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THE GOVERNMENT
OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 56/2025/ND-CP
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Hanoi, March 03,
2025
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DECREE
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
Pursuant to the Law on Government Organization
dated February 18, 2025;
Pursuant to the Law on Local Government
Organization dated February 19, 2025;
Pursuant to the Law on Electricity dated
November 30, 2024;
Pursuant to the Law on Bidding dated June 23,
2023;
Pursuant to the Law on Investment dated June 17,
2020;
Pursuant to the Law on Information Technology
dated August 02, 2023;
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Pursuant to the Law on Information Access dated
April 6, 2016;
Pursuant to the Law on Cyberinformation Safety
dated November 19, 2015;
Pursuant to the Law on Cybersecurity dated June
12 of 2018;
Pursuant to the Law on Planning dated November
24, 2017 amended by the Law on Medical Examination and Treatment dated January
9, 2023; the Law on Prices dated June 19, 2023; the Law on Water Resources
dated November 27, 2023; the Law on Land dated January 18, 2024; the Law on
Road dated June 27, 2024; the Law on National Defense and Security Industry and
Industrial Mobilization dated June 27, 2024; the Law on amendment to the Law on
Land, the Law on Residence, the Law on Real Estate Business, and Law on Credit
institutions dated June 29, 2024; the Law on amendment to the Law on Planning,
the Law on Investment, the Law on Public-Private Partnership Investment, and
the Law on Bidding dated November 29, 2024;
At request of the Minister of Industry and
Trade;
The Government promulgates Decree 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.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
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Article 2. Regulated entities
This Decree applies to agencies, organizations, and
individuals engaging in or related to electricity development planning and
investment.
Article 3. Definitions
In this Decree, terms below are construed as
follows:
1. The Buyer means Vietnam Electricity (or
authorized representatives thereof), Northern Power Corporation, Central Power
Corporation, Southern Power Corporation, Hanoi City Power Corporation, Ho Chi
Minh City Power Corporation, major electricity users, other electricity buyers
according to regulations of electricity market.
2. Electric utility/electricity seller (hereinafter
referred to as “the Seller”) means an organization or individual that, pursuant
to Vietnam’s domestic laws, possesses power plant or power plants.
3. Gas-fired thermal power project means an
investment project for construction of gas-fired thermal power plant which uses
domestically produced natural gas or liquefied natural gas (LNG).
4. Coal-fired thermal power project means an
investment project for construction of thermal power plant which uses
domestically produced coal, imported coal, or a combination of domestically
produced coal and imported coal.
5. Expression of Interest (EOI) requester means an
agency, entity affiliated to the Ministry of Industry and Trade; a specialized
agency, agency or unit affiliated to People's Committee of province or
central-affiliated city (hereinafter referred to as “provincial People’s
Committee”), agency or unit affiliated to an economic zone management board
(for investment projects in economic zones); or district-level People's
Committee that is assigned to carry out procedures for invitation for EOIs.
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7. Authority making decision to conduct bidding for
investor selection of electricity business investment project includes the
Ministry of Industry and Trade, provincial People's Committees, and economic
zone management board.
8. Liquefied natural gas (LNG) means a hydrocarbon
product in liquid form deriving from natural gas and consisting primarily of
methane (CH4).
9. Regasification means conversion of LNG in liquid
state to gas state.
Chapter II
ELECTRICITY DEVELOPMENT PLANNING AND ELECTRICAL SUPPLY
GRID DEVELOPMENT PLAN
Article 4. Power source capacity, voltage of
electrical grid under electricity development planning and electrical supply
grid development plan in provincial planning
1. Power source capacity and voltage of electrical
grid under electricity development planning shall be determined as follows:
a) Total installation capacity of power source of
national electrical system conforms to composition of individual power source
type, including storage system and excluding storage system doubled as
renewable energy sources; total installation capacity conforms to composition
of individual local power source type;
b) Power source of which installation capacity is
50 MW or higher and connected electrical grid;
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d) Electrical grid of 220 kV or higher
2. Power capacity of electrical grid and voltage of
electrical grid under electrical supply grid development plan of provincial
planning shall be determined as follows:
a) Power source of which installation capacity is
below 50MW and connected electrical grid of 110 kV or lower;
b) Electrical grid of 110 kV;
c) Estimated total scale of medium-voltage
electrical grid;
d) Scale of power source and electrical grid in
provinces in accordance with electricity development planning.
