What are the requirements and steps of allocation, adjustment and supplementation of controlled substance manufacture/import quotas in Vietnam?
- What are the requirements for of allocation, adjustment and increase of controlled substance manufacture/import quotas in Vietnam?
- What are the steps of allocating remaining quotas in Vietnam?
- What are the procedures of allocation, adjustment, supplementation and cancelation of allocation of controlled substance manufacture/import quotas in Vietnam?
What are the requirements for of allocation, adjustment and increase of controlled substance manufacture/import quotas in Vietnam?
Pursuant to Article 25 of Decree 06/2022/ND-CP, the requirements for of allocation, adjustment and increase of controlled substance manufacture/import quotas in Vietnam are as follows:
- Manufacture/import quotas are applied to the controlled substances prescribed in Point e Clause 1 Article 22 and Clause 1 Article 23 hereof.
- The quota allocated each year to the organizations must not exceed the total national consumption of the controlled substances.
- The annual allocation of controlled substance manufacture/import quota to an organization is determined according to the quota management requirement, demands and average consumption of the organization in the last 3 years. The total allocated quota must not exceed 80% of the quota prescribed in Clause 2 hereof.
- Organizations allocated quotas may only use quotas in the year in which they are allocated.
- The allocation of controlled substance manufacture/import quotas to organizations which register after December 31, 2022 is determined on the basis of assessment of quota using demand registration application, company’s capacity dossier and balance of the total remaining national quota.
- Organizations using GHGs with low global warming potential may request increase in manufacture/import quota according to rating based on consumption rates expressed as CO2 equivalent of the organizations in the last 3 years.
- Quotas shall be adjusted or increased at the request of the requesting organization and according to the organization's use of allocated the quotas and the remaining national quota.
- Organizations which import controlled substances according to the allocated quotas and then export them may request increase in import quota that do not exceed the export amount.
What are the steps of allocating remaining quotas in Vietnam?
Pursuant to Clause 4, Article 25 of Decree No. 06/2022/ND-CP, the allocation of remaining quotas is carried out according to the priority orders as follows:
- Organizations that use controlled substances with low global warming potential have and wish to have their quota increased. The low global warming potential is determined according to the national plan on management and phaseout of controlled substances of Vietnam;
- Organizations that register after December 31, 2022;
- Organizations that have been allocated quotas and wish to have their quotas increased.
What are the procedures of allocation, adjustment, supplementation and cancelation of allocation of controlled substance manufacture/import quotas in Vietnam?
Pursuant to Article 26 of Decree 06/2022/ND-CP, the procedures of allocation, adjustment, supplementation and cancelation of allocation of controlled substance manufacture/import quotas in Vietnam are as follows:
- According to the regulations in Articles 24 and 25 hereof, within 30 working days, the Ministry of Natural Resources and Environment shall consider allocation of manufacture/import quotas to the organizations according to the regulations in Form No. 03A of Appendix VI issued herewith by the following activities:
+ Reviewing and assessing registration information and reporting using status of controlled substances of organizations;
+ Comparing the total national consumption with goals and requirements of management of the controlled substances;
+ Organizing site inspection in order to verify registration information, assess documents about manufacture capacity and technology if necessary;
+ Asking for opinions in writing of the Ministry of Industry and Trade on quota allocation plan. The Ministry of Industry and Trade shall provide opinions within 10 working days after receiving the enquiry form.
- The organization that wishes to have manufacture/import quotas of the controlled substances adjusted or increase shall submit a request application according to Form No. 04 of Appendix issued herewith to the Ministry of Natural Resources and Environment in person, online medium or by portal service before July 10 every year. Quota shall be adjusted or increased in order of quota allocation. The Ministry of Natural Resources and Environment shall consider and decide adjustment or increase of manufacture/import quotas within 30 working days according to Form No. 03B of Appendix VI issued herewith.
- The climate change authority shall notify allocation, adjustment and increase of controlled substance manufacture/import quotas to the applying organization within 03 working days according to Form No. 05B of Appendix VI issued herewith.
- The decisions on allocation, adjustment or increase of import quotas shall provide the basis for import/export control of the Ministry of Finance. An import organization shall submit the following documents to the customs authorities after carrying out import procedures:
+ An notification of allocation, adjustment or increase of controlled substance manufacture/import quotas issued by the climate change authority: 01 original;
+ Other documents according to the law on customs.
The monitoring of quota deduction shall be implemented through the National Single Window Portal once it is connected.
- The Ministry of Natural Resources and Environment shall cancel allocation of controlled substance manufacture/import quotas according to Form No. 06 of Appendix VI issued herewith in the following cases:
+ Information in the report prescribed in Point b Clause 1 of this Article is incorrect;
+ The decision on allocation, adjustment or increase of controlled substance manufacture/import quotas is illegally used or transferred;
+ Other violations according to the law.
The climate change authority shall notify cancelation of controlled substance manufacture/import quota allocation to the relevant authorities and organizations within 03 working days from the date of the decision on cancelation of the quota allocation.
Thus, the Ministry of Natural Resources and Environment appoints the climate change authority to review, assess, and summarize registration, reporting and other activities to allocate, adjust, supplement of controlled substance manufacture/import quotas.
Accordingly, the Ministry of Natural Resources and Environment shall coordinate with relevant state management agencies to connect the national single-window portal system with the online public service system under its management to allocate quotas and manage controlled substance import on the system before June 30, 2022.
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