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MINISTRY OF INDUSTRY AND TRADE OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 36/2025/TT-BCT
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Hanoi, June 03, 2025
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CIRCULAR
ON AMENDMENTS TO SOME ARTICLES OF CIRCULAR NO. 16/2025/TT-BCT
DATED FEBRUARY 01, 2025 OF THE MINISTER OF INDUSTRY AND TRADE ON OPERATION OF A
COMPETITIVE WHOLESALE ELECTRICITY MARKET
Pursuant to the Law on
Electricity dated November 30, 2024;
Pursuant to Decree No.
40/2025/ND-CP dated February 26, 2025 of the Government on functions,
responsibilities, jurisdiction and organizational structure of the Ministry of
Industry and Trade;
The Government
promulgates the Decree on amendments to Decree No. 100/2025/ND-CP dated May 08,
2025 of the Government on amendments to Decree No. 56/2025/ND-CP dated March
03, 2025 of the Government elaborating the law on electricity pertaining to
electricity development, electrical supply grid development plan, electricity
plan investment and development, bidding for investor selection of electricity
business investment project.
At the request of the
Director General of the Electricity Authority of Vietnam;
The Minister of
Industry and Trade promulgates the Circular on amendments to some articles of
Circular No. 16/2025/TT-BCT dated February 01, 2025 of the Minister of Industry
and Trade on operation of a competitive wholesale electricity market.
Article
1. Amendments to some articles of Circular No. 16/2025/TT-BCT dated February
01, 2025 of the Minister of Industry and Trade on operation of a competitive
wholesale electricity market.
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“2. Take-or-pay
electricity output (hereinafter abbreviated as "take-or-pay output")
including:
a) The minimum committed
electricity output to be purchased under the power purchase agreements within
the project contract package of power plants invested under the public-private
partnership (PPP) method for the build–operate–transfer (BOT) contract type, or
supplementary agreements between the power purchaser and the BOT power
producer;
b) The electricity output
operated and dispatched corresponding to the maximum level based on gas supply
capacity in accordance with fuel constraints, capacity, and available generation
output requirements of gas-fired power plants that are required to utilize the
maximum gas fuel source, as well as the demand and technical constraints of the
national power system.”.
2. Addition of Clause 19a
to Article 3:
19a. A gas-fired
power plant required to maximize the use of gas fuel is a gas-fired power
project using domestically-extracted natural gas which is invested,
constructed, and put into operation in accordance with the Law on Electricity;
Decree No. 56/2025/ND-CP dated March 3, 2025 of the Government elaborating the
Law on Electricity pertaining to electricity development, electrical supply
grid development plan, electricity plan investment and development, bidding for
investor selection of electricity business investment project; and Decree No.
100/2025/ND-CP dated May 8, 2025 of the Government on amendments to Decree No.
56/2025/ND-CP dated March 03, 2025.”.
3. Amendments to points a
and b of clause 1 of Article 4:
a) Power plants with an
installed capacity greater than 30 MW connected to the national power system
(including BOT power plants of which contracts have expired and have been
transferred to Vietnam, hydropower plants cooperating with multi-purpose
strategic hydropower plants to operate as specified in point b, clause 4,
Article 51 of the Law on Electricity);
b) Power plants with an
installed capacity of 10 MW or more of which power purchase agreements based on
avoidable costs have expired including cascade hydropower plants, and other
renewable energy power plants of which power purchase agreements under state
incentive and preferential pricing mechanisms have expired;”.
4. Amendment to point c
of clause 3 of Article 4:
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5. Amendment to clause 1
of Article 11:
“1. For power plants that
have been granted an electricity operation license and are required to
participate in the electricity market in accordance with Article 4 of this
Circular but the power generating unit owning these plants fails to complete
the registration to participate in the electricity market (except for
hydropower plants cooperating with multi-purpose strategic hydropower plants to
operate as specified in clause 4a, Article 133 of this Circular), power plants
without power purchase agreements (except for multi-purpose strategic
hydropower plants), power plants with power purchase agreements but without
official electricity prices or with expired electricity prices, generating
units without commercial operation date agreements, the system and market
operator shall not dispatch these power plants to generate electricity to the
national power system, except in the following cases:
a) In cases of an
imbalance between electricity supply and demand in the power system or to
ensure power supply;
b) To ensure downstream
water demand requirements in accordance with the operating procedures for
cascade reservoirs, single reservoir operation procedures, or as requested by
competent state authorities (for hydropower plants);
c) To prevent spillway
overflow (for hydropower plants).”
