Decree 119/2025/ND-CP amend Decree 06/2022/ND-CP providing the mitigation of greenhouse gas emissions and protection of the ozone layer

DECREE

 Amending and supplementing a number of articles of the Government’s Decree No. 06/2022/ND-CP of January 7, 2022, providing the mitigation of greenhouse gas emissions and protection of the ozone layer^[1]

Pursuant to the February 18, 2025 Law on Organization of the Government;

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

At the proposal of the Minister of Agriculture and Environment,

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 06/2022/ND-CP of January 7, 2022, providing the mitigation of greenhouse gas emissions and protection of the ozone layer.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 06/2022/ND-CP of January 7, 2022, providing the mitigation of greenhouse gas emissions and protection of the ozone layer

1. To amend Article 2 as follows:

“This Decree applies to organizations and individuals involved in greenhouse gas emission, greenhouse gas emission mitigation and greenhouse gas sequestration; organization and development of the carbon market, implementation of domestic and international mechanisms for credit carbon exchange and offsetting; production, import, export, consumption and treatment of controlled ozone-depleting substances and contributors to the greenhouse effect under the Montreal Protocol on Substances that Deplete the Ozone Layer.”

2. To amend and supplement Article 3 as follows:

a/ To add Clause 5a as follows:

“5a. The Article 6.2 mechanism of the Paris Agreement is the mechanism for carbon credit exchange and offsetting specified in Clause 2, Article 6 of the Paris Agreement under the United Nations Framework Convention on Climate Change (UNFCCC). The Article 6.2 mechanism of the Paris Agreement allows the member states to bilaterally exchange carbon credits and greenhouse gas emission mitigation outcomes for greenhouse gas emission mitigation goals according to nationally determined contributions (NDC).”

b/ To add Clause 5b as follows:

“5b. The Article 6.4 mechanism of the Paris Agreement is the mechanism for carbon credit exchange and offsetting specified in Clause 4, Article 6 of the Paris Agreement under the UNFCCC. The Article 6.4 mechanism of the Paris Agreement allows the organizations in the member states to register programs and projects by the approaches recognized by the UNFCCC and grant carbon credits for these programs and projects after they are verified.”

c/ To amend Clause 12 as follows:

 “12. Carbon exchange means a system for centralized exchange and trading of greenhouse gas emission allowances and carbon credits.”

d/ To amend Clause 18 as follows:

 “18. Exchange of greenhouse gas emission allowances and carbon credits means buying and selling greenhouse gas emission allowances and carbon credits on the carbon exchange.”

 dd/ To add Clause 20 as follows:

“20. Sustainable cooling means the application of cooling solutions that are climate-friendly, help mitigate greenhouse gas emissions, ensure energy conservation and efficiency, and aim at using controlled substances of low or zero global warming potentials in constructions and urban areas.”

e/ To add Clause 21 as follows:

“21. The national registration system for greenhouse gas emission allowances and carbon credits (below referred to as the National Registration System) means a system for synthesis of technical infrastructure factors of information technology, software and data that is established to manage, operate, update and exploit information on ownership over greenhouse gas emission allowances and carbon credits; and carry out the borrowing, surrender, transfer and offsetting of greenhouse gas emission allowances.”

g/ To add Clause 22 as follows:

“22. Carbon credit generation method applicable to the domestic mechanism for carbon credit exchange and offsetting means a method for counting the greenhouse gas emission mitigation or sequestration amount under a project as compared to that before the project is executed.”

3. To amend Article 7 as follows:

a/ To amend Clause 1 as follows:

 “1. Greenhouse gas emission mitigation goals shall be approved by the Prime Minister in NDC, including the goals of greenhouse gas emission mitigation for the sectors of energy, agriculture, land use and forestry, and waste management, and industrial processes in conformity with the country’s socio-economic development conditions and treaties to which the Socialist Republic of Vietnam is a contracting party.”

b/ To amend Point b, Clause 4 as follows:

 “b/ From 2025 through 2030, facilities allocated greenhouse gas emission allowances shall devise and implement greenhouse gas emission mitigation measures based on the allocated allowances; facilities not yet allocated greenhouse gas emission allowances shall formulate and implement facility-based greenhouse gas emission mitigation plans as specified in Article 13 of this Decree in conformity with sector-based greenhouse gas emission mitigation plans.”

4. To amend and supplement Article 8 as follows:

a/ To amend Points b and c, Clause 3 as follows:

 “b/ Collecting data, calculating levels of greenhouse gas sequestration in eco-zones and for each province/centrally run city, and including them in sector-based greenhouse gas inventory reports under Clause 3, Article 11 of this Decree;

c/ Annually monitoring and evaluating the implementation of activities to increase greenhouse gas sequestration from the sustainable forest management, protection and increase of forest coverage, biomass, quality and level of greenhouse gas sequestration from forests for each province/centrally run city nationwide;”

b/ To add Point d to Clause 3 as follows:

“d/ Devising methods of generation of carbon credits from greenhouse gas emission mitigation or sequestration activities when implementing projects on sustainable forest management, protection and increase of forest coverage, biomass and quality to serve the implementation of the domestic mechanism for carbon credit exchange and offsetting.”

c/ To annul Clause 4.

5. To amend Article 9 as follows:

a/ To amend Clause 2 as follows:

 “2. The Ministry of Agriculture and Environment shall, as the focal point of the National System for measurement, reporting and verification of greenhouse gas emission mitigation, inspect the compliance with the provisions on measurement, reporting and verification of greenhouse gas emission mitigation of Article 10 of this Decree; and assume the prime responsibility for, and coordinate with line ministries in, developing and operating an online national database on measurement, reporting and verification of greenhouse gas emission mitigation.”

b/ To amend Point a, Clause 5 as follows:

 “a/ To inspect and supervise the compliance with the provisions on measurement, reporting and verification of greenhouse gas emission mitigation by the facilities specified in Clause 1, Article 5 of this Decree in the localities under their management;”

c/ To amend Clause 6 as follows:

“6. The facilities specified in Clause 1, Article 5 of this Decree, the verification units specified in Clause 1, Article 14, and other related organizations shall comply with the provisions on measurement, reporting and verification of greenhouse gas emission mitigation; and provide additional information and operational data to serve national-level and sector-based measurement, reporting and verification of greenhouse gas emission mitigation at the request of the Ministry of Agriculture and Environment and the ministries specified in Clause 2, Article 5 of this Decree.”

