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MINISTRY OF INDUSTRY AND TRADE OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 06/VBHN-BCT
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Hanoi, February 21, 2023
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CIRCULAR
WIND POWER PROJECT DEVELOPMENT AND POWER PURCHASE AGREEMENT
FOR PROJECTS THEREOF
Circular No.
02/2019/TT-BCT dated January 15, 2019 of the Minister of Industry and Trade on
wind power project development and power purchase agreement for projects
thereof, which comes into force from February 28, 2019, is amended by:
Circular No.
42/2019/TT-BCT dated December 18, 2019 of the Minister of Industry and Trade on amendments to some provisions on periodical
reporting in Circulars promulgated or jointly promulgated by the Minister of
Industry and Trade, which comes into force from February 05, 2020 [1];
Circular No.
01/2023/TT-BCT dated January 19, 2023 of the Minister of Industry and Trade on
annulment of certain regulations of Circular No. 02/2019/TT-BCT dated January
15, 2019 of the Minister of Industry and Trade on wind power project
development and power purchase agreement for projects thereof and Circular No.
18/2020/TT-BCT dated July 17, 2020 of the Minister of Industry and Trade on
solar power project development and power purchase agreement for projects
thereof, which comes into force from January 19, 2023.
Pursuant to the Law
No. 28/2004/QH11 on Electricity dated December 03, 2004; the Law on amendments
to the Law on Electricity dated November 20, 2012;
Pursuant to
Government’s Decree No. 98/2017/ND-CP dated August 18, 2017 on functions,
tasks, powers and organizational structure of the Ministry of Industry and
Trade;
Pursuant to 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 and
Decision No. 39/2018/QD-TTg dated September 10, 2018 of the Prime Minister on
amendments to some 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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The Minister of Industry
and Trade promulgates a Circular on wind power project development and
power purchase agreement for projects thereof [2].
Chapter I
GENERAL PROVISIONS
Article 1. Scope and
regulated entities
1. This Circular provides
for wind power project development and power purchase agreement for wind power
projects in Vietnam (hereinafter referred to as “power purchase agreement”).
2. This Circular applies
to:
a) Investors in wind
power projects;
b) Units managing and
operating wind power works;
c) Power Buyers;
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Article 2. Definition
of terms
In this Circular, the
terms below are construed as follows:
1. “Power Buyer” means Vietnam Electricity or its authorized - affiliated
units or an organization receiving rights and obligations from Vietnam
Electricity according to regulations of the law.
2. “Power
Seller” means an enterprise that
produces, operates and trades electricity power from wind power plants or an
organization receiving rights and obligations to produce, operate and trade
electricity power of the enterprise according to regulations of the law.
3. ”Comprehensive
complex of wind turbine” includes
electric generator, single throw switch, blades, tower, synchro transformer,
connection lines, and other equipment and construction compositions using wind
power to produce electricity. The base of the tower, electrical
substation, cable channel and related construction works are not classified as
comprehensive complex of wind turbine.
4. ”Onshore wind
turbine” means a turbine of which the
center of the base is built on land and in a coastal area where the boundary
from the sea water's edge to the inside of the area is at the lowest for
multiple years. The sea water's edge at the lowest for multiple years is
determined and promulgated in the Government's Decree No. 40/2016/ND-CP dated
May 15, 2016 on elaboration of implementation of some Articles of the Law on
Sea and Island Natural Resources and Environment or regulations on amendments
to or replacement of the Law thereof.
5. “Offshore wind
turbine” means a turbine of which the
center of the base is built outside the sea water's edge which is at the lowest
during the offshore years. The lowest sea water's edge in multiple years
shall be determined and announced in accordance with Clause 4 of this Article.
6. “Land area for
survey, study and investment in wind power projects” means a restricted area within the geographical boundary
specified in the approval document of the People's Committee of province or
central-affiliated city. Such document
permits the investor to carry out survey, research and evaluation of the wind
power potential in order to plan the wind power investment project within a
permitted period. This area shall only be used for survey and research
activities, including construction of wind measurement pole and survey of
geology and topography.
7. ”Land area for use
with term of wind power projects” means
the total area of the base of wind turbine, including both the base protection
area and the area for installation of synchronous equipment at the base of the
wind power pole; underground cables that connect with the wind power, base of
the utility poles, electrical substations; area for building internal road
system and management agency. Land area for use with term shall be handed to
the project investor for the whole project’s life time by the competent agency.
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9. “Safety corridor of
wind power work” means the safety corridor
of the wind tower, power transmission lines, substations and auxiliary items.
10. “Safety corridor
of wind power tower” has the shape of
a semicircle whose center is the center of the base of wind tower, and the
radius equals (=) the height of the tower plus (+) the radius of the rotor.
11. IEC
standards mean electrical standards
issued by international electrotechnical commission.
Chapter II
WIND POWER PROJECT DEVELOPMENT
Article 3. Planning
and list of wind power projects to be developed
1. Wind power project
development is carried out in accordance with the power development planning,
in which the wind power development potential and area shall be determined for
each province. The wind power projects which have not been planned shall
be apprised and submitted to competent authorities for approval and addition to
the power development planning.
2. Projects which have
been specified in the power development planning at all levels and in the
approved provincial wind power development planning shall be carried out in
accordance with the transitional regulations specified in Point c Clause 1 and
Clause 3, Article 59 of the Law on Planning.
3.[3] (Annulled)
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Article 4. [4] (Annulled)
Article 5.
Requirements for wind measurement
The wind power project
shall have a wind measurement report which has been made at the project's area
before the feasibility study report is made and approved. The wind measurement
shall be carried out within a minimum period of 12 consecutive months at the
representative locations, and the quantity of the wind measuring poles must be
suitable to the topographical change of the project’s area. The wind
measurement method, equipment and results shall comply with the IEC standards
or equivalent international standards.
Article 6. Feasibility
study report on wind power project
The feasibility study
report on the wind power project shall be made in accordance with regulations
of the law on construction investment management and contain the following
contents:
1. Wind measurement
results according to Article 5 hereof.
2. Angular coordination
and location; land area for use with term and land area for temporary use; area
that covers the territorial waters (in case the location is on the sea) of the
wind power project.
3. Plan for connection,
evaluation of impacts of the wind power project connection plan on the power system
of the area and the ability to release the project’s capacity.
4. Technical plan and
method, and expenditures for dismantling and handling the equipment of the wind
power plant after the project ends.
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Article 7. [5] (Annulled)
Article 8. Wind power
project inspection
1. Works or work items
shall be brought into use after being inspected and after the inspection is
checked in accordance with applicable regulations.
2. The Electricity and
Renewable Energy Authority, within its jurisdiction as same as that of the
Ministry of Industry and Trade, shall take charge to check the inspection of
wind power works.
3. The Department of
Industry and Trade and units that have been authorized, within the jurisdiction
of the Department of Industry and Trade, shall take charge to check the
inspection of wind power works according to applicable regulations.
Article 9. Reporting
regime and operation management
1. Within 10 working days
after receiving the Investment Policy Decision and the Investment Registration
Certificate, the provincial People’s Committee shall send certified true copies
of the Decision and Certificate thereof to the Electricity and Renewable Energy
Authority for supervision and management.