6. Amendment to point c
of clause 1 of Article 18:
“c) Obligations regarding
guaranteed electricity output of power plants;”
7. Amendments to clause 3
and clause 4 of Article 18:
“3. In cases where the
power system operation satisfies the requirements prescribed in clause 2 of
this Article, the system and market operator shall be responsible for
cooperating with dispatch levels to stop or reduce the dispatched generation
capacity to the grid from power plants, generating units, and power sources in
the following order:
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b) Stop or reduce
hydropower plants that have not yet spilled in conformity with the ratio of
remaining volume to useful volume in ascending order;
c) Stop slow-start
generating units in the following order: units voluntarily shutting down;
according to unit bid price (only applying to the next-day scheduling frame and
the next cycle); according to variable costs in descending order. In cases
where slow-start units have the same variable costs, units shall be stopped
according to startup costs in ascending order;
d) Reduce renewable
energy power plants that still have storage capacity;
dd) Stop or reduce power
plants with agreed shutdown/reduction clauses before other power plants in
accordance with requirements prescribed in grid connection agreements or power
purchase agreements;
e) Partially or fully
reduce wind power plants and grid-connected solar power plants (except for
power plants prescribed in point k of this clause); medium-voltage
grid-connected rooftop solar power systems; hydropower plants dispatched under
the avoidable cost mechanism (except for spilling hydropower plants as
prescribed in point i of this clause);
g) Reduce the output of
thermal generating units of gas-fired power plants that are required to
maximize the use of gas fuel;
h) Stop thermal
generating units of gas-fired power plants that are required to maximize the
use of gas fuel that have variable cost in descending order;
i) Reduce hydropower
plants directly participating in the electricity market that are spilling at
floor price bids, and hydropower plants indirectly participating in the
electricity market that are spilling;
k) Reduce power plants or
parts of power plants that are in the testing phase before being officially
recognized with a commercial operation date.
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8. Amendment to clause 2
of Article 19:
“2. The operators of
the power system and the electricity market are responsible for using the
electricity market simulation model to calculate the contents prescribed in
clause 1 of this Article. The input parameters used in the electricity market
simulation for thermal power units are the variable costs of the units as
determined in clause 3 of this Article, the hydrological characteristics and
technical characteristics of the hydroelectric plants, the constraints for
establishing the operation mode of the national power system in accordance with
regulations on dispatching, operation, maneuvering, handling incidents, black
start and restoring the national power system issued by the Ministry of
Industry and Trade, as well as constraints related to power purchase commitments
and secondary frequency control service constraints.”.
9. Amendment to point b
of clause 2 of Article 32:
“b) Input parameters for
calculating the annual market operation planning include:
- Forecasted load for
each region - North, Central, South - and for the entire national power system
in each trading period;
- Hydrological data and
operational constraints of hydroelectric reservoirs used for electricity market
simulation calculations;
- The commissioning
schedule of new power plants; technical parameters and operational constraints
of the transmission grid;
- Expected electricity
import and export schedules; annual maintenance and repair schedules of power
plants, transmission grid, and major gas supply sources;
- Forecasted load of
electricity buyers in each trading period;
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- Constraints on
generation dispatch to ensure power supply, and minimum generation
configuration to guarantee the safe operation of the transmission grid.”.
10. Amendment to clause 2
of Article 47:
“2. The expected (or
forecasted) dispatch capacity in each trading period of the next day of the
power plants prescribed in clause 3, Article 4 of this Circular, rooftop solar
power sources, and power plants that do not directly bid in the electricity
market including constraints related to take-or-pay output.”.
11. Amendment to clause
14 of Article 54:
“14. Constraints related
to take-or-pay output.”.
12. Amendment to clause 1
of Article 58:
“1. The operators of the
power system and electricity market shall adjust the declared capacity of
multi-purpose strategic hydropower plants in accordance with clause 2, Article
61 of this Circular, and carry out adjustments to the dispatch capacity of
gas-fired power plants through compressed air solutions to prioritize the
highest possible dispatch capacity of gas-fired power plants during the peak
load periods of the power system.”.
13. Amendment to clause
14 of Article 60:
“14. Constraints related
to take-or-pay output.”.
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“a) The operators of the
power system and electricity market shall schedule the dispatch of generating
units in accordance with the following principles:
- Use the capacity
increase bids of the generating units;
- Adjust the dispatch
capacity of gas-fired power plants using compressed air solutions to maximize
the dispatch capacity of gas-fired power plants during the peak load periods of
the power system;
- Gas-fired power plants
indirectly participating in the electricity market with variable pricing;
- Generating units
providing fast-start reserve services to ensure power supply;
- Hydropower plants
indirectly participating in the electricity market based on the remaining
volume ratio relative to the useful capacity in descending order;
- Generating units
providing must-run operating services to ensure power supply;
- Reduce the secondary
frequency control service capacity to the minimum allowable level.”.
15. Amendment to point a
of clause 4 of Article 67:
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- Ensure that the system
operates safely, stably, and reliably with the lowest possible electricity procurement
cost for the entire system.