6. To amend Article 10 as follows:

a/ To amend Point c, Clause 1 as follows:

“c/ The verification of greenhouse gas emission mitigation must comply with Clause 4 of this Article.”

b/ To amend and supplement Clause 3 as follows:

 “3. Reporting on greenhouse gas emission mitigation

a/ The facilities specified in Clause 1, Article 5 of this Decree shall prepare annual reports on facility-based greenhouse gas emission mitigation for the years preceding the reporting period according to Form No. 02 provided in Appendix III to this Decree and send them to related provincial-level People’s Committees before March 31, starting from 2027;

b/ Provincial-level People’s Committees shall receive, review and synthesize greenhouse gas emission mitigation outcomes of the facilities specified in Clause 1, Article 5 of this Decree, and send reports thereon to the Ministry of Agriculture and Environment before June 30 every year, starting from 2027;

c/ The ministries specified in Clause 2, Article 5 of this Decree shall prepare sector-based annual reports on greenhouse gas emission mitigation according to Form No. 01 provided in Appendix III to this Decree and send them to the Ministry of Agriculture and Environment before January 15, starting from 2024;

d/ Ministry of Agriculture and Environment shall review and synthesize sector- and facility-based reports on greenhouse gas emission mitigation, and prepare synthesis reports on greenhouse gas emission mitigation.”

c/ To amend Clause 4 as follows:

“4. Verification of greenhouse gas emission mitigation

a/ Sector-based verification of greenhouse gas emission mitigation shall be carried out by the ministries specified in Clause 2, Article 5 of this Decree. Every year, starting from 2023, the ministries shall carry out the verification and send verification reports to the Ministry of Agriculture and Environment for summarization.

The verification covers: conformity of policies and management measures aiming at sector-based greenhouse gas emission mitigation with sector-based development strategies, master plans and plans; reliability and adequacy of information and data on greenhouse gas inventory and business-as-usual scenarios in the planning period; conformity of greenhouse gas emission mitigation quantification approaches with greenhouse gas emission mitigation and management policies and measures; accuracy and reliability of greenhouse gas emission mitigation outcomes as compared to business-as-usual scenarios in the planning period; and possibility of double counting of greenhouse gas emission mitigation outcomes;

b/ The Ministry of Agriculture and Environment shall assume the prime responsibility for, and coordinate with related ministries and sectors in, carrying out national-level verification of greenhouse gas emission mitigation to serve the preparation of national reports on climate change response and other national reports on climate change under international commitments to implement UNFCCC. The process of verifying a synthesis report on greenhouse gas emission mitigation is as follows:

The Ministry of Agriculture and Environment shall form a council for appraisal of synthesis reports on greenhouse gas emission mitigation (below referred to as the Appraisal Council) under Point c, Clause 3 of this Article. The Appraisal Council is composed of at least 9 members, including the Chairperson, Vice Chairperson, secretary, 2 criticism members, and at least 4 other members. The other members are representatives of the ministries specified in Clause 2, Article 5 of this Decree and experts with appropriate expertise.

The Appraisal Council shall hold a meeting if at least two-thirds of its members attend the meeting (in person or online), of whom the Chairperson or Vice Chairperson, secretary and at least 1 criticism member must be present at the meeting.

The Chairperson shall chair meetings of the Council or authorize the Vice Chairperson to do so; deal with opinions raised at the meeting, make conclusions of the meeting, and take responsibility for such conclusions; sign the meeting’s minutes and take responsibility for the adequacy and truthfulness of the minutes’ contents.

The Appraisal Council’s members shall appraise the synthesis report on greenhouse gas emission mitigation and evaluate the following principal contents: adequacy of contents, information and data of the report; conformity of policies and management measures for greenhouse gas emission mitigation in different sectors with national development strategies, master plans and plans; conformity of greenhouse gas emission mitigation quantification methods with greenhouse gas emission mitigation policies and management measures; greenhouse gas emission mitigation outcomes and their comparison with the national business-as-usual scenario in the planning period; and possibility of double counting of greenhouse gas emission mitigation outcomes.

Within 10 days from the date of the appraisal meeting, the Appraisal Council shall approve the meeting’s minutes and send it to the Ministry of Agriculture and Environment. The minutes must have the following principal contents: overall evaluation of the synthesis report on greenhouse gas emission mitigation and greenhouse gas emission mitigation outcomes by the line ministry; shortcomings and limitations in the report; requirements and recommendations on the finalization of the report based on opinions of the Council’s members; and the Council’s conclusions made in one of the following three forms: approved, approved with modifications, or not approved.

The Ministry of Agriculture and Environment shall organize the finalization of the synthesis report on greenhouse gas emission mitigation based on conclusions of the Appraisal Council.”

7. To amend and supplement Article 11 as follows:

a/ To amend Point d, Clause 1 as follows:

“d/ Sector-based verification of greenhouse gas inventory outcomes as specified in Clause 5 of this Article, and verification of greenhouse gas inventory outcomes for facilities allocated greenhouse gas emission allowances as specified in Clause 6a of this Article.”

b/ To add Point e to Clause 1 as follows:

“e/ Biennial reports on greenhouse gas inventory outcomes of facilities, which must include greenhouse gas inventory outcomes of the two years preceding the reporting year.”

c/ To amend Points c, d and e, Clause 2 as follows:

“c/ Coordinate with line ministries in popularizing sector-based greenhouse gas inventory methods in conformity with guidance of the Greenhouse Gas Protocol;

d/ Update and announce the list of emission factors serving greenhouse gas inventory;

e/ Assume the prime responsibility for, and coordinate with line ministries in, establishing and operating the online database on greenhouse gas inventory; and update operational data, greenhouse gas inventory outcomes and relevant information to the national database on climate change.”

d/ To amend Point b, Clause 3 as follows:

“b/ Guide and organize facility-based greenhouse gas inventory for facilities under their management for 2022 and send inventory outcomes to the Ministry of Agriculture and Environment before December 1, 2023; and provide guidance on facility-based greenhouse gas inventory for facilities under their management;”

dd/ To amend and supplement Clause 4 as follows:

“4. The facilities specified in Clause 1, Article 5 of this Decree shall:

a/ Provide operational data and relevant information serving their greenhouse gas inventory for 2022 under the guidance of line ministries before March 31, 2023;

b/ Organize facility-based greenhouse gas inventory, and prepare biennial reports on facility-based greenhouse gas inventory, starting from 2024, according to Form No. 06 provided in Appendix II to this Decree, and send the reports to provincial-level People’s Committees before March 31, starting from 2025;

c/ Thermal power plants, iron and steel production facilities and cement production facilities included in the Prime Minister-promulgated list of greenhouse gas-emitting facilities subject to greenhouse gas inventory shall prepare facility-based greenhouse gas inventory reports on a biennial basis, starting from 2026, according to Form No. 06 provided in Appendix II to this Decree. The facilities specified at this Point are not required to comply with Point b of this Clause;

d/ The facilities other than those specified at Point c of this Clause that are allocated emission allowances for the period from 2027 onward shall prepare greenhouse gas inventory reports on a biennial basis, starting from 2028, according to Form No. 06 provided in Appendix II to this Decree. The facilities specified at this Point are not required to comply with Point b of this Clause.”

e/ To amend Clause 5 as follows:

“5. The sector-based verification of greenhouse gas inventory outcomes shall be carried out by the ministries specified in Clause 2, Article 5 of this Decree.