2.[6] (Annulled)
3.[7] Annually,
before January 15 and July 15, the provincial People’s Committee having the
wind power projects shall send a six-month report on investment registration
activities and the project’s implementation process in the province to the
Ministry of Industry and Trade (the Electricity and Renewable Energy Authority)
by post for management and monitoring. The report form is specified in
Appendix I hereto.
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Article 10. Equipment
of wind power projects
1. The equipment of wind
power works shall satisfy Vietnam technical requirements and standards or IEC
standards or equivalent standards.
2. The equipment of the
wind power work shall not be second-hand, not leave the factory more than 05
years, and shall have appropriate Origin and Production Certificates. If the
second-hand equipment of the wind power work is used or it has left the factory
for more than 05 years, it shall be required to timely report to the Ministry
of Industry and Trade so that this Ministry cooperates with related agencies in
making decisions.
Article 11. Work
safety
1. The scope of the wind
power work includes areas of wind towers, power transmission lines, electrical
substation and other auxiliary items. Safety corridor of wind power works,
safety corridor of the lines and electrical substation shall comply with
technical standards and regulations on electrical equipment, regulations on
safety for high-voltage power grid and other law regulations on power work
safety.
2. The wind power work
must be 300 m away from the residential area.
3. Wind power turbine and
wind power tower must be bright in color and must be non-reflective.
Article 12. Land use
area
1. The land used for the
wind power project development shall include: land area for survey, study and
investment in wind power project; land area for use with term of the wind power
project; and land area for temporary use of the wind power project.
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Article 13. Land use
management within the area of wind power work
1. The land area for use
with term of the wind power project must be conformable with the land use
planning and land use plan and shall not overlap other plannings which have
been approved by competent agencies.
2. Wind power works shall
be prioritized to develop in the arid and rocky land, with little value of
agriculture, aquaculture, sparsely populated areas or areas without citizens.
3. After the wind power
work is brought into operation, the investor must restore the original state of
the temporarily-owned area and hand it over to the local government for
management.
4. The provincial People’s
Committee may allow the land within the area of wind power project to be used
for the appropriate purposes (cultivation, cottage farming) and shall ensure
safety for the operation of wind power works.
Chapter III
POWER PURCHASE AGREEMENT FOR
GRID-CONNECTED WIND POWER PROJECTS
Article 14.
Application of wind power price to wind power project
If the grid-connected
wind power project includes the onshore and offshore wind power turbines, the
Power Seller shall agree with the Power Buyer about the electric meter
installation method and the method for measuring and calculating the separated
power output of each onshore or offshore wind turbine, in order to use such
output as the basis for application of the appropriate power price.
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1. The power purchase
agreement shall be used for selling and buying power between the Power Seller
and the Power Buyer.
2. The power purchase
agreement shall be only applied to the electrical energy produced from the wind
energy source.
3. Contents of power
purchase agreements for wind power projects are specified in Appendix 2 hereto.
4. The Power Seller and
Power Buyer may only add contents to the power purchase agreement to clearly
state the responsibilities and powers of the parties but must not change the
basic contents of the agreement.
Article 16. Procedures
for signing power purchase agreements for wind power projects
1. Procedures for signing
a wind power purchase agreement
a) The investor in the
wind power plant project shall make an application for signing the power
purchase agreement with the Power Buyer. The Buyer will subsequently carry out
the appraisal and approval procedures for signing such agreement.
b) Within 15 working days
after receiving the application for signing of the valid power purchase
agreement from the investor, the Power Buyer shall review the agreement and
sign it with the Power Seller.
2. An application for
signing the power purchase agreement includes:
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b) Legal documents of the
project, including: Approval Decision of the competent authority on planning
for power source and grid; Investment Policy Decision or Investment
Registration Certificate; Investment Project Approval Decision;
c) A draft power purchase
agreement using the form specified in Appendix II hereto;
d) Agreement on
connecting power plant to the national power system. Such agreement is enclosed
with the connection method of such power plant; SCADA/EMS Agreement and DIM
system (Instruction Dispatch Management); agreement on automatic and protective
relay system;
dd) Documents on
calculation of loss of capacity and electrical energy of transformers and lines
transmitted from the power plant to the points connected with the national
power system, and documents on calculation of the electricity used in the power
plant.
Chapter IV
IMPLEMENTATION
Article 17.
Implementation
1. Electricity and
Renewable Energy Authority shall:
a) Disseminate this
Circular, provide guidance for implementation it and inspect such
implementation. If any problem arises during the implementation,
Electricity and Renewable Energy Authority shall cooperate with related units
and local authorities in considering and requesting the Minister of Industry
and Trade to amend this Circular.
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c [8] (Annulled).
2. The Department of Industry
shall take charge to study and suggest regulations on encouragement to develop
the domestic production of wind power work equipment in order to improve the
localization ratio of the wind power project and then send a report to the
Minister of Industry and Trade so that the Minister submits it to the Prime
Minister for consideration and decision.
3. Provincial People’s
Committee shall:
a) Monitor, supervise,
inspect and report the development of wind power projects in the province
according to the approved power development planning in accordance with
regulations hereof.
b) Cooperate with the
Ministry of Industry and Trade in locating wind power development area in the
province and ensuring that such area is conformable with the land use planning,
national marine spatial planning and technical and specialized plannings.
Article 18.
Transitional regulations
Regarding wind
power projects which have been brought into operation before November 01, 2018,
the power purchase agreement may be re-signed with the Power Buyer for the
purpose of application of the power price specified in Clause 7, Article 1 of
the Decision No. 39/2018/QD-TTg from November 01, 2018 to the expiry date
specified in the signed power purchase agreement.
Article 19. Entry into
force
This Circular comes into
force from February 28, 2019. The Circular No. 32/2012/TT-BCT dated November
12, 2012 of the Ministry of Industry and Trade on wind power project
development and power purchase agreement for projects thereof and the Circular
No. 06/2013/TT-BCT dated March 08, 2013 of the Ministry of Industry and Trade
on contents and procedures for making, appraising and approving wind power
development planning shall expire after this Circular comes into force./.
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CERTIFIED BY
PP. MINISTER
DEPUTY MINISTER
Dang Hoang An
APPENDIX 1
PERIODICAL REPORT ON INVESTMENT REGISTRATION ACTIVITIES AND
EXECUTION PROCESS OF WIND POWER PROJECTS IN THE PROVINCE
(Enclosed with the Circular No. 02/2019/TT-BCT dated January 15, 2019 of
the Minister of Industry and Trade)
PEOPLE’S COMMITTEE OF … (PROVINCE)
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. ………/BC-……..
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REPORT
Investment registration activities and execution process of
wind power projects in … (province)
To: Ministry of Industry and Trade (Electricity and
Renewable Energy Authority)
1. Registration and
execution process of wind power projects in …. (province)
Ongoing projects of the
power development planning: comprehensive information
1.2. Projects with approved investment guidelines:
comprehensive information
1.3. Projects registered and implemented: comprehensive
information
Summarized schedule of
the registration and execution process of wind power projects (enclosed with
the Report)
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Name of the first
project:
Investor in the project:
Investment license No.
……….date…………. /……../ ………….