- Ensure that the
fulfillment of agreed quantities in electricity export and import contracts as
well as constraints related to take-or-pay output;
- Ensure the compliance
with downstream water supply requirements for hydropower plants.”.
16. Addition of clause 4
and clause 5 to Article 132:
“4. Vietnam Electricity
Group or the electricity buyer is responsible for providing the System Operator
and Electricity Market Operator with the take-or-pay output data prescribed in
point a, clause 2, Article 3 of this Circular.
5. The power generation
units and fuel supply units are responsible for providing the System Operator
and Electricity Market Operator with data on gas supply capacity and
fuel-related constraints of thermal power plants that are required to maximize
the use of gas fuel in order to calculate the guaranteed electricity output
prescribed in point b, clause 2, Article 3 of this Circular in conformity with
the fuel consumption rates prescribed in the power purchase agreements.”.
17. Addition of Clause 4a
to Article 133:
“4a. Before June 1,
2026, power generation units owning and managing the operation of hydropower
plants shall cooperate with strategic multi-purpose hydropower plants as
prescribed in point b, clause 4, Article 51 of the Law on Electricity; point b,
clause 2, Article 1 of Circular No. 08/2025/TT-BCT dated February 1, 2025 of
the Minister of Industry and Trade on the generation costs of power plants
during the period prior to participation in the competitive electricity market
for certain types of power plants; and the Appendix VI attached to this
Circular with the following responsibilities:
a) Sign power purchase
agreements and complete the procedures and conditions to directly participate
in the electricity market as prescribed;
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18. Amendments to clause
8 of Article 13, Appendix II attached to Circular No. 16/2025/TT-BCT:
“8. Constraints related
to take-or-pay output in which”. the simulation constraint ensuring that the
dispatched output from day D to the end of the current week is greater than or
equal to the approved output according to the power system and electricity
market operation plan for the next week, minus the actual dispatched output
from the beginning of the week up to and including day D-1.
19. Amendments to point I
of clause 2 of Article 2, Appendix V attached to Circular No. 16/2025/TT-BCT:
“i) Information
management system for electricity market intervention and suspension of the
spot electricity market helps manage operational information of the electricity
market and power system in cases of electricity market intervention and
suspension of the spot electricity market.”
20. Amendments to point
dd of clause 2 of Article 9, Appendix V attached to Circular No.
16/2025/TT-BCT:
“dd) Operational
constraints, including: take-or-pay output, inter-regional transmission limits,
minimum generation configurations, fuel supply system technical constraints,
hydrological constraints, and other constraints (if any);”.
21. Amendments to point g
of clause 1 of Article 20, Appendix V attached to Circular No. 16/2025/TT-BCT:
“g) Annual maintenance
and repair schedules of power plants, transmission grid, and major gas supply
sources; operational constraints of generation and grid leading to the need to
dispatch one or several power plants in the system; take-or-pay output;”;
22. Addition of Appendix
VI to Circular No. 16/2025/TT-BCT in the Appendix attached to this Circular.
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1. Point c of clause 1
of Article 17 is annulled.
2. Clause 15 of Article 54 is annulled.
3. Clause 15 of Article
60 is annulled.
4. Clause 9 of Article
13, Appendices II attached to Circular No. 16/2025/TT-BCT is annulled.
Article
3. Implementation clause
1. This Circular comes
into force from June 03, 2025.
2. Organizations,
individuals shall report any issues arise during the implementation to the
Ministry of Industry and Trade for instructions within its jurisdiction or
suitable amendments./.
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PP. MINISTER
DEPUTY MINISTER
Nguyen Hoang Long
APPENDIX
ADDITION OF APPENDIX VI TO
CIRCULAR NO. 16/2025/TT-BCT DATED FEBRUARY 01, 2025 OF THE MINISTER OF INDUSTRY
AND TRADE ON OPERATION OF A COMPETITIVE WHOLESALE ELECTRICITY MARKET
(Attached to Circular No. 36/2025/TT-BCT dated June 03, 2025 of the Minister
of Industry and Trade on amendments to some articles of Circular No.
16/2025/TT-BCT dated February 01, 2025 of the Minister of Industry and Trade on
operation of a competitive wholesale electricity market)
APPENDIX VI:
LIST OF HYDROPOWER PLANTS COOPERATING WITH STRATEGIC
MULTI-PURPOSE HYDROPOWER PLANTS
No.
Power plant name
Capacity
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Note
1
Ban Chat Hydropower
Plant
220
In operation
Da River
2
Huoi Quang Hydropower
Plant
520
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Da River
3
Pleikrong Hydropower
Plant
100
In operation
Sesan River
4
Sesan 3 Hydropower
Plant
260
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Sesan River
5
Sesan 4 Hydropower
Plant
360
In operation
Sesan River