The verification covers: adequacy of contents, information and data on greenhouse gas inventory; appropriateness of the identification of greenhouse gas emission sources and sequestration sinks; suitability of greenhouse gas inventory methods, applied emission factors, quality control and quality assurance methods, and information and data systems on greenhouse gas emissions of line ministries; and evaluation of the accuracy and reliability of greenhouse gas inventory outcomes.”

g/ To amend Clause 6 as follows:

“6. Provincial-level People’s Committees shall receive, review and synthesize greenhouse gas inventory outcomes of the facilities specified in Clause 1, Article 5 of this Decree in the localities under their management and send reports thereon to the Ministry of Agriculture and Environment and line ministries before June 30, starting from 2025.”

h/ To add Clause 6a as follows:

“6a. The verification of greenhouse gas inventory outcomes for facilities allocated emission allowances as specified at Points c and d, Clause 4 of this Article shall be carried out by the units specified in Article 14 of this Decree. The facilities allocated emission allowances shall send to the Ministry of Agriculture and Environment the verified reports on greenhouse gas inventory outcomes before December 1, starting from 2027.”

8. To amend Article 12 as follows:

“Article 12. Allocation of greenhouse gas emission allowances to facilities

1. For the 2025-2026 period

a/ Facilities eligible for allocation of greenhouse gas emission allowances are thermal power plants, iron and steel production facilities and cement production facilities included in the Prime Minister-promulgated list of greenhouse gas-emitting facilities subject to greenhouse gas inventory;

b/ 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 in, proposing the pilot allocation of emission allowances for 2025 and 2026 to each thermal power plant, iron and steel production facility or cement production facility specified at Point a, Clause 1 of this Article, and send reports thereon to the Prime Minister for consideration and approval of total greenhouse gas emission allowances for each period and each year. Based on the Prime Minister-approved total greenhouse gas emission allowances, the Ministry of Agriculture and Environment shall allocate emission allowances to the facilities, using Form No. 01 provided in Appendix I to this Decree, before December 31, 2025.

2. For the 2027-2028 and 2029-2030 periods

a/ Line ministries shall propose lists of facilities eligible for allocation of greenhouse gas emission allowances based on the Prime Minister-promulgated list of greenhouse gas-emitting facilities subject to greenhouse gas inventory and the emission allowances annually allocated to each facility, and send the lists to the Ministry of Agriculture and Environment before June 30, 2027, for the 2027-2028 period, and before June 30, 2029, for the 2029-2030 period;

b/ The Ministry of Industry and Trade and the Ministry of Construction shall update the lists of facilities eligible for allocation of greenhouse gas emission allowances and the emission allowances to be allocated annually for each thermal power plant, iron and steel production facility or cement production facility, and send the lists to the Ministry of Agriculture and Environment before June 30, 2027, for the 2027-2028 period, and before June 30, 2029, for the 2029-2030 period;

c/ The Ministry of Agriculture and Environment shall assume the prime responsibility for, and coordinate with related ministries and agencies in, reviewing, evaluating and synthesizing emission allowances, and report thereon to the Prime Minister for consideration and approval of total greenhouse gas emission allowances for the 2027-2028 period and the 2029-2030 period, and on an annual basis. Based on the Prime Minister-approved total greenhouse gas emission allowances, the Ministry of Agriculture and Environment shall allocate emission allowances to the facilities, using Form No. 01 provided in Appendix I to this Decree, before October 31, 2027, for the 2027-2028 period, and before October 31, 2029, for the 2029-2030 period.

3. Methods of determining greenhouse gas emission allowances

a/ Greenhouse gas emission allowances shall be determined on the basis of the level of greenhouse gas emission per unit of product; sector-based growth goal; sector- and facility-based greenhouse gas emission mitigation goals under production and business plans; emission mitigation potential of facilities; and technical, technological and financial capacity of facilities for greenhouse gas emission mitigation.

The determination of greenhouse gas emission allowances shall be carried out by Method 01 provided in Appendix I to this Decree;

b/ Line ministries shall apply the method specified at Point a of this Clause to determine greenhouse gas emission allowances proposed for allocation to facilities.

4. Facilities allocated greenhouse gas emission allowances may exchange greenhouse gas emission allowances and carbon credits on the carbon exchange according to the roadmap specified in Article 17 of this Decree.

5. Costs of the allocation of greenhouse gas emission allowances shall be covered by the state budget in accordance with the regulations on decentralization of state budget management.”

9. To amend Article 13 as follows:

To amend Point b, Clause 4 as follows:

“b/ Formulate and approve greenhouse gas emission mitigation plans for the 2026-2030 period, make annual adjustments and updates (if any), and send them to the Ministry of Agriculture and Environment, line ministries specified in Clause 2, Article 5 of this Decree and provincial-level People’s Committees before December 31, 2025.”

10. To amend Article 14 as follows:

“Article 14. Units in charge of verification of greenhouse gas inventory outcomes and verification of greenhouse gas emission mitigation

Units in charge of verification of greenhouse gas inventory outcomes and verification of greenhouse gas emission mitigation are organizations granted registration certificates for use value certification and certification inspection operations in accordance with regulations on conditions for provision of conformity assessment services.”

11. To amend Article 15 as follows:

a/ To amend Clause 1 as follows:

“1. The Ministry of Agriculture and Environment shall manage, inspect and supervise greenhouse gas emission mitigation activities; and inspect and supervise the verification of greenhouse gas inventory outcomes and the verification of greenhouse gas emission mitigation.”

b/ To amend Clause 3 as follows:

“3. Related provincial-level People’s Committees shall coordinate with the ministries specified in Clause 2, Article 5 of this Decree in inspecting and supervising greenhouse gas emission mitigation activities of the facilities specified in Clause 1, Article 5 of this Decree in the localities under their management.”

12. To amend the title of Section 2, Chapter II as follows:

“Section 2

ORGANIZATION AND DEVELOPMENT OF THE CARBON MARKET”

13. To amend Article 16 as follows:

“Article 16. Entities engaged in exchange or exchange support on the domestic carbon market

1. Entities engaged in the exchange of greenhouse gas emission allowances are the facilities eligible for allocation of emission allowances as specified in Article 12 of this Decree.

2. Entities engaged in the exchange of carbon credits are agencies and organizations based in the territory of the Socialist Republic of Vietnam.

3. Entities supporting transactions are organizations providing financial services and supporting the exchange of greenhouse gas emission allowances and carbon credits on the carbon market under regulations on the domestic carbon exchange.”

14. To amend Article 17 as follows:

“1. The period from now through 2028

a/ To establish the National Registration System;

b/ To develop, and organize the pilot operation of, the domestic carbon exchange;

c/ To implement the domestic mechanism for carbon credit exchange and offsetting;

d/ To build the capacity and improve the awareness about the development of the carbon market.

2. The period from 2029 onward

a/ To develop and implement a mechanism for auction of greenhouse gas emission allowances;

b/ To finalize regulations on the management of carbon credits and the exchange of greenhouse gas emission allowances and carbon credits; and regulations on the organization, management and operation of the domestic carbon market and the country’s participation in the global carbon market.”

15. To amend Article 18 as follows:

 “Article 18. The National Registration System

1. The Ministry of Agriculture and Environment shall assume the prime responsibility for, and coordinate with related agencies in, establishing, managing and operating the National Registration System; and ensure data connection and sharing between the National Registration System and the domestic carbon exchange system. The National Registration System consists of:

a/ Information technology infrastructure;

b/ Software for management of information on greenhouse gas emission allowances and carbon credits;

c/ Database on greenhouse gas emission allowances and mechanisms for carbon credit exchange and offsetting as specified in Article 20 and Clause 1, Article 20a of this Decree.

