Thông tư 09/2012/TT-BCT

CIRCULAR

PROVIDING FOR ELABORATION OF PLANS, REPORT ON IMPLEMENTATION OF PLANS ON ECONOMICAL AND EFFICIENT ENERGY USE; IMPLEMENTATION OF ENERGY AUDIT

Pursuant to the Law on economical and efficient energy use dated June 17, 2010;

Pursuant to the Government’s Decree No. 21/2011/ND-CP dated March 29, 2011 detailing the Law on economical and efficient use of energy and measures for its implementation;

Pursuant to the Government’s Decree No. 189/2007/ND-CP dated December 27, 2007 defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 44/2011/ND-CP dated June 14, 2011 amending and supplementing Article 3 of the Government’s Decree No. 189/2007/ND-CP dated December 27, 2007 defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

The Minister of Industry and Trade details clause 2 Article 33, clause 4 Article 37 of the 2010 Law on economical and efficient use of energy; clause 3 Article 10, clause 2 Article 25 of the Government’s Decree No. 21/2011/ND-CP dated March 29, 2011 detailing the Law on economical and efficient use of energy and measures for its implementation as follows:

Section 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides for:

1. Elaboration of plans, report on implementation of annual, five-year plans on economical and efficient energy use of the key energy-using establishments

2. Elaboration of plans and annual report on energy use of agencies, units financed by the State budget.

3. Orders, procedures for implementation of energy audit.

Article 2. Subjects of application

This Circular applies to:

1. Key energy-using establishments (hereinafter referred to as establishments).

2. Agencies, units financed by the State budget (hereinafter referred to as agencies, units).

3. Energy audit organizations.

4. Other relevant organizations and individuals.

Article 3. Interpretation of terms

In this Circular, the following terms are construed as follows:

1. Electronic information portal means the sole access point of users on the network environment,linking and integrating information channels, services and applications, through that, users may exploit, use and personalize the information display.

2. The database means a collection of data organized, sorted systematically under a definite method so as to access, exploit, manage and update through electronic means.

3. Data means information in forms of symbols, letters, numbers, images, sound or similar forms.

4. The system of national energy database means a system to access, exploit, manage and update the database on national energy use.

5. Data message means information set up, sent and received or saved by electronic method.

6. Website means information page or a collection of information pages in the network environment, serving for supply and exchange of information.

8. E-documents mean documents presented in the form of data message.

Section 2.

ELABORATION OF PLANS AND MAKING REPORTS ON IMPLEMENTATION OF PLANS ON ECONOMICAL AND EFFICIENT ENERGY USE

Article 4. General provisions on method to register plans and make reports on implementation of plans on economical and efficient energy use

1. Establishments and agencies, units perform registration for plans, make reports on implementation of plans and reports on economical and efficient energy use as follows:

a. Establishments and agencies, units access into internet network, register plans, make reports on implementation of plans on economical and efficient energy use through the website of system of national energy the database;

b. If establishments, agencies, units fail to access into internet network, the registration of plans, making of reports on implementation of plans on economical and efficient energy use shall be implemented in writing; establishments, agencies, units must have commitments on ensuring the authenticity and take responsibility for data, have signature of responsible persons for data in documents, signature of heads and seal of establishments, agencies, units.

2. The registration of plans, making of reports on implementation of plans on economical and efficient energy use of establishments shall be implemented by sending to the respective provincial management Departments in localities (hereinafter referred to as the provincial management Department) as follows:

a. Establishments operating in field of industry production and agencies, units shall send dossiers, reports to the provincial Departments of Industry and Trade;

b. Establishments operating in field of construction shall send dossiers, reports to the provincial Departments of Construction;

c. Establishments operating in field of agricultural production shall send dossiers, reports to the provincial Departments of Agriculture and Rural Development;

d. Establishments operating in field of transport shall send dossiers, reports to the provincial Departments of Transport.

Article 5. Elaboration of annual plans and making reports on implementation of annual plans on economical and efficient energy use of the establishments

1. Annually, establishments must elaborate annual plans and make reports on implementation of annual plans on economical and efficient energy use of establishments and register with the provincial management Departments.

2. Annual plans and reports on implementation of annual plans on economical and efficient energy use of establishments include contents specified in Annex I promulgated together with this Circular.

3. Elaboration and registration of annual plans and reports on implementation of annual plans on economical and efficient energy use of the establishments shall be performed according to orders, procedures as follows:

a. Accessing into website of the system of national energy database, entering data according to steps and processes as guided on the website;

b. Sending written notice according to the form in Annex II promulgated together with this Circular to the provincial management Departments specified in clause 2 Article 4 of this Circular, notices on plans and reports on implementation of annual plans of establishments have been saved on website of the system of national energy database;

c. If establishments receive the written opinions of the provincial management Departments requesting for amendment, adjustment, establishments must implement amendment, adjustment of plans and reports on implementation of plans on the website.