Article 5. Cases where power sources, electrical
grids are not included in electricity development planning, electrical supply
grid development plan of provincial planning
1. Power source that does not affect national
electrical system includes:
a) Power source in mountainous regions, border
areas, islands that has not been connected to national electrical system;
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2. Power source that marginally affects national
electrical system includes:
a) Power source connected to electrical grid and
outfitted with means to prevent backfeeding to the national electrical system;
b) Power source self-produced, self-consumed from
renewable energy, new energy sources connected to low-voltage electrical grid;
c) Power source self-produced, self-consumed from
renewable energy, new energy sources of households living in single family
houses, state agency headquarters, and public structures;
d) Power source that utilizes residual heat from
manufacturing process for self-consumption processes with or without connection
to national electrical grid where produced electricity is not sold onto
electrical grid.
3. Power source not connected, not selling
electricity onto electrical grid, except for electricity import and export.
4. Low-voltage electrical grid.
5. Renovation and/or upgrade of electricity
projects without increasing capacity or voltage and without increasing land use
demand includes:
a)Renovation and upgrade of power plant, electrical
substations in a manner that does not increase capacity, land use demands
beyond the scope of existing power plants and structures;
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c) Relocation of electrical grid structures for the
purpose of accommodating compensation and site preparation of investment
projects other than electricity at request of competent authorities for
socio-economic development in a manner that does not alter voltage or power
capacity.
Chapter III
DIGITAL TRANSFORMATION, OPERATIONAL MANAGEMENT OF
ELECTRICITY INFORMATION AND DATA SYSTEM
Article 6. Digital transformation, information
and data system in electricity sector
1. Digital transformation, information and data
system in electricity sector consists of information technology
infrastructures, software, database complaint with digital technology platforms
developed, integrated to energy information system for the purpose of
accommodating state management in electricity development coordination for
socio-economic development; energy security assurance; implementation of
solutions, regulations, policies on effective electricity development;
requirements pertaining to digital transformation in electricity.
2. Information technology infrastructures mean
equipment and system for production, transmission, collection, processing,
storage, and communication of digital information and consist of Internet,
computer network, computing equipment (clients, servers), networking equipment,
security and safety equipment, peripherals, and auxiliary equipment.
3. Software application is to be compliant with
technical regulations on application of information technology in state
authorities, satisfactory to demands of state authorities for coordinating
electricity development, and level of information sharing, information safety;
encourage application of new technologies, including artificial intelligence,
big data, block chain, cloud computing, 5G.
4. Database of information and data system in
electricity sector consists of:
a) Technical characteristics of infrastructures of
power plants, power lines, and electrical substations;
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c) Information and data on primary energy supply
for electricity production;
d) Information and data on energy production and
conversion for electricity production;
dd) Average electricity rate by period, average
energy rate by period for electricity production;
e) Other information in accordance with energy
statistical indicators declared by the Ministry of Industry and Trade.
Article 7. Policies of the Government on digital
transformation, information and data system in electricity
1. The Government shall provide necessary resources
for digital transformation, operation of information and data system in
electricity sector, to be specific:
a) Allocate investment for infrastructure
construction, upgrade of information system satisfactory to management,
connection, and sharing demands in electricity and information safety sectors;
b) Allocate funding under estimates on management,
operation, upgrade, continuation of information system and database,
inspection, collection and update of electricity database from recurrent
expenditure of annual state budget in accordance with budget decentralization
(non-recurrent and non-autonomous expenditure on task implementation) of state
authorities;
c) Provide training for professional
qualifications, communication skills, ability to use technical, technology
equipment, digital transformation for participants and operators.
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a) Personnel for connection and data sharing are
provided from locally available human resources currently in charge of
managing, operating information system; or by hiring information technology
services and other sources as per the law;
b) State authorities providing and accessing data
shall have the responsibility to maintain personnel for management, connection,
and sharing.
3. Enterprises of which 100% charter capital is
held by the State or enterprises that hold 100% of their charter capital of
which ownership is represented by ministries, ministerial agencies and are operating
in relevant sectors shall allocate expenditure in accordance with Point a,
Point b, and Point c Clause 1 of this Article in order to operate and connect
to electricity information system, data of the Ministry of Industry and Trade.
4. Organizations and individuals operating in
relevant sectors shall allocate expenditure in accordance with Point a, Point
b, and Point c Clause 1 of this Article in order to operate and connect to
provincial-level electricity information system and data and benefit from
policies as per the law.
Article 8. Organizing implementation and
management of digital transformation, information system, data in electricity
sector
1. The Ministry of Industry and Trade shall develop
infrastructures and operate information system, data in electricity sector in
central level; take charge of data administration, data sharing and access
administration in electricity sector; inspect, collect, consolidate, and update
electricity data and information; guide relevant agencies, organizations to
provide data, data manifest to enable state authorities to access and use;
manage data use and provision depending on data sharing level.
2. The Ministry of Finance shall conform to
assigned tasks and responsibilities, balance, allocate expenditure on digital
transformation, operation of electricity information and data system in
accordance with Clause 1 Article 7 hereof.
