Research and propose a legal framework for stakeholders in the national mrv system in vietnam

1098 RESEARCH AND PROPOSE A LEGAL FRAMEWORK FOR STAKEHOLDERS IN THE NATIONAL MRV SYSTEM IN VIETNAM Pham Thanh Long1, Doan Quang Tri2*, Vuong Xuan Hoa3, Ngo Thanh Tam2 1 Sub-Institute of Hydrometeorology and Climate Change 2 Viet Nam Meteorological and Hydrological Administration 3Institute of Hydrometeorology and Climate Change *Email: doanquangtrikttv@gmail.com Abstract In order to develop and complete the legal framework for the national MRV system, a number of prerequisites need to be taken such as: defining the roles and positions of stakeholders and implementing agencies with human necessary resources; identify national processes, procedures and policies for management and implementation of greenhouse gas emission reductions. The establishment of a national system of greenhouse gas inventories is the first step in developing a national MRV system. Some proposals and recommendations on MRV in this study are based on the views of the Ministry of Natural Resources and Environment and related parties. In particular, proposals on integrating issues of MRV into the framework of institutional climate change have been established with specific roles and positions of relevant ministries and sectors. The contact organizations for climate change and a number of relevant agencies are proposed for additional tasks on NAMAs/MRV. These agencies will work closely with NAMA implementers to carry out monitoring, reporting and verification. To complete the legal framework for the national MRV system, a number of legal documents that need to be issued by the Prime Minister, also the head of the National Committee on Climate Change. These documents need to specify the roles and responsibilities, as well as the cooperation mechanism among the ministries and relevant departments in the MRV system. Keywords: Monitoring-Reporting-Verification (MRV), Climate change response, MRV National system. 1. Introduction Recently, Vietnam has had a number of NAMA proposals along with recommendations on MRV (Luong Quang Huy, 2014; Mai Van Trinh, 2014; Nguyen Lanh, 2014). However, there are no specific, consistent and legal guidelines for implementing, reporting and verifying the activities to reduce greenhouse gas emissions. Currently, there are a number of relevant legal documents that are a good 1099 basis for the national MRV system in Vietnam (Government of Vietnam, 2010, 2012a, 2012b, 2012c, 2013, 2014a, 2014b). Vietnam Energy Efficiency Law issued on June 28, 2010, regulating energy efficiency; policies and solutions to promote energy efficiency; and the rights, obligations and responsibilities of organizations, families and individuals in saving energy. The Law is the basis for monitoring energy use activities and energy saving solutions (Government of Vietnam, 2010). The revised Law on Environmental Protection was issued under Decision No. 55/2014/QH13 dated June 23, 2014 (replacing the old law in 2005) with the addition of new provisions on climate change. Article 41, Chapter 4 of the Revised Law regulates the management of greenhouse gas emissions and builds a national system of greenhouse gas inventories. The revised law is the highest legal document related to MRV. Accordingly, the national system of greenhouse gas inventories is still under construction and development, and is expected to be issued in 2016. This shows that the mechanism for sharing data between sectors and agencies, and cooperation between ministries has not been integrated on the basis of the MRV system (Government of Vietnam, 2014a). Decision No. 1775/QD-TTg dated November 12, 2012 on the management of greenhouse gas emissions and management of carbon credit trading activities in the world market (Government of Vietnam, 2012b). This project also set goals for strengthening national GHG inventory capacity and developing a national MRV system. However, the specific details of MRV-related activities are still limited and not sufficient to develop and establish a national MRV system. In addition to the above legal documents, there are no specific guidelines and regulations on NAMA/MRV management and implementation in Vietnam. This is partly due to UNFCCC does not have any formal guidelines on MRV (UNFCCC, 2009; Hoang Manh Hoa, 2014). In addition, the establishment of a legal basis for NAMA/MRV management and implementation will also take a certain amount of time like the establishment of the CDM, air quality and environmental improvement should be measured to be assessed impacts of sustainable development of mitigation actions (Nguyen Van Minh, 2014). This study provides an overview of existing policies, activities and agencies related to MRV along with the challenges and limitations of each activity and agency. Some MRV-related proposals including institutional arrangements and the roles/responsibilities of stakeholders will be incorporated in the study. 2. The current activities about the MRV in Vietnam 2.1. Activities related to MRV In Vietnam, there are a number of activities related to MRV but they are not linked together, except for MRV for national REDD+ and greenhouse gas inventories as required by UNFCCC. These programs can be good experience for other areas to create a link 1100 between MRV sectors and national MRV. The implementation of two national announcements and BUR1 is shown in Table 1, partly reflecting the capacity and limitations of Vietnam in MRV issues. Information and targets on greenhouse gas emission reductions in this study were collected and calculated using a top-down approach. Greenhouse gas inventory in national announcements is one of the project's products with support from international organizations. However, there is no formal organization or organizational system for these activities, making it difficult to synthesize data regularly or to ensure the continuity and consistency of data. The comparison between TBQGI and TBQGII shows efforts in overcoming the necessary data gaps for some areas. The application of default emission factors may not accurately reflect the current state of greenhouse gas emissions in Vietnam. Moreover, most calculations use a first-order approach - one of the simplest approaches. The over-reliance on a first-order approach is understandable because there is a lack of in-depth studies in practice, and