Power Purchase Agreement
No. …………date…………….signed with the Power Corporation…….
Stage 1 capacity:
Stage 2 capacity:
Time for bringing into
operation in stage 1:
Time for bringing into
operation in stage 2:
Progress report: (must
be evaluated and updated according to the actual implementation process)
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- Formulation and
approval for the technical drawing/construction drawing
- Land clearance
- Bidding for
construction, installation and purchase of equipment
- Infrastructure
execution
- Acceptance and
operation
Expected progress of
main activities:
- Bidding and purchase of
equipment
- Infrastructure
execution
- Equipment installation
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3. Weaknesses and
recommendations
SCHEDULE FOR SUMMARIZING REGISTRATION AND IMPLEMENTATION
PROCESS OF WIND POWER PROJECTS
NO
Name of project/wind measuring pole
Location
Investor
Total installation capacity (MW)
Area (ha)
Total investment (billion)
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Project's current state (operation,
feasible study, pre feasible study)
Expected operation year
Project coordinate (clearly specifying
the coordinate system, projection “múi chiếu”, region)
Electric power output (kWh/year)
Electrical substation
Transmission line
Connection location
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I
Project name
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1
Tuy Phong wind power plant
Tuy Phong district, Binh Thuan
REVN
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500
1500
1x63 MVA
Line 110kV
Double Circuit AC240, with a length of 3,5 km
TC 110 of electrical substation
110 kV Tuy Phong
2009
Ex:
Geographical coordinate system, Latitude/Longitude: 9.256261oN; 105.821856oE.
or VN2000 with a projection of 3 or 6 degrees, or coordinate system UTM WGS84
in region 48 or 49; 590272:1023288.
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Total
30,00
500,0
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II
Wind measuring pole
Location
Investor
Measuring height (m)
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Coordinate of wind measurement pole
(clearly specifying the coordinate system, projection “múi chiếu”, region)
1
X wind power plant
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X company
Measurement at 03 different heights: 80m,
60m, 40m
10/12/2010
5/21/2012
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2
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Total:
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Contact address:
Electricity and Renewable Energy Authority, 23 Ngo Quyen, Hanoi.
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POWER PURCHASE AGREEMENT FOR WIND POWER PROJECTS
(Enclosed with the Circular No. 02/2019/TT-BCT dated January 15, 2019 of
the Ministry of Industry and Trade)
POWER PURCHASE AGREEMENT FOR WIND POWER PROJECT
FOR
WIND POWER PROJECT (Specifying the name)
BETWEEN
[NAME OF SELLER]
as “Power Seller" and
[NAME OF BUYER]
as “Power Buyer"
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Article 1. Definition
Article 2. Delivery,
purchase and sale of electricity power
Article 3. Connection and
metering
Article 4. Operation of
the power plant
Article 5. Invoicing and
payment
Article 6. Force majeure
Article 7. Term of
agreement
Article 8. Breaches,
damage compensation and termination of agreement
Article 9. Dispute
settlement
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Article 11. Other
agreements
Article 12.
Implementation commitment
APPENDIX A Agreement on
system connection
APPENDIX B Technical
specifications of the power plant
APPENDIX C Metering
system and data collection
APPENDIX D Requirements
before commercial operation
APPENDIX E Electricity
payment
APPENDIX G Other
agreements
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POWER PURCHASE AGREEMENT
Pursuant to the Law on
Electricity dated December 03, 2004; the Law on amendments to some Articles of
the Law on Electricity dated November 20, 2012;
Pursuant to the
Commercial Law dated June 14, 2005;
Pursuant to 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 and
Decision No. 39/2018/QD-TTg dated September 10, 2018 of the Prime Minister on
amendments to some Articles of Decision No. 37/2011/QD-TTg;
Pursuant to Circular No.
/2019/TT-BCT dated /2019 of the
Ministry of Industry and Trade on wind power project development and power
purchase agreement for projects thereof;
According to the demands
for purchasing and selling electricity of the two parties,
Today, DD………MM……….YY…………,
at…………...
We are:
Seller:
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Phone:…………Fax:…………..
Tax identification
number:
Account:…………….Bank:……………
Representative:
Title:
(To be authorized
by…………….in accordance with authorization document No., DD………….MM………YY………..)
(hereinafter referred to
as "Seller”); and
Buyer;
Address:
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Tax identification
number:
Account:…………….Bank:……………
Representative:
Title:
(To be authorized
by…………….in accordance with authorization document No., DD………….MM………YY………..)
(hereinafter referred to
as "Buyer”).
The parties hereto
covenant and agree to sign the power purchase agreement for the purchase and
sale of electricity from the wind power plant (Project’s name), with the total
installation capacity of [project's capacity], invested in construction by the
Seller and operated at [project's location]. The agreement has the following
terms and conditions:
Article 1. Definition
In this agreement, the
terms below are construed as follows:
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2. Connection
point is where the electric line
of the Seller is connected to the electric system of the Buyer as agreed in
Appendix A of this Agreement.
3. Electricity
Delivery Point is where the
equipment is installed for metering the power output sold of the Seller.
4. Electricity
power purchased/sold is the power
generated from the power plant under the possibly greatest generation capacity
of the plant minus the power amount for self-use and the loss of the power
plant at the electricity delivery point, and calculated by kWh, and accepted to
be sold and annually delivered to the Buyer by the Seller, as prescribed in
Appendix B of this Agreement.
5. The
Agreement includes this text and
Appendices hereto.
6. Inter-bank
average interest rate is the
inter-bank average interest rate of 01-month term quoted by the State Bank of
Vietnam at the time of payment.
7. Agreement
year is solar year of 12
consecutive months from the first day of January to the last day of December of
that year. The first agreement year shall be counted from the date of
commercial operation to the last day of December of that first agreement
year. The last agreement year shall be counted from the first day of
January to the termination day of the agreement.
8. Maturity
date is the last day to make the
payment from the date on which the Buyer receives the valid and accurate
electricity payment bills issued by the Seller as specified in section d,
Clause 2, Article 5 hereof.
9. Date of
commercial operation is the date on
which a partial or the whole grid-connected wind power plant is ready for
selling electricity power to the Buyer and satisfies the following
requirements: (i) Initial test runs have been completed for a partial or the
whole wind power plant and connection equipment; (ii) the Grid-connected wind power
plant has been issued with the operation license in the electricity emission
field and (iii) the Seller and Buyer have confirmed the electric meter reading
for making payment. The initial test runs include: (i) Test on the generation
and receipt of reactive power; (ii) AGC connection test; (iii) Reliability
test.
10. Power
plant includes all electricity
emission equipment, safety equipment, connection equipment and relevant
auxiliary equipment; land used for the power work and auxiliary work to produce
electric power under this agreement of the Seller.
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12. Technical
regulations and standards of the electricity industry are regulations, standards and practices applied in the
electricity industry and issued by competent authorities of Vietnam or
regulations, standards of international organizations or of nations in the
region in accordance with regulations of the law, recommendations of equipment
manufacturers, taking into account conditions of resources, materials, fuel and
techniques affordable to the Vietnam electricity industry in given time.
