Circular 08/2025/TT-BNNMT amend Circular 01/2022/TT-BTNMT detailing Law on Environmental Protection regarding climate change response

CIRCULAR
Amending and supplementing a number of articles of Circular No. 01/2022/TT-BTNMT dated January 07, 2022 of the Minister of Natural Resources and Environment detailing the implementation of the Law on Environmental Protection regarding climate change response

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

Pursuant to the Government’s Decree No. 35/2025/ND-CP dated February 25, 2025, defining the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Environment;

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

Pursuant to the Government’s Decree No. 119/2025/ND-CP dated June 9, 2025, amending and supplementing a number of Articles of the Government’s Decree No. 06/2022/ND-CP dated January 7, 2022, providing regulations on mitigation of greenhouse gas emissions and protection of the ozone layer;

At the proposal of the Director General of the Department of Climate Change;

The Minister of Agriculture and Environment hereby promulgates the Circular amending and supplementing a number of articles of Circular No. 01/2022/TT-BTNMT dated January 07, 2022 detailing the implementation of the Law on Environmental Protection regarding climate change response.

Article 1. To amend and supplement a number of articles and appendices of Circular No. 01/2022/TT-BTNMT dated January 07, 2022 of the Minister of Natural Resources and Environment detailing the implementation of the Law on Environmental Protection regarding climate change response (hereinafter referred to as “Circular No. 01/2022/TT-BTNMT”)

1. To amend Article 1 as follows:

"Article 1. Scope of regulation

This Circular details Point g, Clause 2, Article 27; Point c, Clause 3, Article 90; Point c, Clause 4, Article 91; Point b, Clause 3 and Clause 6, Article 92 of the Law on Environmental Protection; Clause 4, Article 27 and Clause 7, Article 28 of the Government’s Decree No. 06/2022/ND-CP dated January 7, 2022 providing regulations on mitigation of greenhouse gas emissions and protection of the ozone layer as amended and supplemented by the Government’s Decree No. 119/2025/ND-CP dated June 9, 2025.”

2. To amend Article 9 as follows:

“Article 9. Requirements for appraisal performance

The appraisal of greenhouse gas inventory results and greenhouse gas emission mitigation at the sectoral level shall comply with the following requirements:

a) Ensuring the adequacy, evidence-based nature, and verifiability of information and data;

b) Methods of greenhouse gas inventory and calculation of greenhouse gas emission mitigation, procedures for quality assurance and quality control, uncertainty assessment, and policies and measures for greenhouse gas emission mitigation must conform to the guidance of the Intergovernmental Panel on Climate Change (hereinafter referred to as IPCC), relevant legal regulations, and be consistent with the strategies, master plans, and plans for development of the respective sector;

c) The greenhouse gas inventory results and greenhouse gas emission mitigation results must ensure completeness and avoid double counting; the greenhouse gas emission mitigation results must be compared with the business-as-usual development scenario.

2. The appraisal of greenhouse gas inventory results at the establishment level and reports on greenhouse gas emission mitigation at the establishment level shall be reviewed based on the following requirements:

a) Ensuring the completeness, reliability, and transparency of information and data used in preparing the reports, in accordance with the technical guidelines of ministries managing the respective sector;

b) The determination of boundaries and scope of the greenhouse gas inventory, selection of methods, emission factors, procedures for quality assurance and quality control must be appropriate to the operational boundaries, technological processes, and production characteristics of the establishment;

c) Measures for greenhouse gas emission mitigation and methods for quantifying the emission reduction must be consistent with the actual conditions of the establishment and follow the technical guidelines of ministries managing the respective sector.”

3. To amend Article 10 as follows:

“Article 10. Appraisal contents of greenhouse gas inventory results at the sectoral level

1. Adequacy of contents, information and data of the greenhouse gas inventory, including:

a) To compare the list of emission sources, sinks, and types of greenhouse gases with the IPCC guidelines and legal regulations on greenhouse gas inventories;

b) To review the adequacy of items in the report in accordance with Appendix II to Decree No. 06/2022/ND-CP as amended and supplemented by Decree No. 119/2025/ND-CP;

c) To examine the explanations for the exclusion of emission sources and sinks with low greenhouse gas emissions;

d) To review the adequacy of data and information on data collection methods, emission factor sources, and assumptions used.

2. Conformity in identifying emission sources and greenhouse gas sinks, including:

a) To review the greenhouse gas inventory boundary described in the report to ensure conformity and coverage of the management scope of the sector;

b) To compare the identification and classification of emission sources and greenhouse gas sinks with the IPCC guidelines and legal regulations on greenhouse gas inventories to ensure the adequacy and accuracy.

