, and forms in Appendix V

1. To repeal Clause 3, Article 20a.

2. To repeal and replace a number of forms in Appendix V as follows:

a) To replace Form No. 01;

b) To replace Form No. 04A;

c) To replace Form No. 04G;

d) To replace Form No. 05;

dd) To replace Form No. 06;

e) To replace Form No. 07A;

g) To repeal Form No. 11;

h) To repeal Form No. 12.

Article 4. Implementation provisions

1. This Decree takes effect from December 12, 2026.

2. Ministers, heads of ministerial-level agencies, chairpersons of provincial-level People’s Committees, and related agencies, organizations and individuals shall implement this Decree.

3. The Ministry of Agriculture and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade, and the Ministry of Construction shall provide guidance for Chairpersons of provincial-level People’s Committees and relevant local agencies in performing decentralized administrative procedures under this Decree.

Article 5. Transitional provisions

Dossiers of application for account registration on the National Registration System specified in Clause 2, Article 18; project registration dossiers; dossiers of application for change of project participants, project deregistration, and grant of carbon credits under the domestic mechanism for carbon credit exchange and offsetting specified in Clauses 6, 7, 8 and 9, Article 20 of the Government's Decree No. 06/2022/ND-CP dated January 07, 2022, providing the mitigation of greenhouse gas emissions and protection of the ozone layer, as amended and supplemented under Decree No. 119/2025/ND-CP, Decree No. 83/2026/ND-CP and Decree No. 112/2026/ND-CP, that have been received before August 01, 2026, by managing officers, are not required to be resubmitted, and shall continue to be processed in accordance with the law in force at the time of dossier receipt.