3. Ministries, ministerial agencies, Governmental
agencies shall, at their discretion or by directing specialized entities to,
inspect and collect field-specific electricity database and implement digital
transformation in electricity sector within their authority and send to
Ministry of Industry and Trade on a periodic and annual basis; guarantee data
connection and sharing activities.
4. Provincial People's Committees shall request
provincial People’s Councils to allocate expenditure in accordance with Clause
1 Article 7 hereof; direct Departments of Industry and Trade to build
infrastructures, operate provincial-level electricity information and data
system in accordance with local electricity development, and connect to
electricity information and data system of Ministry of Industry and Trade;
submit reports to Ministry of Industry and Trade on a periodic and annual
basis.
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Chapter IV
INVESTMENT AND DEVELOPMENT OF ELECTRICITY PROJECTS
Article 9. General provisions
1. Investment and development of electricity
projects shall conform to planning, investment, construction, environmental
protection, electricity laws, and other relevant law provisions.
2. Prioritize infrastructure development of LNG
import terminals in a manner compliant with centralized LNG terminal model with
high capacity and regasified LNG pipeline system installed from centralized LNG
terminals to thermal power plant in order to optimize shared infrastructures.
Article 10. Milestones of each stage of power
source construction project
1. Milestones of each stage of power source
construction projects under Clause 1 Article 12 of the Law on Electricity
consists of milestones compliant with investment laws and the following
milestones:
a) Issuance of decision on project investment;
b) Commencement of construction of primary project
structures;
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2. Milestones under Clause 1 of this Article shall
be specified under Certificate of investment registration or written approval
of investment guidelines of power source construction projects.
Article 11. Criteria for determining electricity
projects under list of priority investment projects of the Government
Criteria for categorizing electricity projects
implemented by enterprises of which 100% charter capital is held by the State
or enterprises that hold 100% of their charter capital under list of priority
investment projects of the Government:
1. Electricity projects for ensuring national
energy security and solving urgent issues pertaining to electricity supply
security includes:
a) Emergency electricity projects and structures;
b) Projects of national importance, priority
projects of electricity sector according to electricity development planning;
c) Electricity projects in which the Government
holds monopoly in construction in accordance with Point b Clause 2 Article 5 of
the Law on Electricity;
d) Electricity projects serving national defense
and security according to decisions of competent authorities.
2. Electrical grid projects where the Government
performs land expropriation for socio-economic development for national
benefits and public interest in accordance with Land Law.
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4. New energy electricity projects, renewable
energy electricity projects promoting energy transition, greenhouse gas
reduction in accordance with Vietnam’s goals and commitments.
Article 12. Application, procedures for
developing, appraising request for approval, revision of investment guidelines
of investment projects for 220 kV electrical grid or lower that go through at
least 2 provincial-level administrative divisions and require investment
guideline approval according to the Law on Investment
1. Application and procedures for developing,
appraising request for approval of investment guidelines shall conform to
investment laws and Clause 2 Article 13 of the Law on Electricity; competent
authorities approving investment guidelines shall be determined in accordance
with Point a Clause 2 Article 13 of the Law on Electricity.
2. Request for feedback and response during
appraisal for approval of investment guidelines compliant with Point d and
Point dd Clause 2 Article 13 of the Law on Electricity shall only cover details
related to planning, land use plan, power line direction within the province in
question.
3. Applications and procedures for approving
amendments to investment guidelines shall conform to investment laws. Where
amendment takes place in other provinces, competent provincial People’s
Committees entitled to amendment to investment guidelines shall consult
provincial People’s Committees of provinces where said amendment takes place in
accordance with Clause 2 of this Article.
Article 13. Procedures for approval, amendment
to medium-voltage, low-voltage electrical grid investment portfolio
Depending on electrical supply grid development
plans under provincial planning and investment demands for medium-voltage and
low-voltage electrical grids, electricity entities or investors shall request
provincial People’s Committees to approve investment portfolio in accordance
with Clause 3 Article 13 of the Law on Electricity as follows:
1. Application for approval of medium-voltage,
low-voltage electrical grid investment portfolio consists of:
a) Written request for approval of medium-voltage,
low-voltage electrical grid investment portfolio using Form No. 1 under
Appendix attached hereto;
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c) Documentary proof of financial capabilities of
electricity entities, investors which consist of any of the following
documents: financial state of the last 2 years of electricity entities,
investors; financial support statement of parent company; financial support
statement of financial institution; financial guarantee of investors; other
documentary proof of financial capabilities of investors.
2. Appraisal of request for approval of
medium-voltage, low-voltage electrical grid investment portfolio consists of:
a) Conformity assessment of project investment
portfolio with expected medium-voltage in electrical supply grid development
plans under provincial planning;
b) Assessment of investment necessity and investment
goals.
