Thông tư 08/2025/TT-BNNMT sửa đổi Thông tư 01/2022/TT-BTNMT hướng dẫn Luật Bảo vệ môi trường về ứng phó với biến đổi khí hậu do Bộ trưởng Bộ Nông nghiệp và Môi trường ban hành

CIRCULAR

PROVIDING AMENDMENTS TO CIRCULAR NO. 01/2022/TT-BTNMT DATED JANUARY 07, 2022 OF MINISTER OF NATURAL RESOURCES AND ENVIRONMENT OF VIETNAM PROVIDING GUIDELINES FOR IMPLEMENTATION OF LAW ON ENVIRONMENTAL PROTECTION REGARDING RESPONSE TO CLIMATE CHANGE

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 functions, tasks, authority and organizational structure of the Ministry of Agriculture and Environment of Vietnam;

Pursuant to the Government’s Decree No. 06/2022/ND-CP dated January 07, 2022 on mitigation of greenhouse gas emissions and ozone layer protection;

Pursuant to the Government’s Decree No.119/2025/ND-CP dated June 09, 2025 providing amendments to the Government’s Decree No. 06/2022/ND-CP dated January 07, 2022 on mitigation of greenhouse gas emissions and ozone layer protection;

At the request of the Director of Department of Climate Change; 

The Minister of Agriculture and Environment of Vietnam hereby promulgates a Circular providing amendments to Circular No. 01/2022/TT-BTNMT dated January 07, 2022 providing guidelines for implementation of Law on Environmental Protection regarding response to climate change.

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1. Article 1 is amended as follows:

 “Article 1. Scope

This Circular elaborates on the provisions of 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 07, 2022 prescribing mitigation of greenhouse gas (GHG) emissions and ozone layer protection, as amended by the Government’s Decree No. 119/2025/ND-CP dated June 09, 2025.”.

2. Article 9 is amended as follows:

  “Article 9. Verification requirements

1. Verification of sector-level GHG inventory results/sector-level GHG emissions mitigation shall be subject to the following:

a) The information and data must be adequate, well grounded and verifiable;

b) Methods of GHG inventory/calculation of GHG emissions mitigation, procedures for quality assurance and control, assessment of uncertainties, policies and measures for mitigating GHG emissions must be conformable with the guidelines given by the Intergovernmental Panel on Climate Change (hereinafter referred to as “IPCC”), regulations of relevant laws, and sectoral development strategies, plannings and plans;

c) The results of GHG inventory and GHG emissions mitigation must ensure no underestimation or double-counting; GHG emission reductions must be compared against the BAU (Business-As-Usual) scenario.

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a) The adequacy, reliability, and transparency of the information and data used in preparing reports must be ensured in accordance with the technical guidelines issued by the relevant sectoral Ministry;

b) Determination of boundaries, scope of the GHG inventory, selection of methods, emission factors, and quality assurance and control procedures must be in line with the subject facility’s operational boundaries, technological and production processes;

c) GHG emissions mitigation measures and methods for quantifying GHG emission reductions must be appropriate to the subject facility’s actual conditions in accordance with the technical guidelines issued by the relevant sectoral Ministry.”.

3. Article 10 is amended as follows:

  “Article 10. Subject matters of verification of sector-level GHG inventory results

1. Adequacy of GHG inventory contents, information and data, including:

a) Check and compare the list of emission sources and sinks, and GHG types against the IPCC’s guidelines and regulations of law on GHG inventory;

b) Consider the adequacy of the report’s items as prescribed in Appendix II enclosed with the Decree No. 06/2022/ND-CP, as amended by the Decree No. 119/2025/ND-CP;

c) Review the justifications for exclusion of emission sources and sinks with low GHG emissions;

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2. Appropriateness of the determination of GHG emission sources and sinks, including:

a) Review the GHG inventory boundaries described in the report so as to ensure appropriateness and comprehensiveness of the sectoral management scope;

b) Check and compare the determination and classification of GHG emission sources and sinks against the IPCC’s guidelines and regulations of law on GHG inventory to ensure their adequacy and accuracy.

3. Appropriateness of GHG inventory methods, emission factors applied, quality assurance and control measures, and the GHG emissions information/data system of the sectoral Ministry, including:

a) Consider the appropriateness, consistency, and basis for the selection of calculation methods for each of the emission sources;

b) Review the reference sources and suitability of the applied emission factors for types of technologies, production and actual conditions of Vietnam;

c) Consider the compatibility of calculation units between activity data and emission factors;

d) Review the plan for implementation of quality assurance and control procedures, and results thereof.

