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THE MINISTRY OF
INDUSTRY AND TRADE
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 05/2019/TT-BCT
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Hanoi, March 11,
2019
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CIRCULAR
ON
AMENDMENTS TO CIRCULAR NO. 16/2017/TT-BCT DATED SEPTEMBER 12, 2017 OF THE
MINISTER OF INDUSTRY AND TRADE ON DEVELOPMENT OF SOLAR POWER PROJECTS AND
STANDARD FORM POWER PURCHASE AGREEMENT (PPA) THEREOF
Pursuant to Law on Electricity No. 28/2004/QH11 dated
December 3, 2004; the Law on the amendments to Law on Electricity dated
November 20, 2012;
Pursuant to the 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;
At the request of Director of Electricity and
Renewable Energy Authority,
The Minister of Industry and Trade promulgates a
Circular on amendments to Circular No. 16/2017/TT-BCT dated September 12, 2017
of the Minister of Industry and Trade on development of solar power projects
and standard form power purchase agreement (PPA) thereof.
Article 1. Amendments to
Circular No. 16/2017/TT-BCT dated September 12, 2017 of the Minister of
Industry and Trade on development of solar power projects and standard form
power purchase agreement (PPA) thereof
1. Article 16 shall be amended as follows:
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1. Before January 1, 2018, Feed-in Tariff (FiT)
shall be VND 2,086/kWh (VAT exclusive, equivalent to U.S. cent 9.35/kWh,
according to the central exchange rate of VND over USD quoted by the State Bank
of Vietnam on April 10, 2017, which is VND 22,316/USD);
2. From January 1, 2018, FiT prescribed in Clause 1
of this Article shall be adjusted according to the central exchange rate of VND
over USD quoted by the State Bank of Vietnam on the last day of quoting rate of
the previous year.”.
2. Add provisions in Annexes of this Circular to
the standard form PPA of rooftop PV power projects.
Article 2. Annulment of Clause 2, Article 18 and Appendix 3 of Circular
No. 16/2017/TT-BCT dated September 12, 2017 of the Minister of Industry and
Trade on development of solar power projects and standard form power purchase
agreement (PPA) thereof.
Article 3. Entry in force
This Circular comes into force as of April 25,
2019.
MINISTER
Tran Tuan Anh
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ANNEX
STANDARD FORM POWER PURCHASE AGREEMENT FOR ROOFTOP PV
POWER PROJECTS
(Issued together with Circular No. 05/2019/TT-BCT dated March 11, 2019 of
the Minister of Industry and Trade on amendments to Circular No. 16/2017/TT-BCT
dated September 12, 2017 of the Minister of Industry and Trade on development
of solar power projects and standard form power purchase agreement (PPA)
thereof)
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
STANDARD FORM
POWER PURCHASE AGREEMENT FOR ROOFTOP PV POWER PROJECTS
Pursuant to Law on Electricity No. 28/2004/QH11
dated December 3, 2004; the Law on the amendments to Law on Electricity dated
November 20, 2012;
Pursuant to Decision No. 11/2017/QD-TTg dated
April 11, 2017 of the Prime Minister on incentives for development of solar
power projects in Vietnam and Decision No. 02/2019/QD-TTg dated January 8, 2019
on amendments to Decision No. 11/2017/QD-TTg dated April 11, 2017 of the Prime
Minister on incentives for development of solar power projects in Vietnam;
Circular No. 16/2017/TT-BCT dated September 12,
2017 of the Minister of Industry and Trade on development of solar power
projects and standard form power purchase agreement (PPA) thereof and Circular
No. …../2019/TT-BCT dated…..2019 of the Minister of Industry and Trade on
amendments to Circular No. 16/2017/TT-BCT:
Based on demands for electricity purchase and sale
of both parties,
Today, on ……………..[date], at……………..[location]
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The seller (Part A):
Address:
Telephone: ____________________ Email:_________
Fax:__________
TIN: _________________________ Business
registration certificate:
Account No. ___________________ opened at Bank
___________________
Represented by:
Citizen identity/Identity/Passport number:
Position: ___________ (Authorized by _____________________
under the Power of Attorney No. _______dated____________).
The Buyer (Party B):
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Telephone: ____________________ Email:_________
Fax:__________
TIN: _________________________ Business
registration certificate:
Account No. ___________________ opened at Bank
___________________
Represented by:
Position: ___________ (Authorized by
_____________________ under the Power of Attorney No.
_______dated____________).
hereby agree to conclude a Power Purchase Agreement
(hereinafter referred to as Agreement) to sell and buy electricity produced
from the Rooftop PV Power Project (hereinafter referred to as Project), total
installed capacity of ….kW with parameters in the Annex (form of Annex issued
by Party B), built and operated by Party A at [location of the project] with
the following terms and conditions:
Article 1. Sold power
1. From [commercial operation date], Party A
agrees to sell to Party B and Party B agrees to buy from Party A electricity
generated from the feeding electricity to grid project of Party B measured by
the meter mentioned in the record of installing and removing electricity meter
enclosed with this Agreement. The record of installing or removing electricity
meter is an integral part of the Agreement and is replaced (on a periodic basis
or because of breakdown during the power purchase between the two Parties.
2. Party B is obliged to pay for the amount of
electricity from the Project of Party A fed into the grid of Party B according
to the FiT prescribed in Article 2 of this Agreement.
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Article 2. Feed-in Tariff
1. Before January 1, 2018, FiT shall be VND
2,086/kWh (VAT exclusive, equivalent to U.S. cent 9.35/kWh, according to the
central exchange rate of VND over USD quoted by the State Bank of Vietnam on
April 10, 2017, which is VND 22,316/USD).