3. Within 3 working days from the date on which
Departments of Industry and Trade receive the applications, Departments of
Industry and Trade shall have the responsibility to examine adequacy and
legitimacy of the application. Where the application is inadequate, Departments
of Industry and Trade shall request electricity entities and investors in
writing to amend the application.
Within 7 working days from the date on which
Departments of Industry and Trade receive adequate applications in accordance
with Clause 1 of this Article, Departments of Industry and Trade shall produce
appraisal reports consisting of details under Clause 2 of this Article and
request provincial People's Committees to approve.
4. Within 5 working days from the date on which
provincial People’s Committees receive application and appraisal reports,
provincial People's Committees shall consider and approve medium-voltage,
low-voltage electrical grid investment portfolio using Form No. 2 under
Appendix attached hereto. In case of rejection, provincial People’s Committees
shall respond electricity entities and investors in writing and state reason
for rejection.
5. Applications under Clause 1 of this Article
shall be submitted on information system for administrative procedures of
provinces and central-affiliated cities or via post service or in-person at
local Departments of Industry and Trade.
6. Where projects under medium-voltage, low-voltage
electrical grid investment portfolio approved by provincial People’s Committees
are to be added, replaced, or removed during implementation of the projects,
electricity entities and investors shall amend investment portfolio as follows:
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b) Procedures for approval for amendments to
medium-voltage, low-voltage electrical grid investment portfolio shall conform
to Clauses 2, 3, 4, and 5 of this Article.
Article 14. Principles and criteria for
determining emergency electricity projects and structures
1. Emergency electricity projects and structures
shall satisfy principles below:
a) Such electricity projects and structures are
included in electricity development projects, electrical supply grid
development plan in provincial planning or implementation plan for electricity
development planning, implementation plan for provincial planning which
contains provisions pertaining to electrical supply grid development plan.
Where a project is not included in planning or plan, competent authority must
approve planning amendment, addition or plan amendment in accordance with
planning laws;
b) Investors have not been determined and
construction time is to be shortened relative to regular construction
investment procedures in order to promptly resolve urging issues pertaining to
electricity supply security.
2. Projects for emergency construction of power
sources and connected grids are categorized by any of the criteria below:
a) Projects for construction of power sources and
connected grids are required to replace a project or projects behind on
schedule according to documents on approval or investment guideline amendment
of competent authorities, projects temporarily suspended or permanently
suspended or where load increases unexpectedly causing electricity shortfall or
insufficient electricity supply security during planning period;
b) Projects for construction of power sources and
connected grids are terminated in accordance with investment laws and handed
over to enterprises of which 100% charter capital is held by the State or
enterprises that hold 100% of their charter capital by competent authorities
for investment and construction and require shortened implementation period for
the purpose of maintaining electricity supply security during planning period
due to reasons under Point a of this Clause.
3. Emergency electrical grid construction projects
playing an important role in transmitting electrical powers between areas to
prevent overload of electrical grid are categorized by any of the criteria
below:
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b) Projects, structures require shorter completion
time to promptly satisfy unexpectedly high load demands and project execution
period from the date on which the projects are approved by competent
authorities as emergency electricity projects to the date on which the projects
enter into operation is less than 24 months for electrical grid projects,
structures under 500 kV and 18 months for electrical grid projects, structures
under 220 kV;
c) 110 kV side projects and structures for
synchronous emergency operation of 220 kV, 500 kV electrical substations;
d) Electrical grid projects, structures for
regional connection of 110 kV voltage or higher where Electrical system
operators determine that relevant regional electrical grid is insufficient to
maintain safe operation in accordance with forecast for the next 2 years from
the date on which propositions for emergency electricity projects are made and
approved by competent authorities.
4. Emergency electrical grid projects, structures
serving national defense and security or local socio-economic development
demands are categorized by any of the criteria below:
a) Electrical projects, structures serving urgent
national defense and security demands;
b) Projects, structures that must be completed as
soon as possible to promptly satisfy unexpectedly high load demands for local
socio-economic development where project execution period from the date on
which competent authorities approve the projects as emergency projects to the
date on which the projects enter into operation is less than 18 months for 110
kV electrical grid projects, structures.
5. On the basis of periodic, irregular reports on
planning, assessment reports on planning implementation in accordance with
planning laws, reports on electrical system operation, and principles and
criteria under this Article, the Ministry of Industry and Trade and provincial
People’s Committees shall propose emergency electrical projects and structures
depending on power capacity under Article 4 hereof and request Prime Minister
to approve as per the law.