13. “Regulations on the operation of national electricity
system” are legal documents and
Procedure for provision of standards of power system operation, conditions and
procedures for connection to power grid, regular
operation of the electricity system, and electric power measurement and
calculation of the electricity transmission and distribution system.
14. Emergency
situations are situations that
may disrupt the electricity supply to customers of the Buyer, including cases
that may cause substantial damage to the national electricity system, thereby
threatening the life, property or affecting the technical capacity of the power
plant.
Article 2. Delivery,
purchase and sale of electricity
1.
Electricity delivery
From the date of
commercial operation, the Seller agrees to deliver and sell electricity to the
Buyer, the Buyer accepts to purchase electric power from the Seller in
compliance with regulations of this Agreement.
2. Electricity
purchase price
2.1.[9] (Annulled)
2.2.[10] (Annulled)
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3. Electricity
purchase and sale
The Seller shall agree to
operate the power plant with available capacity of equipment and in accordance
with technical regulations and standards of the electricity industry. The
Seller is not legally responsible for damage caused to the Buyer as a result of
failure to provide adequate electricity if the Seller is not at fault. Unless
otherwise permitted by the Buyer in writing, the Seller must not sell
electricity to a third party or use for purposes other than production of
electricity and sale to the Buyer.
Article 3. Connection
and metering
1. Responsibility
at electricity delivery point
The Seller shall be
responsible for investment, installation of equipment for the purpose of the
electricity transmission and delivery to the Buyer at electricity delivery
points. The Buyer shall be liable for cooperation with the Seller in
implementing this installation.
2. Connection
a) The Seller is
responsible for investment, construction, operation and maintenance of
connection equipment to connect the power plant to transmission and
distribution power grids in accordance with regulations on transmission and
distribution power grids and other relevant regulations. The Seller shall bear costs
for installing the metering system at the electrical substation as specified in
Appendix A hereto.
b) The Buyer shall be
liable to consider the technical design and check the adequacy of protection
devices. The Buyer must notify the Seller of appraisal results in writing
within 30 days after receiving all technical dossiers related to the
design. The Buyer must notify in writing of all design errors that are
detected. The Seller must make amendments and modifications proposed by the
Buyer in accordance with the Regulation on operation of the national
electricity system and technical regulations and standards of the electricity
industry.
3. Connection
standard
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4. Inspection of
the implementation of connection standards
When there is a
notification in advance, each party has the right to inspect the connection
equipment of the other party to ensure that the implementation is compatible
with the legal regulations on the operation of national electricity system. The
inspection shall not affect the operation of the party being inspected. In case
where the devices of the inspected party cannot satisfy the requirements for
operation and maintenance, the inspecting party must notify the inspected one
of points that need adjustment. The inspected party shall be liable to
carry out necessary remedies after receiving the request for reasonable
adjustment from the inspecting party.
5. Metering
a) The metering place and
technical requirements for the metering system are specified in Appendix C.
b) The Seller shall
invest in, install, inspect, manage, operate and maintain the equipment of the
main and backup metering systems, as well as carry out initial and annual
appraisal of such equipment in accordance with regulations in Circular No.
42/2015/TT-BCT dated December 01, 2015 and valid amended regulations. The
metering system shall ensure legality according to the Law on Measurement No.
04/2011/QH13 dated November 11, 2011 and regulations on amendments and
replacement of such Law.
c) The periodical
appraisal of the metering equipment shall be carried out as follows: once (01)
every one (01) year for the power meter; once (01) every five (05) years for
current transformers and measuring transformers. The inspection and appraisal
of the metering equipment or the confirmation of the accuracy of the equipment
thereof shall be carried out by the organization of which the ability for
appraising such equipment is recognized and shall be agreed by both parties;
and shall follow the process of appraisal of the metering equipment of the
State. The metering equipment must be sealed and lead sealed-off after being
appraised. The Seller shall bear the appraisal costs.
d) If necessary, one
party has the right to request the inspection and supplementation of the
metering equipment or the adhoc inspection of equipment and system thereof. If
the request is made by the Seller, it must be sent at least 7 (seven) days in
advance or at least 14 (fourteen) days in advance before the request date if it
is made by the Buyer. The requested party shall send a written reply to
the requesting party. The Seller shall organize the inspection and/or appraisal
after receiving the request from the Buyer. If the error numbers of the
inspected and/or appraised equipment are greater than the permitted numbers,
the Seller shall pay the costs for such inspection and/or appraisal; if the
error numbers of the above-mentioned equipment are within the permitted scope,
the requesting party shall pay the appraisal costs.
e) The Seller shall be
liable to notify the Buyer of the appraisal results of the metering equipment.
The Seller shall notify the Buyer in advance of the inspection and/or appraisal
of the metering system. The Buyer shall appoint persons to participate
in witnessing the inspection, appraisal, seal removal, sealing and security
lead sealing of power meters.
If the metering equipment
has error numbers which are greater than the permitted ones, the Seller shall
adjust or replace such equipment. If one party is certain that the
above-mentioned equipment is damaged or cannot operate, this party shall timely
notify the other party, and the Seller shall check, repair and replace such
equipment. The checking, repair and replacement shall be carried out in a
shortest time possible.
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g) If the main metering
system is affected or the appraisal results show that such system has the error
numbers which are greater than the permitted level as prescribed, the power
output sold and purchased between both parties during the break down of the
system or when the error numbers occur shall be determined as follows:
(i) Use the metering
results of the backup metering system to determine the power output for making
payment.
(ii) If the backup system
also breaks down or the appraisal results show that such system has the error
numbers which exceed the permitted ones, the power output used for making
payment shall be determined as follows:
- If the main metering
system can operate but the error numbers are greater than the permitted level
as prescribed, the power output sold and purchased between both parties shall
be determined by using the results of the main metering system which are
converted to the electric power value equivalent to the error numbers of 0%.
- If the main metering
system breaks down and cannot operate, and the backup system can operate but
the error numbers are greater than the permitted level as prescribed, the power
output sold and purchased between both parties shall be determined by using the
results of the backup system which are converted to the electric power value
equivalent to the error numbers of 0%.
- If both the main and
backup systems break down or cannot operate, both parties shall estimate the
delivered and received power output according to the monthly average data (if
any) of the power plant in the same payment period of the previous year of the
agreement year and the power output shall be reasonably adjusted for the
specific invoicing period according to the corresponding data that affects the
electricity generation of the power plant, such as the wind parameters, power
factors, efficiency coefficient, operation hours and time of the power plant
and the self-consumed electricity (hereinafter referred to as "operation
parameters") in the time when the metering equipment is broken, unless
both parties have another written agreement.
In the absence of
reliable data, the estimation of the delivered and received power output
according to the monthly average electric power of the power plant over six
(06) payment periods shall be made right before the above-mentioned equipment
is broken (or less than that if the power plant has not been operated for 06
months), and adjusted according to cessation or to operation parameters, unless
both parties have another written agreement.
(iii) On the basis
of the measured, calculated and adjusted results which have been agreed by both
parties, the Seller shall calculate and determine the amount of money which one
party must pay to the other party for the period over which the metering system
is inaccurate. Such amount includes the overpaid or underpaid amount and
interest thereon according to the average interbank interest rate plus (+)
inspection cost prescribed in Point c and Point d, Clause 5 of this Article.