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

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b) Review contents about the uncertainty assessment in the GHG inventory results, including the applied methods, input values, and aggregation formulas;

c) Carry out analysis of GHG inventory results to identify key variables that contribute to high uncertainty, and propose remedial measures for the next GHG inventory period.".

4. Article 11 is amended as follows:

  “Article 11. Subject matters of verification of sector-level GHG emissions mitigation report

1. Suitability of regulatory policies and measures for GHG emissions mitigation for sectoral development strategies, plannings and plans, including:

a) Compare regulatory policies and measures for GHG emissions mitigation against sectoral development strategies, plannings and plans so as to ensure consistency and suitability for sectoral priority objectives for socio-economic development;

b) Consider the feasibility of financial, technological, and human resources, and the implementation schedule of sectoral GHG emissions mitigation policies and measures.

2. Reliability and adequacy of GHG inventory information/data and BAU scenario in the planning period, including:

a) Consider the adequacy of the report’s items as prescribed in Form No. 01 in Appendix III enclosed with the Decree No. 06/2022/ND-CP;

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c) Consider the transparency, appropriateness and justifications for assumptions used to develop the sectoral BAU scenario, ensuring their suitability for national and sectoral socio-economic development forecasts and IPCC’s guidelines.

3. Appropriateness of methods for quantifying GHG emission reductions included in regulatory policies and measures for GHG emissions mitigation, including:

a) Review methods for quantifying GHG emission reductions which should be conformable with IPCC’s guidelines and regulations of relevant laws;

b) Consider the effectiveness of GHG emissions mitigation policies and measures, and the determination of calculation boundaries so as to control GHG leakage risk;

c) Review the formulas for calculating GHG emission reductions.

4. Accuracy and reliability of GHG emission reductions compared to those defined in the BAU scenario in the planning period, including:

a) Carry out re-calculation or verification of a representative sample from the measure with the largest GHG emissions reduction potential of the sector;

b) Review contents about uncertainty assessment in GHG emission reductions.

5. Possibility for double counting of GHG emission reductions, including:

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b) Compare with the information on the National Registration System for GHG emission allowances and carbon credits so as to ensure that no double-counting occurs during the implementation of Nationally Determined Contributions (NDCs).”

5. Article 12 is amended as follows:

  “Article 12. Subject matters of review of facility-level GHG inventory results

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

a) Consider the adequacy of the report’s items as prescribed in Form No. 06 in Appendix II enclosed with the Decree No. 06/2022/ND;

b) Check and compare the list of emission sources and sinks, and GHG types against technical guidelines issued by the relevant sectoral Ministry;

c) Consider the adequacy of data and information on approaches to activity data collection, GHG emission factors, and assumptions used.

2. GHG inventory scope:

a) Review the GHG inventory boundaries described in the report;

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6. Article 13 is amended as follows:

  “Article 13. Subject matters of review of facility-level GHG emissions mitigation report

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

a) Consider the adequacy of the report’s items as prescribed in Form No. 02 in Appendix III enclosed with the Decree No. 06/2022/ND-CP;

b) Review the description of the GHG emission mitigation measure, including technologies, processes, scope and duration of application;

c) Consider the adequacy of activity data, technical parameters used to set the GHG emission baselines before the implementation of GHG emission mitigation measures;

d) Consider the adequacy of activity data in the reporting period, monitoring, measurement and data collection performed by the facility.

2. Review the suitability of the implemented GHG emission mitigation measures for the facility’s GHG emission mitigation plan.”

7. Article 16 is amended as follows:

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1. Any producers of the controlled substances specified in point a clause 1 Article 24 of the Decree No. 06/2022/ND-CP shall be required to strictly comply with regulations on registration of use of such controlled substances, application for grant of production quotas, and reporting thereon enshrined in the Decree No. 06/2022/ND-CP.

2. Any importers of the controlled substances specified in point b clause 1 Article 24 of the Decree No. 06/2022/ND-CP shall:

a) Strictly implement the management measures and validity period for the controlled substances specified in Appendix III.2 and Appendix III.3 enclosed herewith;

b) Clearly provide description of each of the imported controlled substances which bear the same HS code on customs declarations when following customs procedures;

c) Submit reports as prescribed, and cooperate with and provide information at the request of supervisory authorities.