Article 15. Principles of energy charge
pass-through; long-term minimum contracted quantity for gas-fired thermal
energy projects
1. Depending on development levels of competitive
electricity markets, gas-fired thermal power plant projects are to adopt appropriate
development regulations, policies in order to maintain energy security,
harmonize combined national interest and interest of the Buyer and the Seller.
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a) Fuel costs in calculation of electricity price
under PPA signed by the Seller and the Buyer shall be determined by fuel costs
at power plants. Where the Seller signs multiple fuel purchase agreements, fuel
costs shall be determined via quantity-weighted mean of invoices under these
fuel purchase agreements;
b) In respect of power plant projects consisting of
storage units, gas pipelines for import and direct use of LNG, the Seller has
the right to recover reasonable and legitimate expenditure upon investing in
storage units and gas pipelines via PPA price in accordance with negotiation
between the Seller and the Buyer without repeating investment in storage units
and pipelines at power plants;
c) In respect of power plants sharing storage units
and gas pipelines for purchase and use of regasified LNG:
Fuel costs at power plants shall be calculated on
the basis of costs for importing LNG to Vietnamese ports and costs for LNG
storage, regasification, transport, and distribution services;
The Ministry of Industry and Trade shall evaluate
LNG storage, regasification, transportation, and distribution services.
3. Principles of determination of long-term minimum
contracted quantity:
Gas-fired thermal power projects shall participate
in competitive electricity market of all levels where the Seller and the Buyer
shall negotiate about long-term minimum contracted quantity under PPA on the
basis of the following principles:
a) In respect of gas-fired thermal power projects
utilizing domestic natural gas, long-term minimum contracted quantity shall be
determined by the maximum gas supply capability in a manner satisfactory to
fuel, capacity, available electricity generation liabilities of gas-fired
thermal power projects;
b) In respect of gas-fired thermal power projects
utilizing imported LNG:
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Following adoption period of long-term minimum
contracted quantity, contracted quantity or percentage of electricity to be
paid by contract rate of remaining years shall be agreed upon by the Seller and
the Buyer during PPA negotiation and discussion and relevant law provisions;
Average electricity generated in multiple years is
to be determined in accordance with methods for determining electricity
generation service costs; principles of electricity cost determination for
execution of electricity projects; basic details of PPA promulgated by the
Minister of Industry and Trade and provisions under PPA.
4. Application of Clause 2 and Clause 3 of this
Article:
a) In respect of gas-fired thermal power projects
utilizing imported LNG where electricity generation is carried out before
January 1, 2031, Clause 2 and Clause 3 of this Article shall be adopted as soon
as competent authorities issue written approval for construction commissioning
results of project developers;
b) In respect of gas-fired thermal power projects
utilizing domestic LNG where electricity generation is carried out before
January 1, 2036, Clause 2 and Clause 3 of this Article shall be adopted as soon
as competent authorities issue written approval for construction commissioning
results of project developers.
5. The Buyer and the Seller have the responsibility
to:
a) negotiate about long-term minimum contracted
quantity and effective period under PPA in a manner compliant with this Article
and other relevant law provisions;
b) provide the Buyer with data, technical
specifications, economic - financial data and other necessary information of
gas-fired thermal power projects which serve as the basis for PPA negotiation;
ensure accuracy and credibility.
6. National Load Dispatch Center and the
Electricity Market Operator have the responsibility to:
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b) closely cooperate with the Buyer and the Seller
in operating, dispatching, mobilizing power plants utilizing domestically
produced LNG and imported LNG in accordance with regulations of the law on
operation of competitive electricity market of all levels and load dispatch,
operation of the Minister of Industry and Trade.
7. Gas-fired thermal power plants invested, built
under public private partnerships and adopting BOT contracts may choose to
adopt provisions under this Article and other relevant law provisions.
Article 16. Investment funding after electricity
meters for domestic purposes in households in rural areas, ethnic minority
zones, mountainous regions, border areas, islands, and areas with disadvantaged
socio-economic conditions
1. Support for electricity supply for domestic
purposes after electricity meter shall be provided for households (including
wire, primary electrical panels, circuit breakers, electrical sockets, bulbs,
other materials and equipment) in rural areas, ethnic minority zones,
mountainous regions, border areas, islands, areas with disadvantaged
socio-economic conditions and households whose residence is damaged by natural
disasters, fire, or to be rebuilt.
2. Support for investment in wires after
electricity meter to primary distribution panels for domestic purposes shall be
provided for households in rural areas, ethnic minority zones, mountainous
regions, borders, islands, and areas with disadvantaged socio-economic
conditions and households whose residence is damaged by natural disasters, fire
to an extent that reconstruction is not required.
3. Forms of support provided by the Government
under Clause 1 and Clause 2 of this Article shall conform to electricity supply
programs, projects, structures utilizing state investment funding.