2. Account registration on the National Registration System

a/ For facilities eligible for allocation of greenhouse gas emission allowances and organizations participating in projects that are entitled to account registration under the mechanisms specified in Article 20 and at Points a and b, Clause 1, Article 20a of this Decree, the Ministry of Agriculture and Environment shall grant accounts on the National Registration System and provide relevant information to such facilities and organizations;

b/ For 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 Ministry of Agriculture and Environment by hand-delivery, online or by post. 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 Ministry of Agriculture and Environment shall grant the account to the applying organization; in case of refusal, it shall state the reason.

3. The Minister of Agriculture and Environment shall provide the use of the National Registration System.”

16. To amend Article 19 as follows:

“Article 19. Exchange, borrowing, surrender, transfer and offsetting of greenhouse gas emission allowances and carbon credits

1. Greenhouse gas emission allowances and carbon credits permitted for exchange on the carbon exchange include:

a/ Greenhouse gas emission allowances specified in Article 12 of this Decree. One unit of greenhouse gas emission allowance represents the right to discharge emissions equal to 1 ton of CO₂ or 1 ton of CO₂ equivalent;

b/ Carbon credits granted for greenhouse gas emission mitigation outcomes from January 1, 2021, of programs and projects under the mechanism specified in Article 20 of this Decree and the mechanism specified at Points a and b, Clause 1, Article 20a of this Decree.

2. The Ministry of Agriculture and Environment shall update the volume of greenhouse gas emission allowances to accounts of facilities in the National Registration System and, at the same time, send updated data thereon to the units operating the carbon exchange upon the allocation under Article 12 of this Decree.

3. Verification of carbon credits for exchange on the carbon exchange:

a/ For carbon credits from projects under the mechanism specified in Article 20 of this Decree and the mechanism specified at Point a, Clause 1, Article 20a of this Decree, the Ministry of Agriculture and Environment shall send information on the volume of carbon credits to the units operating the carbon exchange for updating to accounts of applicants upon the registration for trading on the carbon exchange;

b/ For carbon credits from programs or projects under the mechanism specified at Point b, Clause 1, Article 20a of this Decree, organizations participating in such programs or projects that apply for verification of their carbon credits shall submit  application dossiers to the Ministry of Agriculture and Environment by hand-delivery, online or by post. Such a dossier must comprise: an application for verification of carbon credits, made according to Form No. 02 provided in Appendix V to this Decree; the supervisory body's certification of the volume of carbon credits under the program or project to enable the exchange of carbon credits on the carbon exchange.

Within 10 days after receiving the application, the Ministry of Agriculture and Environment shall carry out review and verification and send information on the verified volume of carbon credits to the applicant’s account on the carbon exchange; in case of refusal of verification, it shall state the reason.

4. Exchange of greenhouse gas emission allowances

The exchange of greenhouse gas emission allowances shall be carried out on the carbon exchange under the regulations on the carbon exchange.

5. Surrender of greenhouse gas emission allowances

a/ For each period of allocation of emission allowances, facilities shall surrender greenhouse gas emission allowances to the State. The volume of surrendered allowances must at least equal the greenhouse gas inventory outcomes from direct emission sources during the allocation period, minus the volume of carbon credits used for offsetting;

b/ Facilities shall surrender greenhouse gas emission allowances via the National Registration System before December 31 of the year following the allocation period as specified in Article 12 of this Decree;

c/ The Ministry of Agriculture and Environment shall cancel the surrendered emission allowances in the National Registration System;

d/ The State shall encourage facilities to voluntarily surrender greenhouse gas emission allowances in excess of those stated in their greenhouse gas inventory outcomes from direct emission sources during the allocation period, thereby contributing to the achievement of the national goal of greenhouse gas emission mitigation;

dd/ Facilities may apply forms of exchanging, borrowing and transferring greenhouse gas emission allowances as specified in Clauses 4, 6 and 7 of this Article, and use carbon credits for greenhouse gas emission offsetting as specified in Clause 5 of this Article to perform their surrender responsibility;

e/ Facilities that fail to fully perform the surrender responsibility shall be sanctioned under the law on sanctioning of administrative violations in the field of environmental protection. At the same time, any deficiency in the volume of surrendered allowances shall be cleared against the facilities’ allowances to be allocated for the subsequent period.

6. Borrowing of greenhouse gas emission allowances

a/ In the period from now through 2030, a facility may borrow greenhouse gas emission allowances to be allocated to itself for the subsequent period to secure the surrender of emission allowances for the current period. The volume of borrowed allowances must not exceed 15% of the allowances allocated for the relevant period and may not be used for exchange;

b/ Facilities may borrow greenhouse gas emission allowances in the National Registration System before surrendering the allowances for the allocation period.

7. Transfer of greenhouse gas emission allowances

a/ In the period from now through 2030, a facility may transfer the unused greenhouse gas emission allowances after fulfilling the surrender obligation for the current period to the subsequent period. The volume of transferred allowances may be used for exchange;

b/ Facilities may transfer greenhouse gas emission allowances in the National Registration System after fulfilling the surrender obligation for the allocation period;

c/ After 30 days from the deadline for surrendering greenhouse gas emission allowances for the allocation period, the Ministry of Agriculture and Environment shall cancel in the National Registration System the volume of facilities’ allowances of the previous periods that have not been transferred or/and surrendered and, at the same time, send updated data thereon to the units operating the carbon exchange.

8. Use of carbon credits for greenhouse gas emission offsetting

a/ Facilities may use carbon credits from projects under the mechanisms for carbon credit exchange and offsetting specified in Article 20 of this Decree and at Points a and b, Clause 1, Article 20a of this Decree to offset up to 30% of their allocated emission allowances;

b/ Facilities using carbon credits for greenhouse gas emission offsetting shall themselves do so in the National Registration System during the process of surrender of emission allowances.

9. Exchange of carbon credits for greenhouse gas emission offsetting

a/ The exchange of carbon credits for greenhouse gas emission offsetting means the purchase and sale of carbon credits between the facilities specified in Clause 1, Article 16 of this Decree and organizations owning carbon credits under the mechanisms for carbon credit exchange and offsetting specified in Article 20 and at Points a and b, Clause 1, Article 20a of this Decree on the carbon exchange in accordance with the regulations on the carbon exchange;

b/ The exchange of carbon credits must comply with relevant regulations.

10. Use of carbon credits for voluntary greenhouse gas emission mitigation

The State shall encourage organizations to purchase carbon credits for voluntary greenhouse gas emission mitigation, thus contributing to the achievement of the national goal of greenhouse gas emission mitigation. Carbon credits already used for voluntary greenhouse gas emission mitigation may not be further exchanged on the market.”

17. To amend Article 20 as follows:

“Article 20. Domestic mechanism for carbon credit exchange and offsetting

1. Subjects that may formulate and implement projects under the domestic mechanism for carbon credit exchange and offsetting are agencies and organizations in Vietnam’s territory.