3. Any producers/importers of equipment or products containing or made of the controlled substances specified in point c clause 1 Article 24 of the Decree No. 06/2022/ND-CP shall be required to follow procedures for registration of use and reporting on such controlled substances as prescribed in the Decree No. 06/2022/ND-CP.”.

8. Article 17 is amended as follows:

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

1. Users of the controlled substances or equipment/products containing the controlled substances specified in clause 6 Article 92 of the Law on Environmental Protection include:

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b) Producers or importers of equipment or products containing or made of the controlled substances specified in point c clause 1 Article 24 of the Decree No. 06/2022/ND-CP;

c) Owners of equipment containing controlled substances specified in point d clause 1 Article 24 of the Decree No. 06/2022/ND-CP, as amended by point b clause 21 Article 1 of the Decree No. 119/2025/ND-CP;

d) Providers of such services as collection, recycling, reuse and treatment of the controlled substances specified in point dd clause 1 Article 24 of the Decree No. 06/2022/ND-CP;

dd) Providers of installation, repair and maintenance services for refrigeration and air-conditioning equipment.

2. Responsibility for collection, recycling, reuse and treatment of controlled substances contained in equipment or products which are no longer in use:

a) Owners of equipment containing controlled substances, including: air conditioners with a rated cooling capacity greater than 26,5 kW (90.000 BTU/h) and with a total rated cooling capacity greater than 586 kW (2.000.000 BTU/h); industrial refrigeration equipment with electrical capacity greater than 40 kW, shall continue collecting, recycling, reusing and treating such controlled substances contained in these equipment pieces or products when they are no longer in use according to the rules set out in clause 1 Article 28 of the Decree No. 06/2022/ND-CP;

b) Owners of equipment containing controlled substances, including: air conditioners with a rated cooling capacity greater than 26,5 kW (90.000 BTU/h) and with a total rated cooling capacity greater than 586 kW (2.000.000 BTU/h), shall follow registration procedures, submit reports on, and carry out collection, recycling, reuse and treatment of such controlled substances contained in these equipment pieces or products when they are no longer in use according to relevant regulations laid down in the Decree No. 06/2022/ND-CP, as amended by the Decree No. 119/2025/ND-CP;

c) Producers/importers of equipment or products containing or made of the controlled substances, with a rated cooling capacity smaller than 26,5 kW (90.000 BTU/h) or with electrical capacity smaller than 40 kW, shall carry out collection, recycling, reuse and treatment of such controlled substances contained in these equipment pieces or products when they are no longer in use from January 01, 2028 according to the rules set out in clause 1 Article 28 of the Decree No. 06/2022/ND-CP.

3. Technicians in charge of installing, operating, maintaining and repairing equipment containing controlled substances as prescribed in clause 4 Article 28 of the Decree No. 06/2022/ND-CP are required to possess an intermediate-level diploma or higher in one of the following majors:

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b) Electronics and building energy engineering;

c) Mechanical engineering, heating and air conditioning technology;

d) Refrigeration equipment installation;

dd) Maintenance and repair of thermal equipment;

e) Refrigeration machine and air conditioning engineering;

g) Refrigeration equipment operation and repair;

h) Refrigeration electromechanical engineering in fisheries sector;

i) Rural electromechanical engineering;

k) Automotive technology.

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5. Provincial-level People’s Committees shall assign their affiliated specialized agencies to disseminate and provide instructions on the application of national technical regulations on collection, transport, storage, recycling, reuse, and treatment of controlled substances to relevant parties; receive conformity declarations from organizations and individuals, compile and submit lists to competent authorities as prescribed by the law on technical regulations and standards; carry out inspection and supervision of compliance with regulations on conformity declarations for recycled controlled substances, and relevant regulations of law on trading of products and goods.”