Chapter V
BIDDING FOR INVESTOR SELECTION OF ELECTRICITY BUSINESS
INVESTMENT PROJECT
Article 17. Electricity business investment
projects where bidding for investor selection is required
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a) Gas-fired and coal-fired thermal power project;
b) Renewable energy power projects including: solar
power, wind power, hydroelectricity, bioenergy.
2. Bidding for contractor selection of electricity
business investment projects shall conform to bidding laws and this Decree.
Article 18. Specific requirements in bidding
documents of electricity business investment projects
1. In respect of projects under planning, plan for
planning execution, plan for electrical grid development in provincial
planning, EVN (or authorized representatives thereof), Northern Power
Corporation, Central Power Corporation, Southern Power Corporation, Hanoi City
Power Corporation, Ho Chi Minh City Power Corporation shall have responsibility
to purchase electricity at request of competent authority in accordance with
bidding laws or authorities deciding to conduct bidding for investor selection.
2. Competent authorities in accordance with bidding
laws or authorities deciding to conduct bidding for investor selection shall
have the responsibility to determine the Buyer in accordance with Clause 1 of
this Article which will sign PPA with investors.
3. Bidding documents of electricity business
investment projects consist of:
a) Information on the Buyer in accordance with
Clause 1 of this Article;
b) Documents produced in accordance with bidding
laws;
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d) Draft PPA proposed by the Buyer after
negotiating with authorities deciding to conduct bidding for investor
selection;
dd) Required import substitution percentage in case
of important equipment and counseling services for the purpose of continuous
electricity supply, national electricity security in accordance with
electricity laws;
e) Investment security measures in accordance with
Article 15 hereof.
4. Responsibility to incur costs for surveying,
preparing prefeasibility study:
a) Investors shall incur if they propose the
projects;
b) Competent authorities in accordance with bidding
laws, authorities deciding to conduct bidding for investor selection shall
incur using recurrent expenditure, except for cases detailed under Point a of
this Clause;
c) Selected investors shall incur expenditure
provided under Point b of this Clause;
d) Where expenditure has been paid in accordance
with Point a of this Clause and where investment guidelines of the projects are
rejected or no investors are awarded the contract, investors proposing the
projects shall incur the expenditure;
dd) Where expenditure has been paid in accordance
with Point b of this Clause and where no investors are awarded the contract or
implementation of the project is suspended at request competent authority, such
expenditure shall be recorded to as legitimate expenditure of competent
authorities in accordance with bidding laws and authorities deciding to conduct
bidding for investor selection.
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1. In respect of electricity business investment
projects compliant with tariff promulgated by the Ministry of Industry and
Trade, evaluation criteria shall be electricity price as follows:
a) Ceiling price of electricity in bidding
documents means the highest prince in electricity price tariff corresponding to
type of power source promulgated by the Ministry of Industry and Trade in the
bidding year;
b) Investors shall propose electricity price in
bidding documents not higher than ceiling price under bidding documents;
c) Winning bid shall be highest electricity price
with which the Buyer negotiates PPA price with the awarded investors.
2. In respect of electricity business investment
projects without price tariff promulgated by the Ministry of Industry and
Trade:
a) Evaluation criterion for electricity sector
development effectiveness equals at least the annual payment to state budget.
Investors shall propose this payment value under their bid not lower than the
minimum value under their bidding documents;
b) Payment under Point a of this Clause is
independent from liabilities to state budget of the investors as per the law;
c) Submission of payment under Point a of this
Clause to the state budget shall be implemented as follows: value of annual
payment to state budget shall be determined by propositions of the investors in
their bid; method, schedule, and time limit for submitting payment under Point
a of this Clause shall be elaborated under contracts for business projects.
Article 20. Negotiation and conclusion of
electricity business contracts, power purchase agreements
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1. The maximum time limit in which the winning
investors must approve prefeasibility study for construction of electricity
projects from the date on which contracts for electricity business investment
projects:
a) In respect of hydroelectricity projects, gas-fired
thermal power projects, coal-fired thermal power projects, and wind power
projects, up to 15 months;
b) In respect of bioenergy projects, solar power
projects, up to 6 months.
2. On the basis of bidding for investor selection
of electricity business investment projects and approved feasibility study for
construction of electricity business investment projects, the Buyer and winning
investors have the responsibility and obligation to negotiate, conclude PPA.
The time limit for negotiating and concluding PPA from the date on which
investors submit legitimate documents to the Buyer shall be 3 months.
3. The Buyer and winning investors shall be
responsible for time limit for negotiation and conclusion of PPA in a manner
ensuring project schedule as per electricity development planning, provincial
planning, and electricity supply security.