2. Units appraising projects under the domestic mechanism for carbon credit exchange and offsetting

a/ Appraising units are organizations granted utilization certification or certification inspection registration certificates in accordance with the regulations on conditions for provision of conformity assessment services;

b/ Appraising units shall appraise project dossiers at the request of organizations applying for project registration or adjustment specified in Clause 6 of this Article and at the request of organizations applying for carbon credits specified in Clause 9 of this Article.

3. The line ministries specified in Clause 2, Article 5 of this Decree shall organize the approval of the recognition of methods; project registration; change of project participants; project deregistration; and grant of carbon credits for projects.

4. Carbon credit generation methods applicable to projects under the domestic mechanism for carbon credit exchange and offsetting include:

a/ Methods that are developed according to Form No. 03B and recognized according to Form No. 03E provided in Appendix V to this Decree by the line ministries specified in Clause 2, Article 5 of this Decree, and announced on the National Registration System and the websites of the line ministries;

b/ Methods that are recognized by the UNFCCC for application to projects according to the Article 6.4 mechanism of the Paris Agreement and reviewed, selected and announced by the line ministries on the National Registration System and their websites;

c/ Methods proposed by organizations and individuals other than those specified at Points a and b of this Clause and recognized by the line ministries under Clause 5 of this Article.

5. Recognition of carbon credit generation methods proposed by organizations and individuals

a/ Organizations and individuals that apply for recognition of their carbon credit generation methods shall send a dossier to the line ministries specified in Clause 2, Article 5 of this Decree by hand-delivery, online or by post. The dossier must comprise:

An application for recognition of a carbon credit generation method, made according to Form No. 03A provided in Appendix V to this Decree;

Documentation of a carbon credit generation method, made according to Form No. 03B provided in Appendix V to this Decree;

b/ Within 3 working days after receiving a dossier of application for recognition of a carbon credit generation method, the line ministry shall notify the applicant of the dossier’s validity. In case the dossier is invalid, the applicant shall complete it within 15 days after being notified. The period of dossier completion shall not be counted into the time limit for performing procedures for method recognition or adjustment;

c/ Within 1 working day after receiving a valid dossier of application for recognition or adjustment of a carbon credit generation method, the line ministry shall publish such dossier on its website for collection of public opinions for 15 days;

d/ Within 45 days after completing the collection of public opinions, the line ministry shall organize the evaluation of the carbon credit generation method by establishing an evaluation council.

The evaluation council must be composed of at least 9 members, including the Chairperson, Deputy Chairperson, secretary, 2 criticism members and at least 4 other members. The other members are representatives of related agencies of the line ministries and experts with appropriate expertise.

Contents subject to the evaluation include: greenhouse gas emission mitigation measures in conformity with objectives and orientations stated in the sector-based greenhouse gas emission mitigation plan; method of calculating greenhouse gas emission volumes before and after the application of greenhouse gas emission mitigation measures and clear and parameters for the supervision of the project’s operation to ensure transparency; satisfaction of technical requirements and regulations on measurement, reporting and verification of greenhouse gas emission mitigation of the line ministries; and possibility of scale extension and widespread application of measures to achieve the greenhouse gas emission mitigation effect.

The evaluation council shall hold a meeting when it is participated by at least two-thirds of the total number of its members (in person or online), of whom the council’s Chairperson or Deputy Chairperson, secretary and at least 1 criticism member must be present.

The council’s Chairperson shall chair the council’s meetings or authorize the Deputy Chairperson to do so; deal with opinions raised at the council’s meetings, make the council’s conclusions and take responsibility for such conclusions; sign minutes of the council’s meetings and take responsibility for the completeness and truthfulness of contents of such minutes.

Evaluation council establishment decisions shall be made according to Form No. 03C; council meeting minutes, Form No. 03D; and evaluation papers of council members, Form No. 03DD, provided in Appendix V to this Decree;

dd/ Within 5 working days after obtaining the valuation council’s evaluation results, the line ministry shall consider and decide:

To issue a document of recognition of the carbon credit generation method according to Form No. 03E provided in Appendix V to this Decree, then send the recognition document to the applicant and the Ministry of Agriculture and Environment for announcement on the National Registration System; or,

To request in writing the carbon credit generation method recognition applicant to supplement and complete the method. The time limit for the applicant to supplement and complete the method is 30 days after receiving the line ministry’s request. The period of carbon credit generation method supplementation and completion shall not be counted into the time limit for performance of procedures for recognition of the carbon credit generation method. Within 5 working days after receiving the supplemented and completed dossier, the line ministry shall consider and decide to recognize the carbon credit generation method, then send the recognition decision to the applicant and the Ministry of Agriculture and Environment for announcement on the National Registration System. In case of refusal of the recognition, it shall clearly state the reason;

e/ Carbon credit generation methods of organizations and individuals shall be recognized and announced by line ministries on the National Registration System; the use of such methods must comply with the law on intellectual property and other relevant laws;

g/ Organizations and individuals that wish to adjust their recognized carbon credit generation methods shall carry out procedures for applying for the recognition of carbon credit generation methods specified in this Clause;

h/ Applications for recognition of carbon credit generation methods specified in this Clause may only be made from January 1, 2028, onward.

6. 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 line ministries specified in Clause 2, Article 5 of this Decree by hand-delivery, online or by post. An applicant for the registration of a multi-field project falling under the management by two or more ministries shall send a registration dossier to the Ministry of Agriculture and Environment. The dossier must comprise:

An application for project registration, 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;

Copies of licenses/permits related to professional operations of the project in accordance with current regulations;

b/ Within 3 working days after receiving a dossier, the line ministry shall notify the applicant of the dossier’s validity. In case the dossier is invalid, the applicant shall complete it within 15 days after being notified. The period of dossier completion shall not be counted into the time limit for performing procedures for project registration and adjustment;

c/ Within 1 working day after receiving a valid dossier of application for project registration, the line ministry shall publish the dossier on its website for collection of public opinions for 30 days;

d/ Within 5 working days after completing the collection of public opinions, the line ministry shall summarize such opinions and notify them to the applicant;

dd/ The applicant shall complete the dossier based on the notified opinions and send 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 line ministry.

The appraising unit specified in Clause 2 of this Article may carry out the appraisal of project documents before, during or after the collection of public opinions;

e/ Within 3 working days after receiving the completed dossier of application for project registration, the line ministry shall notify the applicant of the dossier’s validity. In case the dossier is invalid, the applicant shall complete it within 5 days after being notified. The period of dossier completion shall not be counted into the time limit for performing procedures for project registration and adjustment;

g/ Within 3 working days after receiving a valid dossier, the line ministry shall send the dossier to the Ministry of Agriculture and Environment and related agencies and organizations for collecting the latter’s opinions on the approval of the project registration. The consulted agencies and organizations shall give their written opinions within 10 days after receiving the consultation dossier;

h/ Within 7 days after receiving opinions of the consulted agencies and organizations, the line ministry 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 according to Form 04G provided in Appendix V to this Decree, then send it to the applicant and the Ministry of Agriculture and Environment for announcement on the National Registration System. In case of refusal of the registration, it shall clearly state the reason;

i/ 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/ In case the owner of a registered project applies for change of project participants, it shall send an application dossier to the line ministry that has approved the project registration by hand-delivery, online or by post. The dossier must comprise:

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

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

b/ Within 10 days after receiving the application, the line ministry shall make the change at the request of the project owner on the National Registration System;

c/ The project owner shall fulfill committed obligations toward and take responsibility before related parties in accordance with law under the decision on change of project participants.