9. Article 18 is amended as follows:

  “Article 18. Guidance on implementation of roadmap for management, exclusion of controlled substances contained in equipment and products or used for producing equipment and products

1. Production/import of the following equipment and products shall be carried out from January 01, 2029:

a) Transport refrigeration equipment using HCFC-22;

b) Chillers which do not use HFC-404A and controlled substances having the global warming potential (hereinafter referred to as “GWP”) greater than 2.100;

c) Commercial refrigeration equipment and industrial refrigeration equipment which do not use HCFC-22, HFC-507A, HFC-404A and controlled substances having GWP greater than 1.800;

d) Heat pump water heaters, portable air conditioners which do not use HFC-410A, HFC-407C and controlled substances having GWP greater than 1.500;

dd) Residential air conditioners and packaged/variable refrigerant flow/variable refrigerant volume (PAC/VRV/VRF) systems which do not use HCFC-22, HFC-410A, HFC-407C, HFC-134a and controlled substances having GWP greater than 750;

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2. Production/import of the following equipment and products shall be carried out from January 01, 2035:

a) Chillers, commercial refrigeration equipment, and transport refrigeration equipment which do not use HFC-410A and controlled substances with GWP greater than 1.500;

b) Industrial refrigeration equipment and portable air conditioners which do not use HFC-410A, HFC-407C, HFC-134a and controlled substances having GWP greater than 750;

3. Production/import of the following equipment and products shall be carried out from January 01, 2040:

Chillers, commercial refrigeration equipment, transport refrigeration equipment, and heat pump water heaters which do not use HFC-134a and controlled substances having GWP greater than 750.

4. Production/import of the following equipment and products shall be carried out from January 01, 2045:

a) Residential air conditioners, heat pump water heaters, chillers, PAC/VRV/VRF systems, commercial refrigeration equipment, industrial refrigeration equipment, transport refrigeration equipment, and foam insulation manufacturing equipment which do not use HFC-32 and controlled substances having GWP greater than 150;

b) Fire protection equipment and portable air conditioners which do not use HFC-32 and controlled substances having GWP greater than 3.”

10. The word “huyện” (“district”) in Section II, Section III and Section IV of Appendix I.1 enclosed with the Circular No. 01/2022/TT-BTNMT is abrogated.

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12. The phrase “Bộ Tài nguyên và Môi trường” (“Ministry of Natural Resources and Environment”) is replaced with the phrase “Bộ Nông nghiệp và Môi trường” (“Ministry of Agriculture and Environment of Vietnam”) in clause 1 Article 5, clause 3 Article 7, clause 2 Article 21, Section II of Appendix I.2 enclosed with the Circular No. 01/2022/TT-BTNMT; the phrase “Bộ Nông nghiệp và Phát triển nông thôn” (“Ministry of Agriculture and Rural Development of Vietnam”) is replaced with the phrase “Bộ Nông nghiệp và Môi trường” (“Ministry of Agriculture and Environment of Vietnam”) in Section II of Appendix I.2 and Appendix III.2 enclosed with the Circular No. 01/2022/TT-BTNMT; the phrase “Bộ Giao thông vận tải” (“Ministry of Transport”) is replaced with the phrase “Bộ Xây dựng” (“Ministry of Construction of Vietnam”) in section II of Appendix I.2 enclosed with the Circular No. 01/2022/TT-BTNMT.

Article 2. Abrogation of some Articles, Clauses and Appendixes enclosed with Circular No. 01/2022/TT-BTNMT

The following are abrogated:

1. Article 14.

2. Clause 1 and clause 4 Article 15.

3. Appendix II.

4. Appendix III.1 and Appendix III.4 in Appendix III.

Article 3. Transition 

Facility-level GHG inventory reports which have been received by specialized agencies affiliated to provincial-level People’s Committees before the effective date of this Circular shall continue to be processed in accordance with regulations of law in force at the time of receipt, unless provisions of this Circular are applied at the request of relevant organizations or individuals.

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1. This Circular comes into force from August 01, 2025.

2. From the effect date of this Circular, the documents and regulations listed hereunder shall cease to have effect: 

a) Article 3 of the Circular No. 07/2025/TT-BNNMT dated June 16, 2025 of the Minister of Agriculture and Environment of Vietnam prescribing distinction and delegation of power for state management of environment and climate change fields;

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

c) Clause 2 Article 1 of the Circular No. 19/2023/TT-BTNMT dated November 15, 2023 of the Minister of Natural Resources and Environment of Vietnam providing amendments to and abrogation of certain Circulars falling under promulgation jurisdiction of the Minister of Natural Resources and Environment of Vietnam.

Article 5. Implementation organization

1. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of the People’s Committees at all levels, and relevant organizations and individuals are responsible for the implementation of this Circular.

2. Any difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Agriculture and Environment of Vietnam for consideration./.

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PP. MINISTER
DEPUTY MINISTER




Le Cong Thanh