Chapter VI
ORGANIZING IMPLEMENTATION
Article 21. Responsibility for implementation
1. The Ministry of Industry and Trade has the
responsibility to take charge and cooperate with relevant agencies,
organizations in:
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b) consolidating and evaluating implementation
results of this Decree and reporting to the Government for consideration and
amendment on an annual basis.
2. Provincial People’s Committees shall:
a) organize, examine, and supervise implementation
of this Decree and state management pertaining to power source and grid
development;
b) assign Departments of Industry and Trade to take
charge and cooperate with relevant entities in examining compliance with
regulations on planning, construction investment, bidding for investor
selection for electricity business in respect of electricity projects in accordance
with this Decree.
Article 22. Amendment to Decree No.
115/2024/ND-CP dated September 16, 2024 elaborating the Bidding Law pertaining
to investor selection for investment projects using land
1. Amend Clause 1 Article
14:
“1. Procuring entities shall assign expert teams to
prepare bidding documents consisting of elements under Article 48 of the
Bidding Law in order to enable investors to develop bid. In respect of
investment projects for construction power structures, bidding documents shall
also include draft PPA proposed by the Buyer and negotiated with authorities
deciding to conduct bidding in accordance with electricity laws.”.
2. Amend Point d Clause 2
Article 19:
“d) d) Value proposed by the investors pertaining
to effectiveness of investment in field, sector, local development in letter
bid consists of any of the following information: payment to state budget;
percentage of revenues proposed by the investors for payment to state budget;
goods and service price; number of non-profit public structures; value of
social support or other social benefits provided for social support
beneficiaries defined either via monetary value or number of beneficiaries;
type and level of pollution and total quantity of pollutants released to the
environment; area of land used, land use coefficient; rate of payment to state
budget and percentage increase in number of investors proposing construction
projects for aviation service establishments; annual payment to state budget,
electricity price in case of investment projects for construction of energy
structures; relocation homes delivery time limit in respect of apartment
building renovation and reconstruction projects (where evaluation standards
pertaining to effectiveness of investment in field, sector, local development;”.
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“2. In respect of investment projects for
construction of energy structures, evaluation standards pertaining to
effectiveness of investment in field, sector, local development shall conform
to electricity laws.”.
4. Annul Article 70.
5. Amend Point a Clause 7
Section II Appendix III:
“a) Value proposed by the investors consists of:
payment to state budget; percentage of revenues proposed by the investors for
payment to state budget; goods and service price; number of non-profit public
structures; value of social support or other social benefits provided for
social support beneficiaries defined either via monetary value or number of
beneficiaries; type and level of pollution and total quantity of pollutants
released to the environment; area of land used, land use coefficient; rate of
payment to state budget and percentage increase in number of investors
proposing construction projects for aviation service establishments; annual
payment to state budget, electricity price in case of investment projects for
construction of energy structures; relocation homes delivery time limit in
respect of apartment building renovation and reconstruction projects;”.
Article 23. Entry into force
This Decree comes into force from the date of
signing.
Article 24. Transition clauses
1. Electricity projects that have been included in
electricity development planning, implementation plans for electricity
development planning of which power capacity is included in electrical supply
grid development plans under provincial planning in accordance with Article 4
hereof shall conform to decisions approved by competent authorities. These
projects shall be updated in provincial planning or implementation plans for
provincial planning where provincial planning is developed or amended after the
effective date hereof.
2. Medium-voltage, low-voltage electrical grid
projects of which adequate applications for approval, amendment of investment
guidelines have been received by investment registration authorities before the
effective date hereof shall conform to investment laws.
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a) Where bidding documents have not been issued as
of the effective date hereof, bidding documents shall be required to comply
with this Decree;
b) Where bidding documents have been issued in
accordance with Decree No. 115/2024/ND-CP dated September 16, 2024 and guiding
documents and where investor selection results have not been approved as of the
effective date hereof, if bid has been submitted, conduct bid evaluation on the
basis of issued bidding documents; if bid has not been submitted, authorities
deciding to conduct bidding for investor selection may extend bid closing
deadline and amend bidding documents in accordance with this Decree.
Article 25. Responsibilities for implementation
Ministers, heads of ministerial agencies, heads of
Governmental agencies, Chairpersons of provincial People’s Committees shall be
responsible for the implementation of this Decree.