Establishments shall send the written notice on amendment, adjustment to the provincial management Department, concurrently copy and send to the provincial Department of Industry and Trade in localities so as to register plans and make reports on implementation of annual plans on economical and efficient energy use.

4. Registration of annual plans and making reports on implementation of annual plans on economical and efficient energy use of establishments must be completed not later than January 15 of every year.

5. Establishments shall implement full annual plans on economical and efficient energy use after plans have been registered.

Article 6. Elaboration of 5-year plans and making of reports on implementation of 5-year plans on economical and efficient energy use of the establishments

1. Establishments must elaborate 5-year plans and make reports on implementation of 5-year plans on economical and efficient energy use of establishments and register with the provincial management Departments.

2. The 5-year plans and reports on implementation of 5-year plans on economical and efficient energy use of establishments include contents specified in Annex III promulgated together with this Circular.

3. Elaboration and registration of 5-year plans and reports on implementation of 5-year plans on economical and efficient energy use of the establishments shall be performed according to processes, procedures as follows:

a. Accessing into website of the system of national energy database, entering data according to steps and processes as guided on the website;

b. Sending written notice according to the form in Annex II promulgated together with this Circular to the provincial management Departments, notices on plans of establishments are saved on website of the system of national energy database;

c. If establishments receive the written opinions of the provincial management Departments requesting for amendment, adjustment, establishments must implement amendment, adjustment of 5-year plans on the website.

Establishments shall send the written notice on amendment, adjustment to the provincial management Departments, concurrently copy and send to the provincial Departments of Industry and Trade in localities so as to register their 5-year plans.

d. Reports on implementation of 5-year plans shall be automatically calculated and updated through the system of national energy database based on results of reports on implementation of annual plans of establishments.

4. Registration of 5-year plans must be finished not later than January 15 of the first year of each period of 5-year plan

5. Establishments shall implement full the 5-year plans on economical and efficient energy use after plans have been registered.

Article 7. Elaboration of annual plans and making annual reports on energy use of agencies, units

1. Annually, agencies, unit shall elaborate, register plans and make reports on enregy use according to contents specified in the form 1.7 of Annex I promulgated together with this Circular and send them to the provincial Departments of Industry and Trade.

2. Elaboration and registration of annual plans and making reports on annual energy use of agencies, units shall be performed according to orders, procedures as follows:

a. Accessing into website of the system of national energy database, entering data according to steps and processes as guided on the website;

b. Sending written notice according to the form in Annex II promulgated together with this Circular to the provincial Departments of Industry and Trade, notices on plans and reports on energy use of agencies, units have been saved on website of the system of national energy database;

c. If agencies, units receive the written opinions of the provincial Departments of Industry and Trade requesting for amendment, adjustment, they must implement amendment, adjustment of plans and reports on energy use on the website.

Agencies, units shall send the written notice on amendment, adjustment to the provincial Departments of Industry and Trade in their localities so as to register 5-year plans and make reports on annual energy use.

3. Registration of annual plans and making reports on annual energy use of agencies, units must be finished not later than January 15 of every year.

4. Agencies, units financed by the State budget shall implement full annual plans after plans have been registered; fully abide by provisions in Articles 30 and 31 of the Law on economical and efficient energy use.

Article 8. Responsibilities of the provincial management Departments for elaboration of plans and reports on implementation of plans on economical and efficient energy use of the establishments

1. The provincial management Departments shall:

a. Consider, assess plans and reports on implementation of annual, 5-year plans on economical and efficient energy use after receiving notice of the establishments specified in Articles 5, 6 and 7 of this Circular;

c. Have opinions in writing in which clearly state requirements and guide for establishments in correcting the contents of plans and reports on implementation of plans;

c. Send documents to the provincial Departments of Industry and Trade after the provincial management Departments approve the content of plans, reports on implementation of annual, 5-year plans on economical and efficient energy use of establishments.

d. In case where the plans and reports on implementation of annual, 5-year plans of establishments fail to implement on the Internet network, the provincial management Departments shall enter data of such establishments into the system of national energy database.

2. Coordinating with the provincial Departments of Industry and Trade in periodically examining, guiding, urging, assisting establishments to implement the contents of plans and make reports on implementation of annual, 5-year plans on economical and efficient energy use as registered.

3. The provincial management Departments shall send notice on approval to the provincial Departments of Industry and Trade about plans and reports on implementation of annual, 5-year plans of establishments not later than February 15 of every year.

Article 9. Time limit of confirmation for registration of plans, reports on implementation of annual, 5-year plans on economical and efficient energy use

The provincial Departments of Industry and Trade shall directly confirm on electronic documents as guided by the system of national energy database within 15 working days:

1. After approving plans, reports on implementation of the annual, 5-year plans of establishments in the field of industry production and agencies, units.

2. After receiving notice on approval of the provincial management Departments relating to registration of plans, reports on implementation of annual, and 5-year plans of establishments.

Section 3.