(iv) If the
metering equipment is burnt or damaged, the Seller shall replace or repair it
in the shortest time possible in order to make such equipment satisfy the
technical requirements and re-operate normally. The repaired or replaced
equipment shall ensure legality and satisfy the technical requirements before
being brought into use.
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Every month (or the
period of meter figure inscription agreed by both parties), the Buyer and
Seller shall read and record meter figures together.
After giving notification
as prescribed, the Buyer may get in the power plant or the place where the
metering equipment is installed to record meter figures, check meters and
perform other activities related to the fulfillment of obligations of this
Agreement. The Buyer’s activities at the power plant shall not affect the
normal operation of the Seller. The employees or inspectors appointed by
the Buyer must comply with safety regulations and rules of the power plant.
7. Inspection of
electricity metering equipment
a) The inspection and
appraisal of the metering equipment or the confirmation of the accuracy of the
equipment thereof shall comply with regulations on electricity metering and
shall be carried out by the competent or authorized organization. The appraisal
shall be carried out before the first-time operation of the above-mentioned
equipment so as to record the power output sold and purchased of the power
plant. All of the above-mentioned equipment shall be lead sealed off and locked
off after inspection and the Buyer has the right to witness this process.
b) All electricity
metering equipment of the power plant shall be appraised and on a yearly basis
as agreed by both parties and in accordance with regulations on appraisal of
the electricity metering equipment issued by the competent agency. Appraisal
costs are paid by the Seller. If necessary, one party may propose to inspect
the accuracy of any electricity metering equipment. The costs for inspection
shall be borne by the proposing party. Inspection results of the
above-mentioned equipment must be sent to the other party upon request. If the
metering equipment has the error numbers which are greater than the permitted
level prescribed in regulations on metering, the Seller shall take the
responsibility for adjusting or replacing such equipment. If the Buyer does not
make enough electricity payment due to the error numbers of the above-mentioned
equipment, the Buyer shall reimburse the Seller based on the average interbank
interest rates. If the Buyer makes a surplus payment due to the error
numbers of the metering equipment, the Seller shall return the excess amount of
money plus the interest rate of the excess amount collected based on the
average transaction interests of inter-bank and the expenses for inspecting the
metering equipment to the Buyer. Each party shall be promptly notified
and has the right to appoint persons to participate in removing seals,
inspecting, appraising and lead-sealing off the meters. If one party is certain
that the meter is damaged or cannot operate, this party shall timely notify the
other party, and the party having the meter shall inspect and repair such
meter.
8. Electricity
ownership transfer
At electricity delivery
points, the electricity ownership is transferred from the Seller to the Buyer.
At this point, the Buyer has the right to own, control and take
responsibility for the received electric power.
Article 4. Operation
of the power plant
The Seller shall operate
the power plant in accordance with regulations on operation of the national
electricity system, technical regulations and standards of the electricity
industry and other relevant regulations.
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a) Prior to the effective
date of this agreement, the Seller shall provide the Buyer with charts on
capability for annual average electric power generation of the power plant on a
monthly basis and in compliance with the basic design of such power plant;
b) Before November 30
every year. The Seller shall provide the Buyer with the electricity
production plan for the next year, including:
- Monthly operation plans
of the year (power output and available capacity);
- Maintenance and repair
schedule in months of the year (if any).
c) The Seller shall
provide the information about maintenance and repairing plans and plans for
utilizing groups of electric power generating machines for the power system
regulation unit (according to regulation control level) in compliance with
the Regulation on the operation of national electricity system.
2. Power
outage
The Seller shall inform
the Buyer of the schedule and time expected for power outage to repair as
planned and unscheduled in accordance with regulations on the operation of
national electricity system.
3. Operation of
power grids
a) The Seller shall be
responsible for management, operation and maintenance of the electrical
equipment and power grids under the management scope for properties prescribed
in the Agreement on connection with power grid management units, ensuring the
compliance with the Regulation on the operation of national electricity system;
technical regulations and standards of the electricity industry; and the
electricity selling and buying under the power purchase agreement.
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4. Interruption in
receiving and buying electricity
The Buyer shall not be
liable for obligations to buy or receive electricity in the following cases:
a) The power plant of the
Seller operates and carries out maintenance against the Regulation on the
operation of national electricity system and technical regulations and
standards of the electricity industry;
b) The Buyer installs
equipment, repairs, replaces, inspects or examines electrical grids in a manner
that directly involves connection of the power plant of the Seller and complies
with Regulation on the operation of national electricity system and technical
regulations and standards of the electricity industry
c) Power grids
transmitted and/or distributed in different areas have problems or the
equipment directly connected to the power grids thereof have problems or their
operation mechanism violates the Regulation on the operation of national
electricity system and technical regulations and standards of the electricity
industry.
d) Power grids of the
Buyer need recovery solutions after incidents in accordance with the Regulation
on the operation of national electricity system and standards and technical
regulations of the electricity industry.
5. Interruption in
delivering and selling electricity
The Seller may cease or
reduce the amount of electricity sold and delivered to the Buyer in the event
of equipment installation, repair, replacement, inspection or appraisal or
repair of the power plant that directly affect the distribution of electric
power to the Buyer.
Before ceasing or
reducing the amount of electricity delivered to the Buyer, the Seller must
notify the Buyer in advance for at least 10 days and clearly state the reasons,
expected starting time and duration of interruption.
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The Buyer shall be
responsible for reducing the duration of reduction or cessation of the receipt
of electricity in the cases specified in Clause 5 of this Article in accordance
with the Regulation on the operation of national electricity system,
troubleshooting process of the system thereof and technical regulations and
standards of the electricity industry. Except for emergency cases, if the Buyer
temporarily reduces or ceases the receipt of electricity, the Buyer shall
notify the Seller in advance at least 10 days and clearly specify the reasons,
expected starting time and duration of interruption. If necessary, the
Buyer shall convey regulation commands on operation from the electricity system
regulation unit related to the operation of the power plant to the Seller in
accordance with the Regulation on the operation of national electricity system
and technical regulations and standards of the electricity industry, and the
Seller shall be liable to comply with those commands, except for cases that
those commands change the plant’s characteristics that need mobilization.
7. Power
Coefficient
The Seller agrees to
operate the power plant synchronized with power grids of the Buyer with the
capacity coefficient determined in accordance with the applicable regulations
on the electricity distribution and transmission system. Such coefficient is
determined for the Buyer at the electricity delivery point.
8. Synchronous
operation
The Seller shall be
liable to inform the Buyer in writing at least 30 days before the first-time
synchronization between the electricity machine groups of the Seller with the
power grids of the Buyer. The Seller shall cooperate with the Buyer in
operation during the first-time and subsequent synchronizations.
9. Standards
The Seller and the Buyer
must comply with the regulations related to the delivery and receipt of
electricity according to the regulation on distribution power grids, regulation
on electricity metering and legislative documents related to the electricity industry.
10. Confirmation of
the date of commercial operation of the power plant
90 days prior to the
expected date of commercial operation specified in this Agreement, the Seller
shall send the draft procedure for test run of the power plant in accordance
with applicable regulations and technical and technological standards of the
wind power plant so that both parties agree on the date of commercial operation
and the calculated power output of the test run of the power plant.