3. Conformity of the greenhouse gas inventory methods, applicable emission factors, quality control and assurance methods, and the greenhouse gas emission data and information system of ministries managing the respective sector, including:

a) To consider the conformity, consistency, and basis for selecting calculation methods for each emission source;

b) To review the origin and suitability of applicable emission factors with respect to technology types, production processes, and actual conditions in Vietnam;

c) To examine the compatibility of measurement units between activity data and emission factors;

d) To review the plan and results of implementing quality assurance and quality control procedures.

4. Assessment of the accuracy and reliability of greenhouse gas inventory results, including:

a) To recalculate a number of representative samples of major greenhouse gas emission sources to verify the accuracy of formulas and calculation results;

b) To review the assessment of the uncertainty of greenhouse gas inventory results, including the applied methodology, input values, and synthesis formula;

c) To analyze the greenhouse gas inventory results to identify major causes of high uncertainty and propose improvement measures for the subsequent inventory period.”

4. To amend Article 11 as follows:

“Article 11. Appraisal contents of reports on greenhouse gas emission mitigation at the sectoral level

1. Conformity of policies and management measures for greenhouse gas emission mitigation with the strategies, master plans, and development plans of the sector, including:

a) To compare policies and management measures for greenhouse gas emission mitigation in the sector with the strategies, master plans, and development plans of the sector to ensure consistency and alignment with the sector’s prioritized socio-economic development objectives;

b) To consider the feasibility of financial, technological, and human resources, as well as implementation schedules for the sector’s greenhouse gas emission mitigation policies and measures.

2. Reliability and adequacy of information and data on greenhouse gas inventories and business-as-usual development scenarios during the planning period, including:

a) To examine the adequacy of the report contents in accordance with Form No. 01 of Appendix III to Decree No. 06/2022/ND-CP;

b) To review the adequacy, accuracy, and consistency of data used in the development of the sectoral greenhouse gas emission baseline;

c) To consider the transparency, conformity, and basis of the assumptions used for the development of the sectoral business-as-usual scenario, ensuring consistency with national and sectoral socio-economic development projections and the IPCC guidelines.

3. Conformity of quantification methods for greenhouse gas emission mitigation applied to relevant policies and management measures, including:

a) To review the methods for quantifying emission mitigation results to ensure conformity with IPCC guidelines and relevant legal regulations;

b) To assess the effectiveness of greenhouse gas emission mitigation policies and measures, and the determination of calculation boundaries to control the risk of emissions leakage;

c) To review the formulas for calculating greenhouse gas emission mitigation results.

4. Accuracy and reliability of greenhouse gas emission mitigation results and comparison with the business-as-usual scenario during the planning period, including:

a) To recalculate or inspect a representative sample of the sector’s largest emission mitigation measure;

b) To review the uncertainty assessment of greenhouse gas emission mitigation results.

5. Possibility of double counting greenhouse gas emission mitigation results, including:

a) To review and compare to ensure that the greenhouse gas emission mitigation results of a given policy or measure are not double counted;

b) To compare with the information recorded in the National Registry System for greenhouse gas emission quotas and carbon credits to ensure no double counting occurs in the implementation of the Nationally Determined Contribution (NDC).”

5. To amend Article 12 as follows:

“Article 12. Review contents of greenhouse gas inventory results at the establishment level

1. Adequacy of report contents, information, and data:

a) To examine the adequacy of the report contents in accordance with Form No. 06 of Appendix II to Decree No. 06/2022/ND-CP;

b) To compare the list of emission sources, sinks, and types of greenhouse gases with the technical guidelines issued by ministries managing the respective sector;

c) To review the adequacy of data and information on methods for collecting activity data, emission factors, and assumptions use.

2. Scope of the greenhouse gas inventory:

a) To review the greenhouse gas inventory boundary as described in the report;

b) To compare the identification and classification of emission sources and sinks in accordance with the technical guidelines issued by ministries managing the respective sector.”

6. To amend Article 13 as follows:

“Article 13. Review contents of reports on greenhouse gas emission mitigation at the establishment level

1. Adequacy of report contents, information, and data, including:

a) To examine the adequacy of report contents in accordance with Form No. 02 of Appendix III to Decree No. 06/2022/ND-CP;

b) To review the information describing the greenhouse gas emission mitigation measure, including technology, processes, scope, and application timeframe;

c) To examine the adequacy of activity data and technical parameters used to determine the greenhouse gas emission baseline prior to the application of the greenhouse gas emission mitigation measure;

d) To examine the adequacy of activity data during the reporting period, and monitoring, measurement, and data collection results of the establishment.

2. To review the conformity of the implemented greenhouse gas emission mitigation measure with the greenhouse gas emission mitigation plan of the establishment.”

7. To amend Article 16 as follows:

“Article 16. Guidelines on the use of controlled substances

1. Organizations engaged in the production of controlled substances specified at Point a, Clause 1, Article 24 of Decree No. 06/2022/ND-CP shall comply with the regulations on registration for use, request for allocation of production quotas, and reporting as prescribed in Decree No. 06/2022/ND-CP.

