|
MINISTRY OF INDUSTRY AND TRADE OF VIETNAM
-------
|
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------
|
|
No. 15/2022/TT-BCT
|
Hanoi, October 03, 2022
|
CIRCULAR
METHODS FOR DETERMINING ELECTRICITY
GENERATION PRICE RANGE OF SOLAR POWER PLANTS AND WIND POWER PLANTS
Pursuant
to the Law on Electricity dated December 3, 2004;
Pursuant
to Law on amendments to Law on Electricity dated November 20, 2012;
Pursuant
to the Law on amendments to the Law on Public Investment, the Law on
Public-Private Partnerships Investment, the Law on Investment, the Law on
Houses, the Law on Bidding, the Law on Enterprises, the Law on Excise Tax, and
the Law on Civil Judgment Enforcement dated January 11, 2022;
Pursuant
to Decree No. 98/2017/ND-CP dated August 18, 2017 of the Government on
functions, tasks, powers, and organizational structure of the Ministry of
Industry and Trade;
Pursuant
to Decree No. 137/2013/ND-CP dated October 21, 2013 of the Government on
elaborating to Law on Electricity and Law of amendments to Law on Electricity;
Pursuant
to Decision No. 13/2020/QD-TTg dated April 6, 2020 of Prime Minister on
regulations incentivizing development of solar power in Vietnam;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Pursuant
to Decision No. 39/2018/QD-TTg dated September 10, 2018 of the Prime Minister
on amendment to Decision No. 37/2011/QD-TTg ;
At
request of Director of Electricity Regulatory Authority of Vietnam;
The
Minister of Industry and Trade promulgates the Circular on methods for
determining electricity generation price range of solar power plants and wind
power plants.
Chapter
I
GENERAL PROVISIONS
Article
1. Scope and regulated entities
1. This
Circular prescribes the methods and procedures for developing, promulgating
electricity generation price range for ground-mounted solar power plants,
floating solar power plants, onshore wind power plants, and offshore wind power
plants.
2. This
Circular applies to:
a)
Vietnam Electricity (hereinafter referred to as “EVN”);
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
These
power plants or these parts of power plants must adequately comply with
regulations and law on investment, construction, adhere to absorption capacity
of the national electrical grid and the ability to release capacity of
electrical grids; strictly comply with electricity price structures at the time
of operation, and assume responsibilities for project effectiveness according
to approved regulations. Violations found via inspection or investigation shall
be met with strict punitive actions as per the law. Serious violations can be
met with revocation of investment registration certificate and/or suspension of
the project in accordance with regulations and law on construction investment.
Article
2. Definition
In
this Circular, terms below are construed as follows:
1. “a
standard solar power plant” means a power plant selected for the
purposes of calculating electricity generation price range of all
ground-mounted solar power plants and floating solar power plants with installed
capacity of 50 MWp.
2. “a
floating solar power plant” means a grid-connected solar power
plant where solar panels are installed on a floating structure.
3. “a
ground-mounted solar power plant” means a grid-connected
solar power plant other those described under Clause 2 of this Article.
4. “a
standard wind power plant” means a wind power plant selected for
the purpose of calculating electricity generation price range of onshore wind
power plants and offshore wind power plants with installed capacity of 50 MW.
5. “an
onshore wind power plant” means a grid-connected wind power plant
equipped with wind turbines, built, and operating on land and/or coastal areas
whose outer border is the lowest average sea level of multiple years (18,6
years).
6. “an
offshore wind power plant” means a grid-connected wind power plant
equipped with wind turbines, built and operated seaward beyond the lowest
average sea level of multiple years (18,6 years).
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Chapter
II
METHOD FOR DEVELOPING ELECTRICITY GENERATION PRICE RANGE
Article
3. Rules for developing electricity generation price range
1. Electricity
generation price range of ground-mounted solar power plants, floating solar
power plants, onshore wind power plants, and offshore wind power plants refers
to prices from the minimum value (0 VND/kWh) to the maximum value.
2. The
maximum value applicable to solar power plants shall be electricity generation
price of the standard solar power plant determined using methods under Article
4, Article 5, and Article 6 hereof.