databases do not meet the requirements of more detailed methods. Table 1: Activities related to MRV in Vietnam Project Activities related to MRV in Vietnam Level Building the first National Notice; then the Second national one and a report updated twice a year Inventory of national greenhouse gas emissions; Developing BAU scenarios for greenhouse gas emissions; Calculation of options to reduce greenhouse gas emissions; Report the results of actions taken to reduce greenhouse gas emissions. National Managing greenhouse gas emissions, Managing carbon credit business activities to the world market (Decision 1775). In the project, the general concept of the MRV framework in Vietnam has been built; however, this do not include policy documents as well as institutional arrangements for implementation. National Strengthening the capacity of national GHG inventory in Vietnam from 2010 to 2014. This is funded by Japan International Cooperation Agency (JICA). MONRE: managing agency; A national system of greenhouse gas inventories has been proposed in this project. This system should be integrated in the national MRV system. In addition, it is necessary to improve the roles and responsibilities National 1101 Project Activities related to MRV in Vietnam Level Department of Meteorology and Climate Change: implementing agencies. of stakeholders, sample data and reporting procedures before submitting the project to the prime minister and putting it into practice. Proposal for market preparation for Vietnam. Sponsored by the World Bank (WB). Conducted by Department of Hydrometeorology and Climate Change. A proposal framework for implementing NAMA/MRV in iron and steel industry. The legal basis is the Energy Efficiency Law. However, there is still a legal requirement as a ministerial decision to put the proposal into practice. A proposal framework for implementing NAMA/MRV in the waste sector. There is no legal basis for MRV activities in this area. Therefore, the issuance of a ministerial decision is necessary to implement MRV in the waste sector. Sector Reducing greenhouse gas emissions in agriculture and rural development by 2020 (Decision 3119/QD-BNN- KHCN). Two periods: 2011- 2015, 2016-2020. Ministry of Agriculture and Rural Development: managing agency. Funded by the Government of Vietnam and ODA. A proposed greenhouse gas monitoring system in the agricultural sector. There is currently no legal document on this system. Sector National REDD+ Program. Ministry of Agriculture and Rural Development: managing agency. Funded by UN-REDD. Period time: from 2011 to present. A final draft of the MRV system for the REDD+ program has also been developed. However, this draft has not been officially issued as a legal regulation. Sector MRV proposals for sectors in Table 1 are based on a bottom-up approach that does not rely heavily on centralized data collection systems. Instead, these proposals 1102 provide the guidance for the measurement at the project or sector level. A bottom-up approach also has certain advantages to MRV activities in sector-level. Sectors which are carefully prepared can immediately enter the market, and participate in areas that will be prioritized in the contribution which is determined by Vietnam (NDC). Moreover, the capacity to monitor, report and verify greenhouse gas emission reduction activities can be easily learned from CDM, JCM, Lotus Standards (in the construction sector) or ISO standards in environmental and energy management are commonly applied in Vietnam (Nguyen Van Minh, 2014). Recently, in BUR1 (2014a) of Vietnam, the national greenhouse gas inventory methods in 2010 were referenced from the Greenhouse Gas Inventory Guidelines of the Intergovernmental Panel on Climate Change (IPCC, 2003). 2.2. Data collection Activity data are collected from state agencies such as the General Statistics Office, ministries, sectors, agencies and local authorities. In the absence of information, operational data from factories, enterprises and research results are considered to use in the 2010 national GHG inventory. Most of the emission factors are used for inventories are the default values referenced in IPCC inventory guidelines. Emission factors from flooded rice fields are often taken from research by the Center for Climate Change Research and Sustainable Development. Table 2 briefly describes the methods and data used for the main areas. Table 2: Description of methods and sources of data used (MONRE, 2010, 2014b) Sector Method Data sources Data Emission factor Other information Industry Level 1 National Statistics Default emission factors according to IPCC None Agriculture Most are level 1, some others are level 2 National statistics, data provided by government agencies and sectors Most are the default emission factors according to IPCC, some are national specific data Default values according to IPCC LULUCF Combination of level 1 and level 2 National statistics, data provided by government agencies, local The default emission factors according to Data from research papers 1103 Sector Method Data sources Data Emission factor Other information authorities, data from research papers IPCC, data from the research papers Waste Most are level 1, some others are level 2 National statistics, data provided by local government agencies, data from research papers The default emission factors according to IPCC, data from the research papers Data from research papers Currently, Vietnam is studying the establishment of a national greenhouse gas inventory system. It is expected that this system will be established and put into operation in 2020. 2.3. Current roles and responsibilities of stakeholders In Vietnam, the national MRV system has not been established, so it is unclear whether the roles and responsibilities of stakeholders can participate in this system. However, according to the National Greenhouse Gas Inventory (NIR) report of 2005 and 2010, some agencies may play an important role in national MRV systems. Table 3: Stakeholders in proposing the national system of greenhouse gas inventories Ministry Roles and responsibilities MONRE The Ministry of Natural Resources and Environment (MONRE) is the Ministry that manages national GHG inventories, CDM emission reduction activities, JCM and NAMAs. Thus, MONRE plays a central role in the national MRV system. MONRE will synthesize data from relevant ministries and agencies to develop national greenhouse gas inventory reports, national announcements and biennial update reports. This is the official source of information and the basis for reporting the situation of Vietnam's climate change mitigation to the Secretariat of the United Nations Framework Convention on Climate Change. However, the Ministry of Natural Resources and Environment is facing a number of challenges, including from establishing a legal basis for these activities to arranging, organizing and coordinating with relevant ministries and agencies in data sharing and report building. 