8. Deregistration of projects

a/ In case the owner of a registered project applies for the deregistration of the project, it shall send an application dossier to the line ministry that has approved the project registration by hand-delivery, online or by post. The dossier must comprise:

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

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

b/ Within 30 days after receiving the application, the line ministry shall carry out the project deregistration at the request of the project owner on the National Registration System;

c/ The project owner shall fulfill committed obligations toward and take responsibility before 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 line ministries that have approved the project registration by hand-delivery, online or by post. The dossier must comprise:

An application for grant of carbon credits, 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 the dossier, the line ministry shall notify the applicant of the dossier’s validity. In case the dossier is invalid, the applicant shall complete it within 5 days after being notified.

After 15 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 line ministry shall send it to related agencies and organizations for collecting the latter’s opinions on the grant of carbon credits for the project. The consulted agencies and organizations shall give their written opinions within 15 days after receiving the consultation dossier;

d/ Within 15 days after receiving opinions of related agencies and organizations, the line ministry shall decide to grant carbon credits and notify such to the applicant and the Ministry of Agriculture and Environment for announcement on the National Registration System; in case of refusal to grant carbon credits, it shall clearly state the reason.”

18. To add following Article 20a:

“Article 20a. International mechanisms for carbon credit exchange and offsetting

1. International mechanisms for carbon credit exchange and offsetting include:

a/ Bilateral and multilateral mechanisms for carbon credit exchange and offsetting between the Government of the Socialist Republic of Vietnam and foreign signatories that are operationalized under treaties in accordance with Article 6.2 of the Paris Agreement;

b/ The Article 6.4 mechanism of the Paris Agreement that is operationalized under the guidance of the UNFCCC;

c/ International mechanisms for carbon credit exchange and offsetting other than those specified at Points a and b of this Clause that are operationalized under regulations issued by the supervisory body.

2. Approval of programs and projects registered under the Article 6.4 mechanism

a/ Applicants for approval of their programs and projects shall send dossiers to the Ministry of Agriculture and Environment by hand-delivery, online or by post. Such a dossier must comprise:

An application for approval of program/project registration under the Article 6.4 mechanism of the Paris Agreement, made according to Form No. 08 provided in Appendix V to this Decree;

Project documentation as required by the mechanism;

A technical report or a project appraisal report as required by the mechanism;

Copies enclosed with the originals for collation or certified copies of licenses/permits and documents related to professional operations of the project as specified by current regulations;

b/ Within 5 working days after receiving the application dossier, the Ministry of Agriculture and Environment shall notify the applicant of the acceptance of a valid dossier, request for dossier supplementation and completion, or refusal if the dossier is invalid. The time limit for dossier supplementation and completion is 15 days after the issuance of the notice requesting dossier supplementation and completion;

c/ Within 30 days after receiving a valid dossier of application for approval of a program/project, the Ministry of Agriculture and Environment shall organize the appraisal of the dossier, and consult related agencies and organizations. The consulted agencies and organizations shall give their written opinions within 10 days after receiving the consultation request enclosed with the dossier. The Ministry of Agriculture and Environment shall carry out the evaluation of the following contents: greenhouse gas emission mitigation measure, carbon credit generation method, and the project’s compliance with the Article 6.4 mechanism of the Paris Agreement;

d/ Within 5 working days after obtaining evaluation results, the Minister of Agriculture and Environment shall consider and decide to approve the registration of the program/project under the Article 6.4 mechanism of the Paris Agreement, and notify such to the applicant and announce the approval on the National Registration System; in case of refusal of the approval, it shall clearly state the reason. The document on project approval shall be made according to the form set under the Article 6.4 mechanism of the Paris Agreement.

3. Approval of registration of transfer of programs and projects registered under the clean development mechanism (CDM) to the Article 6.4 mechanism of the Paris Agreement

a/ Owners of programs and projects registered under the CDM that apply for approval of registration of the transfer shall send application dossiers to the Ministry of Agriculture and Environment before September 30, 2025, by hand-delivery, online or by post. Such a dossier must comprise:

An application for registration of transfer of a program/project under the CDM to the Article 6.4 mechanism of the Paris Agreement, made according to Form No. 09 provided in Appendix V to this Decree;

Project documentation as required by the CDM;

A document requesting the Article 6.4 Supervisory Body to permit the transfer, and certification by the Article 6.4 Supervisory Body of the receipt of the application;

b/ Within 5 working days after receiving the application dossier, the Ministry of Agriculture and Environment shall notify the applicant of of its acceptance of a valid dossier, request for dossier supplementation and completion, or refusal in case the dossier is invalid. The time limit for dossier supplementation and completion is 15 days after the issuance of the notice requesting dossier supplementation and completion;

c/ Within 30 days after receiving a valid dossier of application for approval of the transfer, the Ministry of Agriculture and Environment shall organize the appraisal of the dossier, and consult related agencies and organizations. The consulted agencies and organizations shall give their written opinions within 10 days after receiving the consultation request enclosed with the dossier;

d/ Within 5 working days after obtaining evaluation results, the Minister of Agriculture and Environment shall consider and decide to approve the program/project transfer registration, and notify such to the applicant and announce the approval on the National Registration System; in case of refusal of the approval, it shall clearly state the reason. The document on approval of program/project transfer shall be made according to the form set under the Article 6.4 mechanism of the Paris Agreement;

dd/ The Ministry of Agriculture and Environment shall notify the Article 6.4 Supervisory Body of programs and projects, of which the transfer registration is approved, before December 31, 2025.

4. Approval of international transfer of carbon credits and greenhouse gas emission mitigation outcomes

a/ For the approval of international transfer of carbon credits from projects under the mechanism for carbon credit exchange and offsetting specified at Point a, Clause 1 of this Article, organizations granted carbon credits shall send applications for approval of international transfer of carbon credits/greenhouse gas emission mitigation outcomes, made according to Form No. 10 provided in Appendix V to this Decree, to the Ministry of Agriculture and Environment by hand-delivery, online or by post.

The Minister of Agriculture and Environment shall consider and decide to issue a document on approval of international transfer of carbon credits in accordance with the UNFCCC within 5 working days after receiving an application; in case of disapproval, it shall clearly state the reason;

b/ For the approval of international transfer of carbon credits and greenhouse gas emission mitigation outcomes from public investment projects not under the mechanism specified at Point a, Clause 1 of this Article, ministries, ministerial-level agencies and provincial-level People’s Committees as project-managing agencies shall enter into contracts on purchase and sale of carbon credits and greenhouse gas emission mitigation outcomes with foreign partners. In the course of making such purchase and sale contracts, the managing agencies shall consult related ministries about information on carbon credits and greenhouse gas emission mitigation outcomes that require documents on approval of international transfer.