3. The
maximum value applicable to wind power plants shall be electricity generation
price of the standard wind power plant determined using methods under Article
7, Article 8, and Article 9 hereof.
Article
4. Method for determining electricity generation price of the standard solar
power plant
Electricity
generation price PMT (VND/kWh) of the standard solar power plant
shall be determined using the following formula:
PMT = FCMT + FOMCMT
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
FCMT:
Average fixed costs of the standard solar power plant determined in accordance
with Article 5 hereof (VND/kWh);
FOMCMT:
Fixed operation and maintenance costs of the standard solar power plant
determined in accordance with Article 6 hereof (VND/kWh).
Article
5. Method for determining average fixed costs of the standard solar power plant
1. The
average fixed costs FCMT (VND/kWh) of the standard solar power plant
serves as a component for the purpose of investment recovery and is determined
using the formula below:
In
which:
TCMT:
Annual converted investment capital for construction of the standard solar
power plant (excluding VAT) is determined in accordance with Clause 2 of this
Article (VND);
: Average
electricity yield of the standard solar power plant over multiple years:
determined in accordance with Clause 5 of this Article (kWh).
2. Annual
converted investment capital of standard solar power plant TCMT
(VND) is determined using the following formula:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
In
which:
SDTMT:
Investment unit cost of the standard solar power plant determined in accordance
with Clause 3 of this Article (VND/kWp). kWp measures peak capacity of a solar
panel in standard condition and is published by manufacturers;
PMT:
Installed capacity of the standard solar power plant (kWp) and is determined to
be 50.000 kWp;
nMT:
Economic life of the standard solar power plant is specified under Appendix
attached hereto (year);
i:
Discount rate of the standard solar power plant is determined in accordance
with Clause 4 of this Article (%).
3. Investment
unit cost refers to investment required for 1 kWp of installed capacity of the
standard solar power plant and is determined based on:
a)
total investment of solar power plants that have entered into power purchase
agreement with the EVN or solar power plants where the EVN act as project
developers before January 1, 2021;
b)
Data of counseling organizations.
4. Discount
rate i (%) applying pre-tax weighted average cost of capital of the standard
solar power plant is determined using the formula below:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
In
which:
D:
Percentage of borrowed capital in total investment is prescribed under Appendix
attached hereto (%);
E:
Percentage of owner’s equity in total investment prescribed under Appendix
attached hereto (%);
nMT:
Economic life of the standard solar power plant is specified under Appendix
attached hereto (year);
nD:
Average debt repayment period is prescribed under Appendix attached hereto
(year);
rd:
Borrowed capital interest rate is determined in accordance with Point a of this
Clause (%);
re:
Pre-tax interest rate of owner’s equity is determined in accordance with Point
b of this Clause (%).
a)
Interest of cost of capital rd (%) is calculated using weighted average
interest of capital borrowed in VND currency and capital borrowed in foreign
currency using the formula below:
rd = DF x rd,F
+ DD x rd,D
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
DF:
Percentage of capital borrowed in foreign currency over total borrowed capital
is determined on the basis of composition of borrowed capital of solar power
plants according to Point b Clause 2 Article 1 hereof (%);
DD:
Percentage of capital borrowed in VND over total borrowed capital is determined
on the basis of composition of borrowed capital of solar power plants according
to Point b Clause 2 Article 1 hereof (%);
rd,F:
Interest rate of capital borrowed in foreign currency is determined on the
basis of: interest rate of capital borrowed in foreign currency of power plants
entering into power purchase agreements during the period of 2017 - 2021 (%/year)
or interest rate of capital borrowed in foreign currency of solar power plants
in accordance with Point b Clause 2 Article 1 hereof;
rd,D:
Interest rate of capital borrowed in VND is determined on the basis of:
interest rate of capital borrowed in VND of power plants entering into power
purchase agreements during the period of 2017 - 2021 (%/year) or interest rate
of capital borrowed in VND of solar power plants in accordance with Point b
Clause 2 Article 1 hereof.
b)
Pre-tax interest rate of owner’s equity re,pt (%) is determined
using the formula below:
In
which:
re,pt:
Post-tax interest rate of owner’s equity (%) is determined to be 12%;
t:
Average rate of corporate income tax during economic life of solar power plants
is determined in accordance with applicable laws of the State (%).
