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MINISTRY
OF FINANCE
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.:
96/2012/TT-BTC
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Ha
Noi, June 08, 2012
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CIRCULAR
GUIDELINES FOR FINANCIAL MECHANISM TO SUPPORT
ELECTRIC PRICE FOR WIND POWER PROJECTS ON GRID TIE
Pursuant to the Law on
State Budget dated December 16, 2002;
Pursuant to Decree
No. 118/2008/ND-CP dated November 27, 2008 of the Government regulating functions,
duties, powers and organizational structure of the Ministry of Finance;
Pursuant to Decision
No. 37/2011/QD-TTg dated June 29, 2011 of the Prime Minister on mechanism to support
develop the wind power projects in Vietnam;
At the proposal of
the Director of Finance Department of banks and financial institutions
Minister of Finance
makes guidance on financial mechanism to support the electricity price of wind power
projects on grid tie as follows:
Article 1. Scope of
adjustment
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2. The electricity product is
supported the price by the State is the electricity produced from wind power projects built, operated and
connected to the national grid to provide a portion or
all of the electricity production.
3. The wind power projects on grid tie are supported the electricity price as stipulated in Decision No. 37/2011/QD-TTg and guidance in this Circular shall not
apply mechanism of subsidiary for the power output
of the project under other current
regulations.
4. The wind power projects if permitted by the competent authorities for the application under the provisions of
Decision No. 130/2007/QD-TTg dated
August 02, 2007 by the Prime Minister on a number of mechanisms, financial policies for investment
projects under the clean development
mechanism shall be applied the mechanism of price support as stipulated
in the joint Circular No. 58/2008/TTLT-BTC-BTN & MT dated July 04, 2008 of
the Ministry of Finance, Ministry
of Natural Resources and Environment
guiding the implementation of some
articles of Decision No. 130/2007/QD-TTg
dated August 02, 2007 by the
Prime Minister on a number of mechanisms and financial policies
for investment projects under the clean development mechanism; the joint Circular No. 204/2010/TTLT-BTC-BTN & MT dated December
15, 2010 of the Ministry of Finance,
Ministry of Natural Resources and
Environment amending and
supplementing some contents of
the joint Circular No. 58/2008/TTLT-BTC-BTN of dated July 04,2008.
Article 2. Subjects supported electricity price
Subjects supported the electricity price by the State through the Vietnam Environmental Protection
Fund is the
Vietnam Electricity (EVN) or authorized affiliated
units (hereinafter referred to
as the electricity buyer) to purchase
electricity from enterprises producing,
operating and selling electricity
from wind power projects (hereinafter
referred to as the electricity
seller) as stipulated in the Decision
No. 37/2011/QD-TTg.
Article 3. Conditions for
support of electricity price
1. The buyer is obliged to buy
all electricity produced
from wind power plants on grid tie under their
management area as prescribed
in Clause 1, Article 11 and Clause 1, Article 14 of Decision No. 37/2011/QD-TTg.
2. The electricity sale and purchase is done through a power sale contract made under
the form of power sale contract form
applicable to wind power projects on
grid tie issued by the Ministry of
Industry and Trade. The power purchase
price complies with provisions in Article 14 of Decision No. 37/2011/QD-TTg.
3. Having complete requesting record
for power price support under the provisions of Article 7 of
this Circular.
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1. The rate of electricity
price support to the Buyer for the whole power output
purchased from wind power plant on grid tie is VND 207/kWh.
2. Rate of electricity price support
shall be changed as decided by the Prime Minister from time to time.
Article 5. Amount of electricity price support
Amount of electricity price support for the Buyer is determined as follows:
Amount
of electricity price support
(VND)
=
Rate
of electricity price support
(VND/kWh)
x
Powe
output purchased (kWh)
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Article 6. Time for power
price support
1. Time for power price support is the time of the power sale contract as
prescribed at Point a, Clause 2, Article 11 of
Decision No. 37/2011/QD-TTg and
is effective.
2. Time for power price support
shall be changed by the decision of the Prime Minister from time to time.
Article 7. Requesting record for
power price support
1. Requesting record for power
price support
a) Written request for power
price support of the buyer
b) The written authorization of
the Vietnam Electricity for cases where
the buyer is the affiliated units. This
document is only submitted
once on the first time of the proposal for power price support and must be supplemented if there is a change in the authorization of the Vietnam Electricity for the affiliated units.
c) The power sale contract was
signed and entered into force between
the buyer and seller (original or certified
copy). This contract is only submitted once
on the first time of the proposal
for power price support and must be
supplemented if there is a change
in the power sale contract or signing new contract.
d) Minutes of certification
of meter in the period between the buyer and
seller (certified (copy with certification of the buyer).
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e) The documents of payment transfer
of electricity charges to the buyer for the sale of
electricity on the amount of electricity sold and purchased
by each time (copy).
g) Other relevant documents (if
any)
2. The buyer shall provide
complete, truthful and relevant documents
and take responsibility for the
accuracy of the materials provided.
Article 8. Making estimate, allocating
estimate, executing estimate, accounting record and settlement
of funds for power price support and regulation on report.
1. Making estimate:
a) Before June 30 each year, the buyer shall base on power sale contracts,
registration document of power estimated to be sold for the following year of
the seller; aggregate the amount of power estimated to be purchase of the
following year by each wind power plant on grid tie and anticipate total amount
of money for power price support as prescribed in order to send to Vietnam Environmental Protection Fund.
b) Prior to July 10 each year, the Vietnam Environmental
Protection Fund shall review and
anticipate the support of power price for the following year of the Buyer, make
estimate of expenditure for power price support of the following year to send
to the Ministry of Natural Resources and
Environment, the Ministry of Industry and Trade for their opinions.
c) Prior to July 20 each year each year, based on the opinions of
the Ministry of Industry and Trade, Ministry of Natural Resources and Environment,
aggregating the fund resources for power price support
into the scheme for allocation of non-business expenditure for environmental protection from the central budget in order to send to the Ministry
of Finance to consider and
synthesize report to the Government and present to the National
Assembly for consideration and
decision.
2. Allocating estimate:
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3. Executing
estimate
a) Based on the requesting record for
power price support of the buyer by each time in
the year, the Vietnam Environmental Protection Fund shall check and determine the rate to be supported to
the buyer as prescribed for the withdrawal of estimate with a limit equal to
the total rate to be supported to the buyer by each time and make direct payment
to the supported amount to the buyer ensuring the
accumulation of each withdrawal of
estimate not exceeding the all year estimate assigned.
b) In case there is amount to
be supported under the provisions exceeding the annual,
the Vietnam Environmental Defense Fund
shall promptly report to Ministry of
Natural Resources and Environment, Ministry of Finance to synthesize and submit to competent authorities for specific
settlement
4. Accounting
record regulation on report
The Vietnam Environmental Defense Fund shall record
accounting for expenditure of power price support from state budget into the
revenue source and expenditure of use of the Vietnam Environmental
Defense Fund, implementing periodical and annual reporting
regime under the current regulation on management of state budget and
regulation on financial management of the Vietnam Environmental
Defense Fund
Article 9. Implementation
organization
This
Circular takes effect as from August 1, 2012. During execution, if
any difficulties arise, the
agencies and units should make
prompt report to the Ministry of Finance
for study, amendment and supplement.
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