1104 Ministry Roles and responsibilities Ministry of Industry and Trade of Vietnam The Ministry of Industry and Trade of Vietnam is responsible for developing and implementing energy policies, plans, and regulations in Vietnam. The Ministry of Industry and Trade is responsible for establishing, implementing and monitoring the National Energy Development Strategy and the Power Sector Master Plan. Under the Ministry of Industry and Trade, the General Department of Energy coordinates activities of analysis and implementation of the Low Emission Development Strategy. Electricity of Vietnam (EVN), a state-owned enterprise will provide information on power transmission and distribution to the Ministry of Industry and Trade for planning purposes. The Institute of Energy is responsible for researching and collecting all the necessary data for the overall power sector plans. These data come from EVN, Department of Industry and Trade, as well as other sources such as investors. Ministry of Agriculture and Rural Development of Vietnam Ministry of Agriculture and Rural Development of Vietnam (MARD) is mainly responsible for a series of state management functions in the agricultural sector (eg: fisheries, forestry and rural development). In the context of low carbon, MARD is responsible for developing five-year draft regulations and decrees, plans, policies and strategies. In addition, the Ministry conduct research and suggest guideline for crops, livestock management and agricultural waste management. Under the Ministry of Agriculture and Rural Development, Department of Science, Technology and Environment (DSTE) is currently the contact agency for climate change and is the appropriate agency to manage, monitor and report emission mitigation of greenhouse gas in the agricultural sector. Currently, the DSTE is also leading the development of a framework for measuring, reporting and verifying (MRV) in the agricultural sector. Therefore, the coordination between the DSTE and the contact agency of the Ministry of Natural Resources and Environment in the national MRV system is very important in ensuring industry data is aggregated and fully evaluated. Table 3 indicates that stakeholder engagement will be different in the scope of the national greenhouse gas inventory system and the national MRV system. Stakeholders are responsible for verification may be government agencies or third 1105 parties. For a data management system, the stakeholder might be a lead agency for a centralized system for aggregation and analysis. Data collection and management for MRV can be implemented at many levels and dependencies on different types of activities that reduce emissions are MRV. MPI and a number of ministries, such as the Ministry of Agriculture and Rural Development, Ministry of Construction, Ministry of Construction and MONRE may participate in the collection and reporting of data used for MRV, with specific responsibilities associated with the areas responsibilities of ministries. 3. General principles for the process of measuring, reporting and verifying 3.1. Determine the emission scenario The emission scenario is a reference system for comparing and making greenhouse gas emissions calculation when there are no mitigation activities. The national scenario is the national reference system in Vietnam. This scenario is developed and managed by the National Committee on Climate Change (NCCC). Sectoral emission scenarios are sectoral reference systems selected for uniform use across the sector and this scenario is developed and managed by ministries that are affiliated. The basic emission scenario should be considered in the absence of adequate climate change policies. The scenario can be updated periodically depending on existing data. The base year is usually the year with the latest summary of the greenhouse gas situation. The assumptions for the greenhouse gas emission project also need to be based on the latest plans and projects on socio-economic development. A good example of this is the development of SNC and BUR1 of Vietnam. The basic emission scenario of BUR1 is updated when SNC is updated with the base year and new assumptions. 3.2. Information and data for MRV Data are the input and output related to greenhouse gas emissions and mitigation actions. It goes hand in hand with the tasks of stakeholders at different levels. Basic data information used by the Ministries for measurement in their respective sectors and sectors includes: - Data, information and methods for calculating and updating BAU scenarios; - Data, information and methods for calculating mitigation options; - Data and information measured during project implementation; - Data and information are reported; 1106 Methods for evaluating emissions are reduced. Currently, in each field, the relevant agencies have used their own data and information to serve the measurement process. Thus there is no link in managing industry data from ministries. 3.2.1. Measurement Measurement is a scientific and technical activity that uses equipment and methods to collect and process information related to greenhouse gas emissions from mitigation. There have been several reports of MRV proposals in the areas and projects mentioned above. In general, these projects and areas have similarities to the measured objects, including: Greenhouse gas emissions: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluoric carbon (HFCs), perfluoro carbon (PFCs) and sunfulrhexafluroide (SF6) and nitrogen tri-fluoride (NF3), emissions from all socio-economic activities across the country. Mitigation goals are achieved by different industries; Climate support; Environmental, economic and social co- benefits. The output of the measurement process is information and data for the calculation of gre