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From 6 months to 12
months prior to commercial operation date specified under Appendix D, the
Seller must officially verify any change to the commercial operation date.
Parties must cooperate in changing commercial operation date and the
Buyer cannot reject request for changing commercial operation date without
appropriate reasons.
Article 5. Invoicing
and payment
1. Invoicing
Every month (or the
period of inscription of meter figures as agreed by both parties), the Buyer
and Seller shall read and record the meter figures together on the agreed day
to determine the amount of delivered electricity in the month The Seller shall
record meter figures by using the prescribed form under certification of the
representative of the Buyer and send results of meter readings with invoices in
writing (or by fax, by email in form of copies and subsequent official
dispatches) to the Buyer within 10 (ten) working days after recording the meter
figures.
2. Payment
a) Payment dossier:
Before the 5th day of every month, the Seller shall send an
electricity payment notification enclosed with a payment dossier of the
previous month to the Buyer
b) Within 05 working days
after receiving the payment dossier from the Seller, the Buyer shall check such
dossier and notify the Seller of any detected mistakes. After the
above-mentioned period, if the Buyer does not provide any feedback, the payment
dossier will be accepted.
c) Within 03 working days
after the payment dossier is accepted, the Seller shall issue and send the
electricity invoice to the Buyer. The invoice shall be made in accordance
with the regulations of the Ministry of Finance.
d) Within 25 working days
after receiving the valid and accurate electricity invoice from the Seller, the
Buyer shall pay the amount of money specified in such invoice to the Seller by
bank transfer.
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g) If the Buyer does not read
the meter figures together with the Seller as specified in Clause 1 of this
Article, the Buyer shall still fulfill the obligation to make payment of the
delivered electric power to the Seller.
3. Estimation of
sold electricity
In case where there is not
enough necessary data to determine the amount of electricity or payment that
the Buyer owes the Seller, except for cases referred in Clause 5 of this
Article, the Seller shall estimate such data and adjust payment as in actual
situation for subsequent payments.
4. Application and
replacement order for meter figures
To determine the power
output received and accepted in a payment period by the Buyer, the recording of
electricity output, invoicing and payment shall be based on estimates according
to the following order:
a) Major meter figures at
the power plant during the payment period. Such figures are accurate and
consistent with regulations in Clause 5, Article 3 of this agreement.
b) Backup meter figures
at the power plant, when backup meter figure is used to meter the delivered
electricity output in a manner that is accurate and complies with regulations
in Clause 8, Article 3 hereof;
c) When all meters do not
accurately record the amount of electricity delivered, the delivered power
output according to average monthly data (if any) of the power plant shall be
estimated in the same payment period of the previous year of the agreement year
and shall be reasonably adjusted for specific invoicing period based on the
available corresponding data, affecting the electricity generation of the power
plant as wind parameters, efficiency, operation hours, operation duration and
self-consumed electricity (generally referred to as "operation
parameters") in the time the meters are broken.
In the absence of reliable
data, the estimation of power output delivered based on the monthly average
electricity of the power plant over six (06) payment periods shall be made
right before the point the above-mentioned equipment is broken (or less than
that if the power plant has not been operated for 06 months) and the power
output shall be adjusted according to the cessation duration or operation
parameters.
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a) In case one party does
not agree with all or parts of the invoice for the power output delivered or
the amount of payment, the party shall be liable to notify the other party in
writing prior to the payment
deadline. After receipt of notification that the parties cannot reach an
agreement for settlement, the duration for one or all parties to take this dispute
to arbitration is 01 year from the date on which the Buyer receives a valid
invoice.
b) In case the Seller
wins in dispute settlement under Clause 1 and Clause 2, Article 8 of this
Agreement, the Buyer must pay the Seller all the dispute expenses plus the
interest rate calculated according to interbank average exchange rate with the
monthly compound interest from the payment due date to the date on which the
payment is made. In case the Buyer wins, the Seller shall refund the received
dispute expenses plus the interest rate calculated according to interbank
average exchange rate with the monthly compound interest from the date on which
the payment is received to the date on which the payment is made. All
payment referred herein must be done within 15 days after receipt of the final
decision on dispute settlement according to Article 8 hereof.
Article 6. Force
majeure
1. Force majeure
Force majeure events are
events that objectively occur and cannot be anticipated or overcome although
all necessary and available measures are taken. Force majeure events
include:
a) Natural disasters,
fires, explosions, floods, tsunamis, epidemics or earthquakes;
b) Violence, riots, war,
resistance, sabotage, embargo, besiegement, blockade, or any act of war or
hostilities against the community whether the war is declared or not.
2. Settlement in
case of force majeure events
In case of force majeure
events, the party invoking force majeure shall:
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b) Try all their best to
perform their obligations specified in the agreement;
c) Timely carry out
necessary activities to overcome force majeure events and provide evidences to
demonstrate their reasonable efforts to overcome force majeure events;
d) Take necessary
measures to minimize harms to the parties of the Agreement;
dd) Quickly notify
parties of the termination of force majeure events.
3. Consequences of
force majeure events
After the violating party
takes all the measures specified in Clause 2 of this Article, such party shall
be exempted from liability related to the failure to perform obligations under
the agreement due to force majeure events, except the liability related to the
due payments payable specified in this agreement before such force majeure
events occur.
4. Duration of
force majeure events
If the force majeure
events prevent a party from fulfilling their obligations under this agreement
within a period of 01 year, the other party shall have the right to
unilaterally terminate the agreement after 60 days from the date on which the
notification is received, unless the obligations are fulfilled within these 60
days. The parties shall organize a meeting to find, negotiate and agree on
reasonable and appropriate measures.
Article 7. Term of
agreement
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Parties may extend the
term of this agreement or enter new agreement as per the law when this
agreement expires.
Article 8. Breaches,
damage compensation and termination of agreement
1. Breaches
committed by the Seller
a) The Seller cannot run
the date of commercial operation as prescribed in Appendix D within 03
consecutive months, except for force majeure events, case where the date of
commercial operation is changed as specified in Clause 11 of Article 4 hereof,
or case where the competent authority permits the extension of investment
process specified in applicable regulations;
b) The Seller fails to
perform or comply with the contents of the agreement within 60 days after
receiving the written notification from the Buyer;
In case where the Seller
has tried to rectify violations within the 60 days herein, but the
rectification cannot be completed within such period, the Seller may lengthen
the duration for rectification to a maximum of 01 year after receiving the
written notice of violations committed the Seller, except for case where the
competent authority allows the extension of investment project as specified in
applicable regulations The Seller shall continue to rectify the violations
within the shortest time possible, except for the cases mentioned in Article 6
hereof;
c) The Seller denies the
validity of a part or the whole of the agreement;
d) The Seller commits
serious violations against commitment according to Article 12 of this
agreement.
2. Breaches
committed by the Buyer
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In case where the Buyer
has tried to rectify violations within the 60 days herein, but the
rectification cannot be completed within such period, the Buyer may lengthen
the duration for rectification to a maximum of 01 year after receiving the
written notice of violations committed the Buyer. The Buyer shall
continue to rectify the violations within the shortest time possible, except
for the cases mentioned in Article 6 hereof;
b) The Buyer fails to pay
an amount of payment without disputes under the agreement on the due date of
payment and such failure to make payment continues to last over 90 days without
sound reasons;
c) The Buyer denies the
validity of a part or the whole of the agreement;
d) The Buyer commits
serious violations against commitment according to Article 12 of this
agreement.