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
In
which:
A:
Total solar panel installation area (m2) is determined in accordance
with Clause 6 of this Article;
H:
Average annual radiant intensity of the standard solar power plant (kWh/m2/year);
r:
Solar panel efficiency (%);
PR:
Standard solar power plant efficiency (%).
6. Total
installation area of solar panels (m2) is determined as follows:
In
which:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
PTP:
Nominal capacity of solar panel (Wp);
STP:
Surface area of solar panel (m2).
7. PTP,
STP, r, H, PR parameters under Clause 5 and Clause 6 of this Article are
determined on the basis of:
a)
Appraised feasibility study, technical design of solar power plants which have
entered into power purchase agreements before January 1, 2021;
b)
Data of counseling organizations.
Article
6. Method for determining fixed operation and maintenance costs of the standard
solar power plants
Fixed
operation and maintenance costs FOMCMT (VND/kWh) of the standard
power plant serves as a component to recover major repair costs, personnel
costs, and other costs annually and is determined using the formula below:
In
which:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
: Average
electricity yield of the standard solar power plant over multiple years is
determined in accordance with Clause 5 Article 5 hereof (kWh).
2. Total
fixed operation and maintenance costs 
(VND) of the standard solar power plant are
determined using the formula below:
In
which:
SDTMT:
Investment unit cost of the standard solar power plant is determined in
accordance with Clause 3 Article 5 hereof (VND/kWp);
PMT:
Installed capacity of the standard solar power plant (kWp) and is determined to
be 50.000 kWp;
kMT:
Percentage of fixed operation and maintenance costs included in investment unit
cost of the standard solar power plant is specified under Appendix attached
hereto (%).
Article
7. Method for determining electricity generation price of the standard wind
power plant
Electricity
generation price PG (VND/kWh) of the standard wind power plant is
determined using the formula below:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
In
which:
FCG:
Average fixed costs of the standard wind power plant determined in accordance
with Article 8 hereof (VND/kWh);
FOMCG:
Fixed operation and maintenance costs of the standard wind power plant are determined
in accordance with Article 9 hereof (VND/kWh).
Article
8. Method for determining average fixed costs of the standard wind power plant
1. The
average fixed costs FCG (VND/kWh) of the standard wind power plant
serves as a component for the purpose of investment recovery and is determined
using the formula below:
In
which:
TCG:
Annual converted investment capital for construction of the standard wind power
plant (excluding VAT) is determined in accordance with Clause 2 of this Article
(VND);
: Average
electricity yield of the standard wind power plant over multiple years is
determined in accordance with Clause 5 of this Article (kWh).
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
In
which:
SDTG:
Investment unit price of the standard wind power plant is determined in
accordance with Clause 3 of this Article (VND/kW);
PG:
Installed capacity of the standard wind power plant (kW) is determined to be
50.000 kW;
nG:
Economic life of the standard wind power plant is specified under Appendix
attached hereto (year);
i:
Discount rate of the standard wind power plant is determined in accordance with
Clause 4 of this Article (%).
3. Investment
unit price is the cost invested in 1 kW of installed capacity of the standard
wind power plant and is determined on the basis of:
a)
Total investment approved of wind power plants that have entered into power
purchase agreements with the EVN before November 1, 2021;
b)
Data of counseling organizations.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
In
which:
D:
Percentage of borrowed capital in total investment is prescribed under Appendix
attached hereto (%);
E:
Percentage of owner’s equity in total investment prescribed under Appendix
attached hereto (%);
nG:
Economic life of the standard wind power plant is specified under Appendix
attached hereto (year);
nD:
Average debt repayment period is prescribed under Appendix attached hereto
(year);
rd:
Borrowed capital interest is determined in accordance with Point a of this
Clause (%);
re:
Pre-tax interest rate of owner’s equity is determined in accordance with Point
b of this Clause (%).