ENERGY AUDIT

Article 10. Implementation of energy audit

1. To conduct preliminary survey to detect and propose opportunities for energy-saving without investment or only with small investment for the key energy-using establishments to perform; determine requirements and implement measure, survey in details means, devices, technology lines selected or entire establishments.

2. Result of energy audit is a report on energy audit submitted to leaders of establishments subject to energy audit, including full figures of survey, measure, specific calculation, reflect of technologies, energy use of establishments and solutions for energy-saving that are proposed according to priority order, with full analysis on expenses, benefits of each proposal for establishments to select in carrying out application.

3. Steps to implement energy audit and contents of report on energy audit specified in Annex IV promulgated together with this Circular.

4. Within 30 days, after implementing energy audit, establishments shall send reports on energy audit to the provincial Departments of Industry and Trade.

Section 4.

ORGANIZATION FOR IMPLEMENTATION

Article 11. Responsibilities of Genreal Department of Energy

1. To supervise and examine the energy use of establishments and agencies, units.

2. To coordinate with provincial People’s Committees, economic groups, state corporations in making List of the key energy-using establishments nationwide, and report to the Minister to submit to the Prime Minister for annual announcement.

3. To coordinate with the provincial management Departments in guiding, urging establishments to make plans and reports on implementation of annual, 5-year plans on economical and efficient energy use, guide implementation of regulations on economical and efficient energy use.

4. To organize and announce the annual national energy database and elaborate the regime or management and accessing of data for organizations, individuals having needs as prescribed by law.

5. To support establishments to implement energy audit and other obligations specified in this Circular.

6. To implement science research and technological development, serve target of economical and efficient energy use, apply the common techniques of energy-saving that have been affirmed to be effective clearly in real.

Article 12. Responsibilities of the provincial Departments of Industry and Trade

Apart from responsibilities specified in other Articles of this Circular, the provincial Departments of Industry and Trade have the following reponsibilities:

1. Coordinating with the General Department of Energy in guiding, urging, examining implementation of economical and efficient energy use.

2. Proposing to provincial People’s Committees for application of mechanisms, policies with the aim to boost the economical and efficient use of energy in localities as prescribed by law and provisions in this Circular.

3. To hold assessment and contribution of opinions for investment programs and projects for target of economical and efficient energy use which are proposed by the production establishments in localities; report to the Presidents of the provincial People’s Committees or the Ministry of Industry and Trade to request for consideration in support partly for funding to implement.

4. To examine, supervise, inspect implementation of this Circular within their local management scope.

5. To assume the prime responsibility for, and coordinate with relevant agencies in information, propagation on activities of economical and efficient energy use in localities; timely encourage and reward organizations and individuals with achievements and timely handle mistakes in activities of economical and efficient energy use.

6. To assume the prime responsibility for, and coordinate with the provincial management Departments in examining, urging, guiding the key energy-using establishments to implement fully obligations specified in this Circular.

7. To guide, urge agencies and units financed by the State budget having head offices located in their localities in implementing full responsibilities for making annual plans and annual reports on energy use specified in this Circular.

8. To make List of the key energy-using establishments in their localities, report it to the provincial People’s Committees and send it to the Ministry of Industry and Trade before February 01^st of every year.

9. To implememt other tasks on economical and efficient energy use upon being delegated by the Ministry of Industry and Trade.

Article 13. Responsibilities of Economic Groups, State Corporations

Economic Groups, State Corporations shall:

1. Popularize, grasp thoroughly contents and direct, urge, assist establishments being members of Economic Groups, State Corporations in fully implementing provisions in this Circular.

2. Coordinate with and assist the provincial management Departments in carrying out activities of economical and efficient energy use.

3. Specifically define targets of energy-saving in conformity with production and business conditions of Economic Groups, State Corporations.

4. Elaborate programs on economical and efficient energy use to apply in whole Economic Groups, State Corporations.

5. Select and direct their affiliated units in implementing measures of management and suitable technological application to regularly improve the energy use, reduce the energy intensity, down criteria on energy consumption over a product unit.

Article 14. Annual reports on energy use, implementation of energy audit of establishments not in List of the key energy-using establishments

1. The production establishments in fields of industry, agriculture, construction and transport establishments having the level of energy use lower than provision in Article 6 of the Decree No. 21/2011/ND-CP are encouraged for making the annual reports on the energy use according to Annex V promulgated together with this Circular and sending them to the provincial Departments of Industry and Trade before the January 15th of every year.

2. The production establishments in fields of industry, agriculture, construction and transport establishments not in List of the key energy-using establishments are encouraged to periodically implement the energy audit under period of 3 years or 5 years once with the aim to define opportunities for energy-saving, to select application of measures on economical and efficient energy use.

Article 15. Implementation provisions

1. This Circular takes effect on June 05, 2012.

2. In the course of implementation, any arising problems should be reported to the Ministry of Industry and Trade for timely suitable amendment and supplementation.