3. Procedures for
remedial measures and actions against breaches of the agreement
In case of breaches of
the agreement, the aggrieved party shall send a written notice to the breaking
party. The breaking party shall cooperate in settling the breaches of the
agreement.
4. Compensation for
damages
a) The party breaking the
agreement shall be obliged to pay the compensation for damages caused by
violations to the aggrieved party. Compensation value includes the value of
actual and direct losses that the aggrieved party suffers and is caused by the
breaking party, and direct benefits that the aggrieved party should have
received if there are no violations;
b) The aggrieved party
shall demonstrate its loss and loss degree due to breaches and the direct
benefits which the aggrieved party should have received if there are no
violations.
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In case the breaches
cannot be resolved in accordance with Clause 3 of this Article, the aggrieved party
may continue to request the breaking party to rectify their violations or to
terminate the agreement by sending notification to the breaking party.
After the aggrieved party chooses to terminate the agreement under
provisions of this agreement, the parties are not required to perform the
contractual obligations, except for cases prescribed in Article 7 and the
aggrieved party has the right to request the breaking party to pay for the
damages. The compensation value is determined in accordance with Clause 4
of this Article.
Article 9. Dispute
settlement
1. Settling the
disputes by negotiation
In case of disputes
between parties of this Agreement, the party provoking the disputes must notify
the other party in written form of the disputes and requirements within a
specific time. The parties shall negotiate to resolve the disputes within 60
days after receiving the notification from the party provoking the disputes.
Dispute settlement related to the electricity payment shall be done within a
period of 15 days after the notification of the requesting party is received.
After the above-mentioned
term, if agreement and consensus cannot be reached, the parties have the rights
to send a written request to the Electricity and Renewable Energy Authority for
support for settling the disputes.
The mechanism for dispute
settlement shall not be applied for disputes that do not directly occur from
this agreement between one party of the agreement and the third party.
2. Settling
disputes in compliance with regulations of the law
In case disputes cannot
be settled by negotiations specified in Clause 1 of this Article or one of the
parties does not comply with the results of negotiation, a party or parties may
request dispute settlement in accordance with regulations in Circular No.
40/2010/TT-BCT dated December 13, 2010 of the Ministry of Industry and Trade on
procedures for settlement of disputes in the electricity market or related law
regulations.
Article 10. Mandate,
transfer and restructuring
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In case where one party
mandates or transfers this Agreement or this party's assets are frozen under
the rights and obligations of such agreement, the parties’ legal
representatives and authorized parties shall enforce these rights and
obligations.
In case where the Seller
transfers or mandates the implementation of this Agreement, the Seller must
obtain the written consensus from the Buyer. If the mandate of the Seller has
the value equivalent to the value of equipment which can be operated, construction
value and land value, it is the valid mandate under this Agreement.
The mandating or
transferring party shall send a written notification of the mandate or transfer
to the other party.
2. Restructuring
In case the restructuring
of the electricity industry affects the rights and obligations of the Seller or
the Buyer of this agreement, the implementation of the agreement shall be
transferred to the receiving units. The Buyer must be responsible for the
certification and guarantee in writing that the receiving units shall bear the
obligations to purchase or distribute electricity and other rights and
obligations under this Agreement.
3. Choosing to
participate in the electricity market
The Seller shall have the
right to choose to participate in electricity market in accordance with the
regulations on competitive electricity market. In this case, the Seller must
send the written notification in advance for 120 days to the Buyer and the
Electricity Regulatory Authority of Vietnam and may unilaterally terminate the
agreement after sending the notification as prescribed,
Article 11. Other
agreements
1. Agreement
amendment
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2. Cooperation
responsibility
The Seller has the
obligation to perform legal procedures related to the power plant. The Buyer is
responsible for the cooperation with the Seller in providing documents and
relevant data for the Buyer to obtain a license, approval, permission and the
necessary approval from competent state agencies related to the power plant's
location, investment, transmission or sale of power output, and ownership and
operation of the power plant. Also, the Buyer shall cooperate with the Seller
in carrying out other necessary activities to perform the agreement between the
parties.
3. Applicable law
The agreement shall be
interpreted and executed as per Vietnamese laws.
4. Waiver of rights
The failure to exercise
the Parties’ rights under this agreement at any time shall not affect the
exercise of rights under the agreement later. The parties have agreed that the
statement of failure to exercise the rights of one party for any commitment or
condition under the agreement or any breach of agreement shall not be deemed
that such party waives the similar rights later.
5.
Independence of contents of the agreement
In case where a content
of this agreement is considered inconsistent with the law regulations or
invalid under the court’s ruling, other contents of the agreement still take
effect, if these contents fully demonstrate the Agreement without the invalid
contents.
6. Notification
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a) Seller:
General Director,
........................,......................, Vietnam
b) Buyer:
………………..,………………., Vietnam
c) In the notifications,
the parties shall specify the sender’s address or the recipient’s address in
the form prescribed in this Clause.
d) Each notification,
invoice or information exchange sent by mail, exchanged and transmitted by the
above-mentioned methods are considered delivered and received at the time it is
delivered to the recipient’s address or at the time it is refused by the
recipient of the above address.
7. Security
The Buyer agrees to
secure information of the power plant under Appendices of the agreement, except
for cases where such information has been previously publicized by the Seller
or competent authorities.
8. Agreement
completion
This Agreement is a final
complete consensus between the parties and replaces the discussed contents,
information, and correspondences exchanged before the signing of this
Agreement.
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The two parties commit to
implement this Agreement as follows:
1. Each party is legally
established for business in Vietnam.
2. The signing and
implementation of this Agreement by each party are carried out in accordance
with the conditions and contents of the electricity license issued by the
competent authority and relevant regulations of the law.
3. The parties have no
legal or administrative acts preventing or affecting implementation of this
Agreement by the other party.
4. A party’s signing and
implementation of the agreement shall not violate any term of other agreements
or documents of other agreements to which that party is a signatory.
This Agreement is made in
12 copies with Appendices attached thereto that have equal validity, each party
holds 05 copies, the Seller shall be responsible for sending 01 power purchase
agreement to the Electricity Regulatory Authority and 01 power purchase
agreement to Electricity and Renewable Energy Authority.