a)
Interest of cost of capital rd (%) is calculated using weighted
average interest of capital borrowed in VND currency and capital borrowed in
foreign currency using the formula below:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
In
which:
DF:
Percentage of capital borrowed in foreign currency over total borrowed capital
is determined on the basis of composition of borrowed capital of wind power
plants according to Point b Clause 2 Article 1 hereof (%);
DD:
Percentage of capital borrowed in VND over total borrowed capital is determined
on the basis of composition of borrowed capital of wind power plants according
to Point b Clause 2 Article 1 hereof (%);
rd,F:
Interest rate of capital borrowed in foreign currency is determined on the
basis of: interest rate of capital borrowed in foreign currency of power plants
entering into power purchase agreements during the period of 2017 - 2021
(%/year) or interest rate of capital borrowed in foreign currency of wind power
plants in accordance with Point b Clause 2 Article 1 hereof;
rd,D:
Interest rate of capital borrowed in VND is determined on the basis of:
interest rate of capital borrowed in VND of power plants entering into power
purchase agreements during the period of 2017 - 2021 (%/year) or interest rate
of capital borrowed in VND of wind power plants in accordance with Point b
Clause 2 Article 1 hereof.
b)
Pre-tax interest rate of owner’s equity re,pt (%) is determined
using the formula below:
In
which:
re,pt:
Post-tax interest rate of owner’s equity (%) is determined to be 12%;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
5. Average
annual electricity yield 
(kWh) of the standard wind power plant is
determined using the formula below:
In
which:
EG,P50:
Average forecasted energy yield of 50% of the standard wind power plant is
determined in accordance with Clause 6 of this Article (kWh);
kbd:
Total variability of the standard wind power plant (%);
kpb,P75:
Normal distribution factor corresponding to average forecasted energy yield of
75% of the standard wind power plant is specified under Appendix attached
hereto.
6. The
average forecasted energy yield of 50% of the standard wind power plant (kWh)
is determined as follows:
EG,P50 = 8760 x PG
x kCF
In
which:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
kCF:
Capacity factor of the standard wind power plant (%);
7. kCF
and kbd under Clause 5 and Clause 6 of this Article are determined
on the basis of:
a)
Appraised feasibility study, technical design of wind power plants which have
entered into power purchase agreements before November 1, 2021;
b)
Data of counseling organizations.
Article
9. Method for determining fixed operation and maintenance costs of the standard
wind power plants
Fixed
operation and maintenance costs FOMCG (VND/kWh) of the standard
power plant serves as a component to recover major repair costs, personnel
costs, and other costs annually and is determined using the formula below:
In
which:
: Total
fixed operation and maintenance costs of the standard wind power plant are
determined in accordance with Clause 2 of this Article (VND);
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Total
fixed operation and maintenance costs 
(VND) of the standard wind power plant are
determined using the formula below:
In
which:
SDTG:
Investment unit price of the standard wind power plant is determined in
accordance with Clause 3 Article 5 hereof (VND/kW);
PG:
Installed capacity of the standard wind power plant (kW) is determined to be
50.000 kW;
kG:
Percentage of fixed operation and maintenance costs included in investment unit
cost of the standard wind power plant is specified under Appendix attached
hereto (%).
Chapter
III
PROCEDURES FOR DEVELOPING, APPRAISING, AND PROMULGATING
ELECTRICITY PRICE RANGE
Article
10. Procedures for developing, appraising, and promulgating electricity price
range
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. On
the basis of documents under Clause 1 of this Article, the EVN has the right to
hire consultant to select specifications, calculate, and determine electricity
generation price range of the standard solar power plants in accordance with
Article 4, Article 5, and Article 6 hereof and standard wind power plants in
accordance with Article 7, Article 8, and Article 9 hereof.
3. Within
45 days from the effective date hereof, the EVN is responsible for developing
electricity generation price range of ground-mounted solar power plants,
floating solar power plants, onshore wind power plants, and offshore wind power
plants in accordance with Article 11 hereof and send to Electricity Regulatory
Authority of Vietnam.
