Energy Audit and Energy Efficiency Incentives (part of 21/2011/ND-CP)

Country / jurisdiction: Viet Nam · Year: 2011 · Status: In force · Level: National · Type: Voluntary

This policy forms part of the Regulations and Measures for Enforcing Energy and Efficiency Energy Use (21/2011/ ND-CP)

The policy combines energy auditing, investment incentives, and tax exemptions for efficient equipment to promote energy efficiency and ensure compliance.

MEASURES TO PROMOTE ECONOMICAL AND EFFICIENT USE OF ENERGY

Article 24. Application of managerial and technological measures for economical and efficient use of energy

1. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with concerned ministries and ministerial-level agencies in, providing managerial and technological measures encouraged or compulsory for application to industrial production under Articles 9, 10, 11, 12 and 13 of the Law on Economical and Efficient Use of Energy.

2. The Ministry of Construction shall assume the prime responsibility for, and coordinate with concerned ministries and ministerial-level agencies in, providing managerial and technological measures encouraged or compulsory for application to construction activities under Article 15 of the Law on Economical and Efficient Use of Energy.

3. The Ministry of Transport shall assume the prime responsibility for, and coordinate, with concerned ministries and ministerial-level agencies in, providing managerial and technological measures encouraged or compulsory for application to transport activities under Article 19 of the Law on Economical and Efficient Use of Energy.

4. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with concerned ministries and ministerial-level agencies in, providing managerial and technological measures encouraged or compulsory for application to agricultural production under Articles 22 and 23 of the Law on Economical and Efficient Use of Energy.

Article 25. Energy audit and reporting on energy use at establishments outside the list of major energy users

1. Establishments outside the list of major energy users are encouraged to regularly conduct energy audit and report on their energy use.

2. State management agencies in charge of economical and efficient use of energy shall guide and assist establishments in conducting energy audit and reporting on their energy use like major energy users.

Article 26. National target program on economical and efficient use of energy

1. The national target program on economical and efficient use of energy covers the following principal contents:

a) Completion of the institutional framework, updating of standards and technical regulations related to energy saving;

b) Propaganda, dissemination, guidance and education to raise public awareness about economical and efficient use of energy;

c) Study and development of projects to apply science and technology for raising energy yield in industrial production, construction, transport, agriculture and services;

d) Support for projects to promote economical and efficient use of energy.

2. Funds for the national target program on economical and efficient use of energy come from:

a) State budget funds for the national target program on economical and efficient use of energy outside annual state budget funds for science and technology;

b) Funds originated from and outside the state budget;

c) Contributions and donations of Vietnamese organizations and individuals, overseas Vietnamese and foreign organizations and individuals;

d) Other lawful sources under law.

3. Implementation of the national target program on economical and efficient use of energy is provided as follows:

a) The Prime Minister shall approve, and direct the implementation, examination and evaluation of the implementation of, the national target program on economical and efficient use of energy;

b) The standing body for the national target program on economical and efficient use of energy is based in the Ministry of Industry and Trade. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with concerned ministries and ministerial-level agencies in, formulating contents, tasks and management mechanisms of the national target program on economical and efficient use of energy;

c) The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade in, adopting a financial mechanism for the national target program on economical and efficient use of energy;

d) Based on the national target program on economical and efficient use of energy, ministers, heads of ministerial-level agencies and chairpersons of provincial-level People's Committees shall perform their assigned and decentralized tasks.

Article 27. Investment incentives

Investment projects to manufacture energy-efficient devices and equipment; and upgrade production chains and expand production scales with energy-efficient technologies are entitled to supports under current regulations on investment credit and investment incentives.

Article 28. Support for the manufacture and import of energy-efficient devices and equipment; renewable energy-consuming devices and equipment, and energy audit

1. The State provides tax incentives and supports in capital and land for manufacturers of domestic energy-efficient products and renewable energy-consuming products to build manufacture facilities.

2. Energy-efficient and renewable energy-consuming devices and equipment, parts and components which are domestically unavailable are entitled to import duty exemption and reduction under the tax law, including:

a) Devices, equipment, parts and supplies for research into development and renovation of energy-efficient technologies, programs on survey, research, trial manufacture and formulation of typical projects to use renewable energy;

b) Parts and components for the manufacture of energy-efficient lighting devices and equipment; devices and equipment using solar and wind power;

c) Energy-efficient products, fuel-efficient vehicles and vehicles running on liquefied gas, natural gas, electricity, mixed fuel or bio-fuel which are domestically unavailable.

3. The national target program on economical and efficient use of energy shall partly fund energy users for conducting energy audits for the first time.

4. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with the Ministry of Finance and concerned ministries and sectors in, making a detailed list of imported devices, equipment, parts and components provided in Clause 2 of this Article for submission to the Government for promulgation.

5. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade and concerned ministries and sectors in, detailing the tax exemption and reduction and financial support provided in Clauses 1, 2 and 3 of this Article.

Article 29. Raising of awareness about economical and efficient use of energy

1. Ministries, sectors and provincial-level People's Committees may conduct public information and propaganda activities in the mass media to raise public awareness about and encourage people's participation in economical and efficient use of energy.

2. Measures to raise awareness about economical and efficient use of energy include:

a) To train and develop energy management personnel for establishments, sectors and localities;

b) To popularize energy saving through the educational system of all levels and the mass media;

c) To introduce energy saving activities into the operation of science and technology associations and mass organizations;

d) To organize showrooms of energy -efficient products and competitions on energy saving initiatives.

EXAMINATION AND INSPECTION OF ECONOMICAL AND EFFICIENT USE OF ENERGY

Article 30. Contents of examination and inspection of economical and efficient use of energy

1. Reporting regimes and contents and planning of economical and efficient use of energy and energy audit at major energy users.

2. Operations of energy audit consultancy institutions.

3. Reporting regimes and statistics on manufacture and import of devices and equipment on the list of devices and equipment subject to energy labeling.

4. Compliance with regulations on energy labeling.

5. Compliance with regulations on economical and efficient use of energy at state budget-funded agencies and units.

6. Provisions on prohibited acts provided in Article 8 of the Law on Economical and Efficient Use of Energy.

Article 31. Powers and responsibilities for examination and inspection of economical and efficient use of energy

1. Competent energy state management agencies shall regularly examine energy use by major users; and examine energy labeling for devices and equipment as provided by the Prime Minister.

2. When inspecting economical and efficient use of energy, inspection teams and inspectors shall:

a) Comply with the inspection law regarding their powers and inspection order and procedures; not harass, trouble and obstruct production and business activities of inspected entities,

b) Promptly take lawful measures to stop and handle violations of the law on economical and efficient use of energy; take responsibility before law for their inspection conclusions and handling measures.

Article 32. Rights and obligations of entities subject to inspection of economical and efficient use of energy

Entities subject to inspection of economical and efficient use of energy have the following rights and obligations:

1. To provide inspection-related documents to inspection teams and inspectors.

2. To create conditions for inspection teams and inspectors to perform their tasks.

3. To observe handling decisions of inspection teams and inspectors.

4. To perform other rights and obligations under the inspection law.

Official source: http://vbpl.vn/TW/Pages/vbpqen-toanvan.aspx?ItemID=10583&Keyword=21/2011