SELLER’S REPRESENTATIVE
(Position)
(Seal and signature)
(Full name)
BUYER’S REPRESENTATIVE
(Position)
(Seal and signature)
(Full name)
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APPENDIX A
SYSTEM CONNECTION AGREEMENT
(Be separately applied to different projects depending on
technical specifications of the projects, including one-line diagram of
connection equipment and lists of characteristics of the metering system and
the electric voltage and connection requirements)
APPENDIX B
TECHNICAL SPECIFICATIONS OF THE POWER PLANT
Part A. General specifications
1. Name:
………………………………………………………………………………………………………
2. Location:
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3. Norm capacity:
………………………………………………………………………………………………………
4. Capacity sold to the
Buyer: minimum of…………………. kW; maximum of……………
5. Self-consumed capacity
of the power plant: minimum of ………… kW; maximum of ……………. kW
6. Expected annual power
output:
………………………………………………… kWh
7. Date of completion of
construction of the power plant:
………………………………………………
8. Expected commercial
operation date of the power plant:
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9. Voltage generated to
distribution grids:
…………………………………………………………………
V
10. Connection point to
distribution grids:
………………………………………………………………
11. Place where the
metering equipment is installed:
………………………………………………………………
Part B. Operation specifications of specific technology
1. Electricity generation
technology:
………………………………………………………………………………………………………
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………………………………………………………………………………………………………
APPENDIX C
METERING SYSTEM AND DATA COLLECTION
APPENDIX D
REQUIREMENTS BEFORE DATE OF COMMERCIAL OPERATION
(Commitment on date of commercial operation, agreement on
procedures for carrying out initial test run and bringing the power plant into
commercial operation, etc.)
APPENDIX E
ELECTRICITY PAYMENT
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APPENDIX G
OTHER AGREEMENTS
[1] Circular No. 42/2019/TT-BCT on amendments to some
provisions on periodical reporting in Circulars promulgated or jointly
promulgated by the Minister of Industry and Trade, which comes into force from
February 05, 2020 is promulgated pursuant to:
“Government’s Decree
No. 98/2017/ND-CP dated August 18, 2017 on functions, tasks, powers and
organizational structure of the Ministry of Industry and Trade;
“Government’s Decree
No. 09/2019/ND-CP dated January 24, 2019 on reporting
regime of national administrative agencies;
At the request of the
Chief of the Office;"
[2] Circular No. 01/2023/TT-BCT on annulment of certain
regulations of Circular No. 02/2019/TT-BCT dated January 15, 2019 of the
Minister of Industry and Trade on wind power project development and power
purchase agreement for projects thereof and Circular No. 18/2020/TT-BCT dated
July 17, 2020 of the Minister of Industry and Trade on solar power project
development and power purchase agreement for projects thereof is promulgated
pursuant to:
“The Law on
Promulgation of Legislative Documents dated June 22, 2015; the Law on
amendments to the Law on Promulgation of Legislative Documents dated June 18,
2020;
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The Law on Planning
dated November 24, 2017;
The Law on
Construction No. 50/2014/QH13 amended by the Law No. 03/2016/QH14, the Law No.
35/2018/QH14, the Law No. 40/2019/QH14 and the Law No. 62/2020/QH14;
Resolution No.
61/2022/QH15 of the National Assembly on continuation in enhancement of
efficiency and effectiveness of implementation of policies and law on planning
and some measures for removing difficulties and obstacles, and acceleration in
formulation and improvement of quality of planning for the period of 2021-2030;
Government’s Decree
No. 96/2022/ND-CP dated November 29, 2022 on functions, tasks, powers and
organizational structure of the Ministry of Industry and Trade;
Government’s Decree
No. 37/2019/ND-CP dated May 07, 2019 on elaboration of the law on planning;
Government’s Decree
No. 137/2013/ND-CP dated October 21, 2013 on elaboration of implementation of
some Articles of the Electricity Law, and the Law on amendments to some
Articles of the Electricity Law;
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
amended by Decision No. 39/2018/QD-TTg dated September 10, 2018 of the Prime
Minister;
Decision No.
13/2020/QD-TTg dated April 06, 2020 of the Prime Minister on mechanism for
provision of assistance in development of solar power projects in
Vietnam;
At the request of
Director General of Electricity and Renewable Energy Authority,”
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[4] This Article is annulled by Clause 2 Article 1 of Circular
No. 01/2023/TT-BCT on annulment of certain regulations of Circular No.
02/2019/TT-BCT dated January 15, 2019 of the Minister of Industry and Trade on
wind power project development and power purchase agreement for projects
thereof and Circular No. 18/2020/TT-BCT dated July 17, 2020 of the Minister of
Industry and Trade on solar power project development and power purchase
agreement for projects thereof, which comes into force from January 19, 2023.
[5] This Article is annulled by Clause 2 Article 1 of Circular
No. 01/2023/TT-BCT on annulment of certain regulations of Circular No.
02/2019/TT-BCT dated January 15, 2019 of the Minister of Industry and Trade on
wind power project development and power purchase agreement for projects
thereof and Circular No. 18/2020/TT-BCT dated July 17, 2020 of the Minister of
Industry and Trade on solar power project development and power purchase
agreement for projects thereof, which comes into force from January 19, 2023.
[6] This Clause is annulled by Clause 3 Article 1 of Circular
No. 01/2023/TT-BCT on annulment of certain regulations of Circular No. 02/2019/TT-BCT
dated January 15, 2019 of the Minister of Industry and Trade on wind power
project development and power purchase agreement for projects thereof and
Circular No. 18/2020/TT-BCT dated July 17, 2020 of the Minister of Industry and
Trade on solar power project development and power purchase agreement for
projects thereof, which comes into force from January 19, 2023.
[7] This Clause is amended by Article 32 of Circular No.
42/2019/TT-BCT on amendments to some provisions on periodical reporting in
Circulars promulgated or jointly promulgated by the Minister of Industry and
Trade, which comes into force from February 05, 2020.
[8] This Point is annulled by Clause 4 Article 1 of Circular
No. 01/2023/TT-BCT on annulment of certain regulations of Circular No.
02/2019/TT-BCT dated January 15, 2019 of the Minister of Industry and Trade on
wind power project development and power purchase agreement for projects
thereof and Circular No. 18/2020/TT-BCT dated July 17, 2020 of the Minister of
Industry and Trade on solar power project development and power purchase
agreement for projects thereof, which comes into force from January 19, 2023.
[9] This content is annulled by Point a Clause 5 Article 1 of
Circular No. 01/2023/TT-BCT on annulment of certain regulations of Circular No.
02/2019/TT-BCT dated January 15, 2019 of the Minister of Industry and Trade on
wind power project development and power purchase agreement for projects
thereof and Circular No. 18/2020/TT-BCT dated July 17, 2020 of the Minister of
Industry and Trade on solar power project development and power purchase
agreement for projects thereof, which comes into force from January 19, 2023.
[10] This content is annulled by Point a Clause 5 Article 1 of
Circular No. 01/2023/TT-BCT on annulment of certain regulations of Circular No.
02/2019/TT-BCT dated January 15, 2019 of the Minister of Industry and Trade on
wind power project development and power purchase agreement for projects
thereof and Circular No. 18/2020/TT-BCT dated July 17, 2020 of the Minister of
Industry and Trade on solar power project development and power purchase
agreement for projects thereof, which comes into force from January 19, 2023.
[11] This content is annulled by Point b Clause 5 Article 1 of
Circular No. 01/2023/TT-BCT on annulment of certain regulations of Circular No.
02/2019/TT-BCT dated January 15, 2019 of the Minister of Industry and Trade on
wind power project development and power purchase agreement for projects
thereof and Circular No. 18/2020/TT-BCT dated July 17, 2020 of the Minister of
Industry and Trade on solar power project development and power purchase
agreement for projects thereof, which comes into force from January 19, 2023.