4. Procedures
for appraising electricity generation price range:
a)
Within 5 working days from the date on which documents on calculating
electricity generation price range under Article 11 hereof are received, the
Electricity Regulatory Authority of Vietnam are responsible for inspecting the
documents for their contents, adequacy, and legitimacy.
b)
In case the documents are inadequate or illegitimate, the Electricity
Regulatory Authority of Vietnam is responsible for requesting the EVN in
writing to revise or clarify contents of the documents.
c)
Within 45 days from the date on which adequate documents on calculating
electricity generation price range are received, Electricity Regulatory
Authority of Vietnam is responsible for appraising the electricity price range
using methods prescribed in this Circular.
d)
If necessary, the Electricity Regulatory Authority of Vietnam shall consult
independent experts gather feedback pertaining to the price range via a Board
of counsel established by the Ministry of Industry and Trade.
The
Board of counsel has up to 9 members, including a Chairperson, a Vice
Chairperson, a Secretary, and representatives of relevant entities of Ministry
of Industry and Trade with sufficient specialty and comprehensive understanding
in electricity generation.
5. Within
10 working days from the date on which appraisal results of electricity
generation price range under Clause 4 of this Article are produced, the
Electricity Regulatory Authority of Vietnam are responsible for finalizing
documents and requesting the Minister of Industry and Trade to approve
electricity generation price range applied to the aforementioned power plants
and publicize on website of the Ministry of Industry and Trade and Electricity
Regulatory Authority of Vietnam.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
The
written request for approval of electricity generation price range for
ground-mounted solar power plants, floating solar power plants, onshore wind
power plants, and offshore wind power plants under Clause 2 Article 1 hereof
consists of:
1. Presentation
and calculation of the EVN pertaining to electricity generation price of
standard solar power plant and standard wind power plant.
2. Specifications
and documents on calculating electricity generation price for standard solar
power plant and standard wind power plant in accordance with Article 4, Article
7, and the Appendix attached hereto.
3. Documents
pertaining to specifications used in calculating electricity generation price
of ground-mounted solar power plants, floating solar power plants, onshore wind
power plants, and offshore wind power plants.
Chapter
IV
IMPLEMENTATION
Article
12. Responsibilities of Ministry of Industry and Trade
1. Assign
independent experts or establish a Board of counsel to appraise the electricity
generation price range in accordance with Point d Clause 4 Article 10 hereof. If
necessary, the Ministry of Industry and Trade shall gather feedback of
ministries and relevant authorities pertaining to electricity generation price
range.
2. Promulgate
electricity generation price range of ground-mounted solar power plants,
floating solar power plants, onshore wind power plants, and offshore wind power
plants after appraising.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Take
charge and cooperate with designated independent experts or the Board of
counsel in accordance with Point d Clause 4 Article 10 hereto in appraising
calculation results of electricity generation price range.
2. Request
the Minister of Industry and Trade to sign and promulgate electricity
generation price range in accordance with this Circular.
Article
14. Responsibilities of the EVN
1. Promulgate
documents and send to investors of ground-mounted solar power plants and
floating solar power plants that have entered into power purchase agreements
before January 1, 2021 and onshore wind power plants and offshore wind power
plants that have entered into power purchase agreements before November 1, 2021
regarding appraised provision of feasibility study and technical design.
2. Present
the documents on calculating electricity generation price range of
ground-mounted solar power plants, floating solar power plants, onshore wind
power plants, and offshore wind power plants to the Electricity Regulatory
Authority of Vietnam in accordance with Article 10 and Article 11 hereof.
Article
15. Entry into force
1. This
Circular comes into force from November 25, 2022
2. If
the legislative documents extracted in this Circular are amended or superseded
by other legislative documents, the new documents shall prevail.
3. Difficulties
that arise during the implementation of this Circular should be reported to the
Ministry for consideration./.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
PP. MINISTER
DEPUTY MINISTER
Dang Hoang An
Đã cập nhật Luật Đất đai 2024 mới nhất