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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. 01/2023/TT-BCT
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Hanoi, January
19, 2023
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CIRCULAR
Annulment of certain regulations of Circular
No. 02/2019/TT-BCT dated January 15, 2019 of the Minister of Industry and Trade
providing for WIND POWER PROJECT DEVELOPMENT AND POWER PURCHASE AGREEMENT
TEmplate 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 Template FOR PROJECTS THEREOF
Pursuant to Law on Promulgation of Legislative
Documents dated June 22, 2015; The Law on amendments to certain Articles of Law
on Promulgation of Legislative Documents dated June 18, 2020;
Pursuant to Electricity Law No. 28/2004/QH11
dated December 03, 2004; Law on amending some articles of the Electricity Law
dated November 20, 2012;
Pursuant to the Law on Planning dated November
24, 2017;
Pursuant to Law on Construction No. 50/2014/QH13
amended by Law No. 03/2016/QH14, Law No. 35/2018/QH14, Law No. 40/2019/QH14 and
Law No. 62/2020/QH14;
Pursuant to Resolution No. 61/2022/QH15 of the
National Assembly on continuing to strengthen the effect and efficiency of
policies and laws on planning and a number of solutions to remove difficulties,
speed up the formulation and improve the quality of planning for the 2021-2030
period;
Pursuant to Decree No. 96/2022/ND-CP dated
November 29, 2022 of the Government on functions, tasks, powers, and
organizational structure of the Ministry of Industry and Trade;
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Pursuant to Decree No. 137/2013/ND-CP dated
October 21, 2013 of the Government of Vietnam elaborating implementation of
certain Articles of the Law on Electricity and the Law on amendments to certain
Articles of the Law on Electricity;
Pursuant to Decision No. 37/2011/QD-TTg dated
June 29, 2011 of the Prime Minister on the mechanism for supporting the
development of wind power projects in Vietnam and the Decision No.
39/2018/QD-TTg dated September 10, 2018 of the Prime Minister;
Pursuant to Decision No. 13/2020/QD-TTg dated
April 6, 2020 of Prime Minister on incentive mechanisms for development of
solar power projects in Vietnam; At the request of Director General of
Electricity and Renewable Energy Authority,
The Prime Minister of Industry and Trade
promulgates a Circular on annulment of certain regulations of Circular No.
02/2019/TT-BCT dated January 15, 2019 of the Minister of Industry and Trade
providing for wind power project development and power purchase agreement
template 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 template for projects thereof.
Article 1. Certain regulations of Circular No.
02/2019/TT-BCT dated January 15, 2019 of the Minister of Industry and Trade
providing for wind power project development and power purchase agreement
template for projects thereof shall be annulled
1. Annulment of Clause 3
Article 3.
2. Annulment of Clause 4
Article 7.
3. Annulment of Clause 2
Article 9.
4. Annulment of Point c
Clause 1 Article 17.
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a) Annulment of the following contents stated in
Clause 2 of Article 2:
“2.1. For projects of which the commercial
operation date is from November 01, 2018 to before November 01, 2021
a) The Buyer shall buy all electricity generated by
the grid-connected wind power project at the price given at the electricity
delivery point specified in clause 7, Article 7 of the Decision No.
39/2018/QD-TTg with regards to the power plants commercially operate before
November 01, 2021. For the power plant commercially operate from November 01,
2021 (if any), the electricity purchase price shall be considered and included
in the Power Purchase Agreement by both parties after receiving the guidelines
from the competent regulatory agencies on electricity price mechanism for this
stage.
b) The electricity purchase price specified in
Section a) shall be applied for 20 years from the commercial operation day of a
partial or the whole power plant (depending on the commercial operation day
thereof which is determined in the Decision No. 39/2018/QD-TTg; and clause 9,
Article 1 and Article 4 hereof).
2.2. Projects which are brought into operation
before November 01, 2018 may re-sign the Power Purchase Agreement with the
Buyer, in order to apply the electricity purchase price at the electricity
delivery point specified in clause 7, Article 1, Decision No. 39/2018/QD-TTg
from November 01, 2018 to the end of termination date of the Power Purchase
Agreement which has been signed.”.
b) Annulment of the following contents stated in
Appendix E:
“The Buyer pays the Seller the entire electricity
purchased on a monthly basis at the price specified in clause 2, Article 2 as
the following formula:
Q = k*F*Ag*(1+t)
Where:
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- F is the foreign exchange rate of dong/USD
announced by State Bank of Vietnam at the time the Seller issues the invoice
(dong/USD).
- t is the value-added tax rate (%).
- k is 0,085 (for onshore wind power projects) or
0,098 (for offshore wind power projects), it is the adjustment coefficient of
electricity buying price in relation with the foreign exchange rate
fluctuations dong/USD, equivalent to 8,5 US cents/kWh or 9,8 US cents/kWh under
provisions of the Decision No. 37/2011/QDD-TTg dated June 29, 2011 on mechanism
for supporting the wind power projects in Vietnam and the Decision No. 39/2018/QD-TTg
dated September 10, 2018 of the Prime Minister on amendments to some articles
of the Decision No. 37/2011/QD-TTg.
- - Ag is the monthly
purchased electricity (kWh), in which, the monthly purchasing electricity of
the power plant without a turbine being tested is determined as the power
output delivered to the power grids at the delivery point and during the
payment month. If the power plant has a tested turbine, the monthly purchasing
electricity shall be determined as follows:
Ag = AG
- ATN
+ AG: Actual amount of electricity
delivered to the power grid at the delivery point during the payment month.
+ATN: Electricity generation of the
turbines being tested during the payment month. It is determined as follows:
ATN = Pdm
x C x Th x G
+ Pdm: Rated power of 01 turbine.
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+ Th: Number of hours of testing of 01
turbine in the month.
+ G: Power factor of the turbine within the payment
month. Such factor is calculated as the average power generated of all turbines
within a month.”.
Article 2. Certain regulations of Circular No.
18/2020/TT-BCT dated July 17, 2020 of the Minister of Industry and Trade
providing for solar power project development and power purchase agreement for
projects thereof shall be annulled
1. Annulment of Point a Clause 1 Article 4.
2. Annulment of the phrase “Electricity sale price
of rooftop solar power systems shall comply with Article 8 of Decision No.
13/2020/QD-TTg dated April 6, 2020 of Prime Minister approving incentive
mechanisms for development of solar power in Vietnam.” stated at Point a Clause
1 of Article 5.
3. Annulment of the phrase “no more than 1 NW and
1,25 MWp)” stated at Point a Clause 2 of Article 5.
4. Annulment of a part of Appendix 1 - Power
purchase agreement template for Grid-connected solar power projects enclosed
with Circular No. 18/2020/TT-BCT dated July 17, 2020:
a) Annulment of Points a, b and d Clause 2 of
Article 2.
b) Annulment of the phrase “and terminates after 20
years from the commercial operation date.” stated in Article 6.
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5. Annulment of Clause 1 and Clause 2 of Appendix 2
- Power purchase agreement template for rooftop solar power projects enclosed
with Circular No. 18/2020/TT-BCT dated July 17, 2020.
Article 3. Entry into force
This Circular comes into force from January 19,
2023.
Article 4. Responsibilities for implementation
Heads of units affiliated to Ministries, the
People’s Committees of provinces and central-affiliated cities and relative
organizations and individuals are responsible for implementation of this
Circular./.
PP. MINISTER
DEPUTY MINISTER
Dang Hoang An