ON BEHALF OF
THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Bui Thanh Son
APPENDIX
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Form No. 01
Application for approval of medium-voltage,
low-voltage electrical grid investment portfolio (or investment portfolio
amendments)
Form No. 02
Decision approving medium-voltage, low-voltage
electrical grid investment portfolio (or investment portfolio amendments)
Form No. 1: Application for approval of
medium-voltage, low-voltage electrical grid investment portfolio (or investment
portfolio amendments)
NAME OF
ORGANIZATION
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
----------------
No. ………
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APPLICATION
For approval of
medium-voltage, low-voltage electrical grid investment portfolio (or investment
portfolio amendments)
To: Department of
Industry and Trade of …………… (Province/City)
Pursuant to the Law on Electricity No. 61/2024/QH15
dated November 30, 2024;
Pursuant to Decree No. ……… /2025/ND-CP dated ……………
2025 of the Government elaborating electricity development planning, electrical
supply grid development plans, electricity project investment and construction,
and bidding for investor selection for electricity business investment
projects;
…………………… (Electricity entity/Investor) hereby
requests Department of Industry and Trade of ……… (Province/City) to approve
medium-voltage, low-voltage electrical grid investment portfolio (or investment
portfolio amendments).
I. INFORMATION ON INVESTMENT PORTFOLIO
1. Investment portfolio consists of: name of
project, expected scale (capacity, voltage, length, etc.), estimation (of
investment capital, funding sources, schedule, areas receiving electricity
supply, land use demand) according to appendix.
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3. Necessity for investment, investment goals;
conformity to electrical supply grid development plans under provincial
planning.
In case of application for investment portfolio
amendments: include information on implementation of projects under the
investment portfolio, documents relevant to the amendments (if any).
II. LIST OF ATTACHMENTS
1. Documents on legal status of electricity entity,
investor include:
ID card, passport that has not expired, other
identity verification documents in case of individual; tax identification
number in case of organization.
2. Documentary proof of financial capabilities of
electricity entity, investor which consist of any of the following documents:
financial state of the last 2 years of electricity entity, investor; financial
support statement of parent company; financial support statement of financial
institution; financial guarantee of investor; other documentary proof of
financial capabilities of investor.
…………………… (Electricity entity/Investor) hereby requests
Department of Industry and Trade to appraise medium-voltage, low-voltage
electrical grid investment portfolio (or investment portfolio amendments) on
the basis of the aforementioned information.
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Appendix
MEDIUM-VOLTAGE,
LOW-VOLTAGE ELECTRICAL GRID INVESTMENT PORTFOLIO (OR INVESTMENT PORTFOLIO
AMENDMENTS)
No.
Name of project
Expected scale
Preliminary
investment
Investment
funding sources
Expected
schedule
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Expected land
use demand (ha)
1
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Form No. 2: Decision approving medium-voltage,
low-voltage electrical grid investment portfolio (or investment portfolio
amendments) on ………… (Province/City)
PEOPLE’S
COMMITTEE OF ………… PROVINCE/CITY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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………………………
(Location and date)
DECISION
Approving
medium-voltage, low-voltage electrical grid investment portfolio (or investment
portfolio amendments)
PEOPLE’S
COMMITTEE OF ……………
Pursuant to the Law on Electricity dated
November 30, 2024;
Pursuant to Decree No. ……… /2025/ND-CP dated
…………… 2025 of the Government elaborating electricity development planning,
electrical supply grid development plans, electricity project investment and
construction, and bidding for investor selection for electricity business
investment projects;
Pursuant to other relevant legal basis
(Provincial planning; implementation plan for provincial planning);
Pursuant to ……… on functions, tasks, powers, and
organizational structure of Departments of Industry and Trade;
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Considering appraisal report No. ……………… dated
………………… of Department of Industry and Trade; remarks of relevant
entities/agencies (if any).
HEREBY DECIDES:
Article 1. Approve medium-voltage,
low-voltage electrical grid investment portfolio (or investment portfolio
amendments) as follows:
1. Investment portfolio (or approved amendments
to investment portfolio) consists of: name of project, expected scale
(capacity, voltage, length, etc.), estimation (of investment capital, funding
sources, schedule, areas receiving electricity supply, land use demand)
according to appendix.
2. Name of electricity entity/investor and contact
information (phone number, address, etc.): …………
3. Investment objectives: ………….
Article 2. Organizing implementation
1. Responsibilities of Electricity entity/Investor:
2. Responsibility of Departments of Industry and
Trade:
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Article 3. This Decision comes into force
from the date of signing.
Department of Industry and Trade and Electricity
Entity/Investor mentioned under Article 1 shall be responsible for the
implementation of this Decision.
Office of the People’s Committee of ……….
Province/City is responsible for uploading this Decision on website of …………
ON BEHALF OF
PEOPLE’S COMMITTEE
CHAIRPERSON
(Signature, full name, and seal)
Appendix
MEDIUM-VOLTAGE,
LOW-VOLTAGE ELECTRICAL GRID INVESTMENT PORTFOLIO (OR INVESTMENT PORTFOLIO
AMENDMENTS)
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Name of project
Expected scale
Preliminary
investment
Investment
funding sources
Expected
schedule
Expected areas
receiving electricity supply
Expected land
use demand (ha)
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2
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