2. Organizations engaged in the import of controlled substances specified at Point b, Clause 1, Article 24 of Decree No. 06/2022/ND-CP shall:

a) Comply with the management measures and deadlines applicable to the controlled substances specified in Appendices III.2 and III.3 issued together with this Circular;

b) Clearly specify the descriptive information of each substance when importing controlled substances with the same Harmonized System (HS) code in the customs declaration when completing customs procedures;

c) Assume the responsibility for reporting as prescribed and coordinating and providing information upon request of the competent authority.

3. Organizations engaged in the production or import of equipment and products containing or manufactured from controlled substances specified at Point c, Clause 1, Article 24 of Decree No. 06/2022/ND-CP shall register for use and comply with the reporting regime in accordance with Decree No. 06/2022/ND-CP.”

8. To amend Article 17 as follows:

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

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

a) Organizations and establishments producing controlled substances subject to the provisions of Point a, Clause 1, Article 24 of Decree No. 06/2022/ND-CP;

b) Organizations and establishments producing or importing equipment or products containing or manufactured from controlled substances subject to the provisions of Point c, Clause 1, Article 24 of Decree No. 06/2022/ND-CP;

c) Organizations and establishments possessing equipment containing controlled substances specified at Point d, Clause 1, Article 24 of Decree No. 06/2022/ND-CP as amended and supplemented by Point b, Clause 21, Article 1 of Decree No. 119/2025/ND-CP;

d) Organizations providing services of collection, recycling, reuse, and treatment of controlled substances subject to the provisions of Point dd, Clause 1, Article 24 of Decree No. 06/2022/ND-CP;

dd) Organizations and establishments providing installation, maintenance, repair, and servicing of refrigeration and air-conditioning equipment.

2. Responsibilities for collecting, recycling, reusing, and treating controlled substances in equipment and products after end-of-use are as follows:

a) Organizations possessing equipment containing controlled substances, including air conditioners with a nominal cooling capacity greater than 26.5 kW (90,000 BTU/h) and a total nominal cooling capacity of equipment greater than 586 kW (2,000,000 BTU/h), and industrial refrigeration equipment with an electric capacity greater than 40 kW, shall continue to collect, recycle, reuse, and treat controlled substances in such equipment and products after end-of-use in accordance with the principles specified in Clause 1, Article 28 of Decree No. 06/2022/ND-CP;

b) Organizations possessing equipment containing controlled substances, including air conditioners with a nominal cooling capacity greater than 26.5 kW (90,000 BTU/h) and a total nominal cooling capacity of equipment not exceeding 586 kW (2,000,000 BTU/h), shall register, report, and carry out the collection, recycling, reuse, and treatment of controlled substances in such equipment and products after end-of-use as prescribed in Decree No. 06/2022/ND-CP as amended and supplemented by Decree No. 119/2025/ND-CP;

c) Manufacturers and importers of equipment and products containing or manufactured from controlled substances with a nominal cooling capacity of less than 26.5 kW (90,000 BTU/h) or an electric capacity of less than 40 kW shall be responsible for the collection, recycling, reuse, and treatment of controlled substances in such equipment and products after end-of-use from January 1, 2028, in accordance with the principles specified in Clause 1, Article 28 of Decree No. 06/2022/ND-CP.

3. Technicians performing installation, operation, maintenance, and repair of equipment containing controlled substances as prescribed in Clause 4, Article 28 of Decree No. 06/2022/ND-CP must hold a diploma of intermediate level or higher in one of the following specialties:

a) Thermal engineering technology;

b) Electronic technology and building energy;

c) Mechanical engineering, heating and air conditioning;

d) Refrigeration equipment installation;

dd) Thermal equipment maintenance and repair;

e) Refrigeration and air conditioning engineering;

g) Refrigeration equipment operation and repair;

h) Fisheries refrigeration electromechanics;

i) Rural electromechanics;

k) Automotive technology.

4. Organizations and establishments specified in Clause 1 of this Article shall comply with national technical regulations on collection, transportation, storage, recycling, reuse, and treatment of controlled substances and other relevant legal provisions.

5. Provincial-level People’s Committees shall assign relevant affiliated specialized agencies to disseminate and guide the application of national technical regulations on collection, transportation, storage, recycling, reuse, and treatment of controlled substances to relevant stakeholders; receive declarations of conformity from organizations and individuals, prepare lists and submit them to competent agencies in accordance with the law on standards and technical regulations; inspect and supervise the compliance with the declaration of conformity for controlled substances after recycling and other relevant legal regulations on product and goods trading and commerce."