When documents on approval of the international transfer of carbon credits and greenhouse gas emission mitigation outcomes are required, the managing agencies shall send application dossiers to the Ministry of Agriculture and Environment. Such a dossier must comprise a report on project implementation progress; project documentation; and carbon credits and greenhouse gas emission mitigation outcomes proposed for international transfer.

The Ministry of Agriculture and Environment shall send a consultation request to related agencies and organizations on the application dossier. The consulted agencies and organizations shall give their opinions within 20 days.

Based on opinions of related agencies and organizations and national and sectoral greenhouse gas emission mitigation goals achieved, the Ministry of Agriculture and Environment shall consider and issue a document on approval in accordance with the UNFCCC, notify it to the applicant and announce it on the National Registration System; in case of disapproval, it shall clearly state the reason;

c/ For disapproved projects, greenhouse gas emission mitigation outcomes and carbon credits may only be used for the NDCs of Vietnam, not for the NDCs of other countries and other international mitigation goals.

5. Organizations participating in the implementation of projects under the mechanism for carbon credit exchange and offsetting specified in Clause 1 of this Article shall:

a/ Within 15 days after receiving a notice of approval of registration from the supervisory body for the mechanism, send project information, using Form No. 11 provided in Appendix V to this Decree, to the Ministry of Agriculture and Environment;

b/ In the course of project implementation, provide information on the implementation progress, using Form No. 12 provided in Appendix V to this Decree, to the Ministry of Agriculture and Environment before December 31 every year.

6. Measures and activities to foster greenhouse gas emission mitigation for projects under the international mechanism for carbon credit exchange and offsetting specified at Point a, Clause 1 of this Article shall be carried out according to List No. 01 provided in Appendix V to this Decree.”

19. To amend Article 21 as follows:

“Article 21. Responsibility to develop the carbon market

1. The Ministry of Finance shall assume the prime responsibility for building and establishing the carbon exchange and formulate financial policies applicable to operation of the carbon market.

2. The Ministry of Agriculture and Environment shall assume the prime responsibility for, and coordinate with related ministries in, organizing the operation of the carbon exchange; and compile documents for public communication and carry out activities of building capacity for carbon market participants.

3. Ministries, ministerial-level agencies and provincial-level People’s Committees shall coordinate with the Ministry of Agriculture and Environment and the Ministry of Finance in implementing Clauses l and 2 of this Article and carrying out activities to promote the development of the carbon market; organizing the public communication in the mass media to improve the community’s awareness about the carbon market.”

20. To amend Article 22 as follows:

a/ To amend Point d, Clause 2 as follows:

“d/ From January 1, 2040: HCFCs will be totally eliminated.”

b/ To amend Clause 4 as follows:

“4. Methyl bromide may only be imported for the purpose of disinfection and quarantine of goods.”

c/ To amend Clause 5 as follows:

“5. The list of substances banned from production and import under the commitment to implementing the treaty on protection of the ozone layer

a/ The list of controlled substances and equipment and products containing or produced from controlled substances banned from production and import under the commitment to implementing the treaty on protection of the ozone layer to which the Socialist Republic of Vietnam is a contracting party is List No. 01 provided in Appendix VI to this Decree;

b/ Cases eligible for immunity upon the import of controlled substances included in List No. 01 provided in Appendix VI to this Decree are as follows:

Importers shall clearly declare controlled substances and import purposes and take responsibility before law for the accuracy of declared information when carrying out customs procedures. Customs offices shall base themselves on declared information and accompanying dossiers to clear customs procedures under regulations.

For the import of controlled substances after they are recycled up to the quality requirements to serve fire prevention and fighting in the field of aviation or controlled substances remaining in imported equipment and products in the form of trace impurities that cannot be phased out from manufacturing processes and are entitled to immunity under the Montreal Protocol, importers shall submit to customs offices 1 copy of the certification by the accredited assessment, testing or inspection organization in the relevant field, sector or trade of the satisfaction of the requirements in corresponding ISO-IEC standards;

c/ The Prime Minister shall consider and decide to permit the import of controlled substances and equipment and products containing or produced from controlled substances included in List No. 01 provided in Appendix VI to this Decree for use for national defense, security and epidemic prevention and control purposes.”

21. To amend and supplement Article 24 as follows:

a/ To amend Clause 1 as follows:

“Subjects required to register for use of controlled substances include:”

b/ To amend Point d, Clause 1 as follows:

“d/ Organizations owning equipment containing controlled substances: air conditioners with a nominal cooling capacity of 26.5 kW (90,000 BTU/h) or more; and industrial cooling equipment with an electric output of 40 kW or more;”

c/ To add Clause 6a as follows:

“6a. Registration information enclosed with reports on the use of controlled substances of the organizations specified at Points a and b, Clause 1, Article 24 shall serve as a basis for the state management agency to consider allocating production or import quotas to those organizations under regulations.”

22. To amend Article 25 as follows:

“1. Production or import quotas applicable to the substances specified at Point e, Clause 1, Article 22 must not exceed the total national consumption specified in Clause 3, Article 22; and those applicable to the substances specified in Clause 1, Article 23 must not exceed the total national consumption specified at Point c, Clause 3, Article 23 of this Decree.

2. Quotas to be allocated to organizations specified at Points a and b, Clause 1, Article 24 on an annual basis shall be determined on the basis of quota management requirements, use demand and average use amount of those organizations for the last 3 years. The total quota amount to be allocated must not exceed 80% of the total national consumption of controlled substances; the remaining quota amount shall be allocated in the order of priority specified in Clause 3 of this Article.

3. The remaining quota amount shall be allocated in the following order of priority:

a/ Organizations that use the controlled substances of low global warming potential and need additional quotas. Low global warming potential shall be determined under Vietnam’s National Plan on management and elimination of controlled substances;

b/ Organizations that make registration after December 31, 2022;

c/ Organizations that have been allocated quotas and wish to get additional quotas.

4. Organizations allocated quotas may only use quotas in the year of allocation.

5. The allocation of quotas for production or import of controlled substances to organizations that make registration after December 31, 2022, shall be carried out on the basis of evaluation of dossiers for registration of quota demands and capacity dossiers of companies and requirements of the management of controlled substances.

6. Organizations using contributors to the greenhouse effect of low global warming potential may be considered for additional allocation of production or import quotas according to their ratings based on consumed amounts converted into amounts of CO₂ equivalent of such organizations in the last 3 years.

7. The adjustment or addition of quotas shall be carried out at the request of organizations already allocated quotas and their use of quotas by and requirements of the management of controlled substances.

8. Organizations importing controlled substances under allocated quotas but later exporting them may be considered for additional allocation of import quotas not exceeding the exported amounts. Additional import quotas shall be considered to be adjusted and added to allocated import quotas in the current year or the subsequent year upon request.”

