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PRIME MINISTER
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.39/2018/QD-TTg
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Hanoi, September 10, 2018
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DECISION
AMENDING SEVERAL ARTICLES OF DECISION NO.37/2011/QD-TTG
DATED JUNE 29, 2011 OF THE PRIME MINISTER ON PROVISON OF ASSISTANCE IN
DEVELOPMENT OF WIND POWER PROJECTS IN VIETNAM
Pursuant to the Law on
Government organization dated June 19, 2015;
Pursuant to the Law on
Electricity dated December 03, 2004 and the Law dated November 20, 2012 on
amendments to a number articles of the aforesaid Law;
Pursuant to the Law on
Investment dated November 26, 2014;
Pursuant to the Law on
Construction dated June 18, 2014;
At the request of the
Minister of Industry and Trade;
The Prime Minister
promulgates a Decision amending several articles of Decision No.37/2011/QD-TTg
dated June 29, 2011 of the Prime Minister on mechanism for provision of
assistance in development of wind power projects in Vietnam.
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1. Clause 12, 13 and 14
shall be added in Article 2 as follows:
"12. “onshore wind
power project " refers to any grid-connected wind power project with a
wind turbine constructed and operated in mainland and coastal areas of which
the outer boundary is the lowest mean high water for many years (18.6 years).
13. “offshore wind power
project " refers to any grid-connected wind power project with 1 wind
turbine constructed and operated offshore - outside the lowest mean high water
for many years (18.6) years.
14. “commercial operation
date” refers to a day on which a part or the entire grid-connected wind power
plant generates power for sale satisfying the following requirements:
a) The wind power plant
has undergone initial test for a part or the entire grid-connected wind power
plant and connection equipment;
b) The power plant is
granted a license for power generation;
c) The electricity seller
and buyer mutually agree to the index of the electricity meter in order to make
payment."
2. Article 3, 4 and 5 shall
be abolished.
3. Article 6 shall be
amended as follows:
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1. The investment in wind
power project construction shall be conformable with the planning on
electricity development approved by competent authorities.
2. The investment in wind
power project construction shall comply with provisions of the law on
management of work construction investment."
4. Article 8 shall be
amended as follows:
“Article 8. Commencement
of wind power project construction
The investor is only
permitted to commence to build the wind power project if requirements for
commencement of work construction specified in the Construction Law are
satisfied or the investor has entered into an power purchase agreement with an
electricity buyer or a connection agreement with the power distributing unit or
power transmission unit and has data report on wind measure for at least 12
consecutive months."
5. Article 9 shall be
abolished.
6. Article 10 shall be
amended as follows:
“Article 10. Reporting
regime
1. The investor shall
send an authenticated copy of investment decision or investment registration
certificate that has been to the Ministry of Industry and Trade for supervision
and management purpose within 5 working days from the day on which such
decision or such certificate is issued.
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7. Article 14 shall be
amended as follows:
"Article 14.
Electricity price for grid-connected wind power projects
1. The buyer shall purchase
the whole electricity output generated by the wind power project at the
purchase price at the delivery point as follows:
a) With regard to onshore
wind power projects : The purchase price at the delivery point is VND 1,928 per
kWh, excluding VAT and equivalent to 8.5 UScents/kWh according to the USD/VND
exchange rate quoted by the State Bank of Vietnam on August 30, 2018 - USD 1 =
VND 22,683. The electricity purchase price shall be adjusted according to
the VND/USD exchange rate.
b) With regard to
offshore wind power projects : The purchase price at the delivery point is VND
2,223 per kWh, excluding VAT and equivalent to 9.8 UScents/kWh according to the
USD/VND exchange rate quoted by the State Bank of Vietnam on August 30, 2018 -
USD 1 = VND 22,683. The purchase price shall be adjusted according to the
VND/USD exchange rate.
2. The cost for purchase
of electricity generated from wind power projects shall be fully included in
the annual electricity selling price plan of the Vietnam Electricity.
3. The purchase price
specified in Clause 1 this Article shall apply to a part or the entire
grid-connected wind power plant whose commercial operation date is earlier than
November 01, 2021 and remain unchanged for 20 years from that day.
4. The purchase price
specified in Clause 1 this Article shall apply to wind power projects whose
commercial operation date is earlier than the issuance date of this decision
from the effective date of this Decision until expiration of the power purchase
agreement.
5. Wind power projects
that apply the purchase price herein shall not apply the prices of electricity
under other regulations in force.
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8. Point d and dd shall
be added to Clause 1 Article 16 as follows:
“d) Review and provide
for management of investment in wind power project construction;
dd) Conduct research and
send a proposal of mechanism for promoting internal production of wind-powered
machines and raising the localization rate of wind power projects."
9. Clause 2 Article 16
shall be abolished.
Article 2. Effect
1. This Decision comes
into force from November 01, 2018.
2. Ministers, Directors
of ministerial agencies and Governmental agencies, Chairpersons of People’s
Committees of provinces and centrally-cities, Directors of agencies and
organizations involved in development of wind power projects in Vietnam shall
take responsibility to implement this Decision./.
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