9. To amend Article 18 as follows:

“Article 18. Guidelines for the implementation roadmap for the management and phase-out of controlled substances contained in or used for the production of equipment and products

1. The production and import of the following equipment and products shall be carried out from January 1, 2029:

a) Transport refrigeration equipment not using HCFC-22;

b) Chillers not using HFC-404A and controlled substances with global warming potential (hereinafter referred to as GWP) greater than 2,100;

c) Commercial and industrial refrigeration equipment not using HCFC-22, HFC-507A, HFC-404A, and controlled substances with GWP greater than 1,800;

d) Heat pump water heaters and portable air conditioners not using HFC-410A, HFC-407C, and controlled substances with GWP greater than 1,500;

dd) Household air conditioners and unitary/multi-split air conditioners (PAC/VRV/VRF) not using HCFC-22, HFC-410A, HFC-407C, HFC-134a, and controlled substances with GWP greater than 750;

e) Household refrigeration equipment not using HFC-134a and controlled substances with GWP greater than 3.

2. The production and import of the following equipment and products shall be carried out from January 1, 2035:

a) Chillers, commercial refrigeration equipment, and transport refrigeration equipment not using HFC-410A and controlled substances with GWP greater than 1,500;

b) Industrial refrigeration equipment and portable air conditioners not using HFC-410A, HFC-407C, HFC-134a, and controlled substances with GWP greater than 750.

3. The production and import of the following equipment and products shall be carried out from January 1, 2040:

Chillers, commercial refrigeration equipment, transport refrigeration equipment, and heat pump water heaters not using HFC-134a and controlled substances with GWP greater than 750.

4. The production and import of the following equipment and products shall be carried out from January 1, 2045:

a) Household air conditioners, heat pump water heaters, chillers, unitary/multi-split air conditioners (PAC/VRV/VRF), commercial refrigeration equipment, industrial refrigeration equipment, transport refrigeration equipment, and foam insulation manufacturing equipment not using HFC-32 and controlled substances with GWP greater than 150;

b) Firefighting equipment and portable air conditioners not using HFC-32 and controlled substances with GWP greater than 3.”

10. To remove the word “district” in Sections II, III, and IV of Appendix I.1 issued together with Circular No. 01/2022/TT-BTNMT.

11. To remove the phrase “For example, if risk assessment is required at the district level, then the component indices of the hazard must also be detailed to the district level” in Section II of Appendix I.1 issued together with Circular No. 01/2022/TT-BTNMT.

12. To replace the phrase “Ministry of Natural Resources and Environment” with the phrase “Ministry of Agriculture and Environment” in Clause 1 Article 5, Clause 3 Article 7, Clause 2 Article 21, and Section II of Appendix I.2 issued together with Circular No. 01/2022/TT-BTNMT; to replace the phrase “Ministry of Agriculture and Rural Development” with the phrase “Ministry of Agriculture and Environment” in Section II of Appendix I.2 and Appendix III.2; and to replace the phrase “Ministry of Transport” with the phrase “Ministry of Construction” in Section II of Appendix I.2 issued together with Circular No. 01/2022/TT-BTNMT.

Article 2. To annul a number of articles, clauses and appendices of Circular No. 01/2022/TT-BTNMT

1. To annul Article 14.

2. To annul Clauses 1 and 4 of Article 15.

3. To annul Appendix II.

4. To annul Appendix III.1 and Appendix III.4 of Appendix III.

Article 3. Transitional provisions

Reports on greenhouse gas inventory results at the establishment level that have been received by specialized agencies affiliated to provincial-level People’s Committees before the effective date of this Circular shall continue to be handled in accordance with the legal provisions effective at the time of receipt, unless the organizations or individuals request implementation in accordance with this Circular.

Article 4. Effect

1. This Circular takes effect from August 1, 2025.

2. From the effective date of this Circular, the following documents and provisions shall cease to be effective:

a) Article 3 of Circular No. 07/2025/TT-BNNMT dated June 16, 2025 of the Minister of Agriculture and Environment on decentralization and delineation of responsibilities for state management in the field of environment and climate change;

b) Circular No. 38/2024/TT-BTNMT dated December 25, 2024 of the Minister of Natural Resources and Environment suspending the effect of Clauses 1 and 4, Article 15 of Circular No. 01/2022/TT-BTNMT;

c) Clause 2, Article 1 of Circular No. 19/2023/TT-BTNMT dated November 15, 2023 of the Minister of Natural Resources and Environment amending and annulling a number of circulars under the issuance authority of the Minister of Natural Resources and Environment.

Article 5. Implementation responsibilities

1. Ministers, heads of ministerial-level agencies, heads of governmental agencies, chairpersons of People’s Committees at all levels, and relevant organizations and individuals shall be responsible for the implementation of this Circular.

2. Any difficulties arising in the course of implementation shall be promptly reported to the Ministry of Agriculture and Environment for timely consideration and resolution./.

For the Minister

The Deputy Minister

Le Cong Thanh