23. To amend Article 26 as follows:

a/ To amend Clause 1 as follows:

“1. The organizations specified at Points a and b, Clause 1, Article 24 of this Decree shall be considered for allocation of quotas for production or import of controlled substances.”

b/ To amend Clause 5 as follows:

“5. Notices of import quota allocation, adjustment or addition serve as a basis for customs offices to control and settle customs procedures for imported controlled substances.

In case administrative procedures have not yet been carried out or cannot be carried out via the Vietnam National Single Window, the specialized management agency in charge of climate change shall update and publish notices of allocation, adjustment or addition of import quotas for controlled substances on the Vietnam National Single Window for use as a basis for customs offices to control goods import activities under regulations.

In case the Vietnam National Single Window encounters an incident or a force majeure event occurs, making it impossible to electronically exchange and provide information, an importer shall submit to the customs office 1 copy of the notice of allocation, adjustment or addition of import quotas for controlled substances via the latter’s electronic data processing system.”

c/ To amend Clause 8 as follows:

“8. The Ministry of Agriculture and Environment shall coordinate with related state management agencies in connecting the Vietnam National Single Window with the online public service systems under their management for the allocation of import quotas and management of the import of controlled substances on the system.”

24. To amend Article 27 as follows:

To add Clause 4 as follows:

“4. The roadmap for managing and eliminating controlled substances contained in equipment and products or controlled substances used for the production of equipment and products is specified in Table No. 01 provided in Appendix VI to this Decree; the implementation thereof must follow the guidance of the Minister of Agriculture and Environment.”

25. To amend Article 28 as follows:

a/ To amend Clause 1 as follows:

“1. Organizations owning equipment containing controlled substances specified at Point d, Clause 1, Article 24 of this Decree shall collect, recycle, reuse and dispose of controlled substances in adherence to the following principles:”

b/ To amend Point c, Clause 2 as follows:

“c/ In case it is impossible to recycle or reuse controlled substances, the disposal thereof must comply with the regulations on management of hazardous wastes.”

c/ To amend Clause 5 as follows:

“5. Manufacturers and importers of equipment and products that contain or are produced from controlled substances, with a nominal cooling capacity of under 26.5 kW (90,000 BTU/h) or an electrical capacity of under 40 kW, shall collect, recycle and dispose of the controlled substances in such equipment and products in adherence to the principles specified in Clause 1 of this Article, starting from January 1, 2028.”

d/ To add Clause 7 as follows:

“7. The Ministry of Agriculture and Environment shall provide certificates of technicians engaged in the installation, operation, maintenance and repair of equipment containing controlled substances”.

26. To amend and supplement Article 29 as follows:

a/ To amend Clause 1 as follows:

“1. The Ministry of Agriculture and Environment shall act as the national focal point for implementation of the Vienna Convention and the Montreal Protocol, and take responsibility before the Government for performing the state management of controlled substances. The Ministry of Agriculture and Environment shall assume the prime responsibility for, and coordinate with related ministries and sectors in:

a/ Managing controlled substances under the treaty on protection of the ozone layer to which Vietnam is a contracting party; allocating, adjusting and adding quotas for production or import of HCFCs and HFCs in phases and every year; managing and licensing the export and import of Methyl bromide for the purposes specified in Clause 4, Article 22 of this Decree;

b/ Formulating and submitting to the Prime Minister for promulgation the National Plan on management and elimination of controlled substances; promulgating, modifying and supplementing the list of, and providing use instructions for, controlled substances, and providing the management of controlled substances under commitments on implementation of the treaty on protection of the ozone layer to which the Socialist Republic of Vietnam is a contracting party;

c/ Building and operating the online public service system for registration, reporting, quota allocation and management of the import and export of controlled substances; connecting the Vietnam National Single Window on the management of controlled substances;

d/ Organizing the performance of the national obligations toward the Montreal Protocol; coordinating with other countries’ focal points in implementing Vietnam’s measures to comply with the Montreal Protocol;

dd/ Inspecting, examining and supervising the registration, reporting and use of quotas; managing, and guiding the collection, reuse, recycling and disposal of, controlled substances;

e/ Organizing the implementation of contents assigned under the Law on Environmental Protection and this Decree, and other tasks related to management of controlled substances.”

b/ To amend Clause 2 as follows:

“2. The Ministry of Industry and Trade shall coordinate with the Ministry of Agriculture and Environment in allocating, adjusting and adding quotas for import or production of controlled substances.”

c/ To amend and supplement Clause 5 as follows:

“5. The Ministry of Education and Training shall assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Environment in:

a/ Formulating and implementing a program on training and further training of, and grant of certificates and letters of confirmation to, people working in fields related to controlled substances;

b/ Incorporating contents related to controlled substances in regulations on essential knowledge and requirements on capacity of trainees after graduating from intermediate or collegial courses for occupations in related fields;

c/ Organizing the grant of occupational skill certificates to technicians working in fields related to controlled substances.”

d/ To add Clause 5a as follows:

“5a/ The Ministry of Home Affairs shall assume the prime responsibility for formulating and promulgating the national technical regulation on occupational safety for refrigeration and air conditioning systems.”

27. To amend Article 33 as follows:

a/ To amend Clause 2 as follows:

“2. Organizations and individuals engaged in research, application, transfer and development of technologies for greenhouse gas emission mitigation, climate-friendly sustainable cooling, ozone layer protection and recycling of controlled substances are entitled to incentives under the law on science and technology and the law on high technology.”

b/ To amend Clause 3 as follows:

“3. Organizations and individuals that transform technologies aiming at greenhouse gas emission mitigation, climate-friendly sustainable cooling, and ozone layer protection; and provide services of collecting, recycling and disposing of controlled substances are entitled to the incentives and supports under Article 141 of the Law on Environmental Protection and relevant guiding documents.”

28. To amend the appendices to Decree No. 06/2022/ND-CP as follows:

a/ To replace Appendix I;

b/ To modify Form No. 03 and Form No. 05, and annul Form No. 02 and Form No. 04, Appendix II;

c/ To annul Form No. 03, Appendix III;

d/ To replace Form No. 01, Form No. 02 and Form No. 05; to annul Form No. 03 and Form No. 04; to add Form No. 03A, Form No. 03B, Form No. 03C, Form No. 03D, Form No. 03DD, Form No. 03E, Form No. 04A, Form No. 04B, Form No. 04C, Form No. 04D, Form No. 04DD, Form No. 04E, Form No. 04G, Form No. 06, Form No. 07A, Form No. 07B, Form No. 07C, Form No. 08, Form No. 09, Form No. 10, Form No. 11, Form No. 12, and List No. 01, Appendix V;

dd/ To modify Form No. 01, Form No. 02, Form No. 03A, Form No. 03B, Form No. 04, Form No. 05A, and Form No. 05B, and supplement List No. 01 and Table No. 01, Appendix VI.

Article 2. Implementation provision

This Decree takes effect on August 1, 2025.

Article 3. Implementation responsibility

1. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall guide the implementation of articles and clauses assigned in this Decree, and review promulgated documents for amendment, supplementation or replacement to ensure compliance with this Decree.

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

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
TRAN HONG HA

* The appendices to this Decree are not translated.