2. From January 1, 2018, FiT prescribed in Clause 1
of this Article shall be adjusted based on fluctuation of the exchange rate of
VND over USD according to the central exchange rate of VND over USD quoted by
the State Bank of Vietnam on the last day of quoting rate of the previous year.
3. FiT prescribed in Clause 1 and Clause 2 of
this Article shall be applicable within 20 years from the date on which
the project is put into commercial operation.
Article 3. Confirmation of meter readings,
electricity fed into grid and billing
1. Confirmation of meter readings, electricity fed
into grid
- Party B shall take meter readings on the … day
every month.
- Within 1 (one) working day from
the on which the meter reading is taken, Party B will notify Party A of meter
readings and amount of electricity from the feeding electricity to grid project
within the payment period via any of methods below:
□ Web ………….. □ Email…[email
address]………… □ Zalo/Viber…[phone number]……..
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□ Web ………….. □ Email…[email
address]………… □ Zalo/Viber…[phone number]……..
- After above-mentioned time
limit, if Party A gives no feedback to Party B, it shall be construed to mean
that Party A agrees with the meter readings and amount of electricity fed into
grid notified by Party B.
2. Electricity bill:
a. Electricity payment: According
to the electricity output as agreed upon by the two Parties in Clause 1 of this
Article and FiT mentioned in Article 2 of this Agreement, every month, Party B
shall pay Party A for electricity (VAT exclusive) as follows:
T(n)=
Ag (n) x G (n)
Where:
T(n): Electricity payment in month
n (VND).
Ag (n): Electricity Party A fed
into Party B’s grid in month n (kWh).
- Regarding single tariff meter,
Ag() is the electricity output Party A feeds into the grid of Party B, recorded
by the electricity meter.
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G(n): Electricity price applied to
month n prescribed in Article 2 (VND/kWh).
b. VAT: Apart from the electricity
payment prescribed in section a Clause 2 of this Article, Party B must pay
Party A for VAT if Party A earns revenues from solar power projects, which is
subject to tax in accordance with applicable regulations and laws. Upon
completion of the last meter reading cycle of a year, Party B shall make a
statement of electricity bills from solar power project in the year and make a
VAT statement for Party A depending on the revenues generated from the solar
power project.
Article 4. Payment
1. Payment dossier:
a) If Party A issues monthly
invoices:
The list of monthly meter readings
and electricity Party A feeds in the grid of Party B provided by Party B;
Sales invoices as prescribed
provided by Party A with the electricity bills determined in Clause 2 Article 3
of this Agreement.
b) If Party A does not issue
monthly invoices:
Monthly:
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Annually:
Within 15 days from the end of the
year or termination of the Agreement, whichever comes first, Party B makes a
“record of confirmation of electricity amount and electricity bill” of the year
and send it to Party A for confirmation, using the form in the Annex (issued by
Party B) of this Agreement.
If Party A’s revenue reaches the
amount subject to the tax prescribed in section b Clause 2 Article 3, Party A
shall send Party B the sales invoices inclusive of taxes and fees as
prescribed.
2. Methods of payment:
□ Wire transfer (Party A bears the
wire transfer’s cost).
Transfer information:…………………………….
3. Payment time limit:
a) Within 7 (seven) working days from the date on
which Party A agrees with the meter readings and electricity fed into grid
(notified by Party B) and submit adequate payment dossier prescribed in Clause
1 of this Article.
b) If Party B fails to pay Party A after the
above-mentioned time limit, Party B must pay interest on late payment,
commencing from the date succeeding the payment deadline to the payment date of
Party B. Late payment interest shall be considered as 1-month inter-bank
interest rate quoted by the State Bank of Vietnam at the time when Party B
makes payment.
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1. Rights and obligations of Party A
a) Ensure technical standards for solar
electricity; ensure solar power quality as prescribed in Clause 1 Article 15 of
Government's Decree No. 137/2013/ND-CP dated October 21, 2013 on guidelines for
Law on Electricity and the Law on the amendments to Law on Electricity; Article
40, 41 of Circular No. 39/2015/TT-BCT dated November 18, 2015 of the Ministry
of Industry and Trade on distribution electrical system (hereinafter referred
to as Circular No. 39/2015/TT-BCT) or amended or replacing documents, unless
the parties have agreed otherwise.
b) Record, agree on, and keep track of electricity
fed into grid of Party B together with Party B.
c) Operate the project as prescribed in Article 52
of Circular No. 39/2015/TT-BCT.
d) Party A may not connect other sources of
electricity, apart from the project agreed in this Agreement, through the
measuring system without consent of Party B.
e) Party A is obliged to fulfill tax liabilities as
prescribed of the state.
2. Rights and obligations of Party B
a) Invest and install two-way electricity meter at
the delivery point to Party A if Party A meets connection standards prescribed
in section a Clause 1 of this Article.
b) Record, notify, agree on and keep track of
electricity fed into grid of Party B together with Party A.
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d) Party B is entitled to refuse the payment when
Party A does not comply with provisions prescribed in sections a, c, d, e
Clause 1 of this Article.
Article 6. Other agreements
……………………………………………………………………………
Article 7. Implementation
1. Unless the Agreement is extended or terminated before
expiry date, the Agreement shall take effect from the date of signing and
remain valid for 20 years from [commercial operation date].
2. During the contract execution, either Party is
entitled to revise or terminate the Agreement, the Party making such a request
shall notify the other Party 15 days in advance for handling.
3. This Agreement is made in 2 copies with equal
legal value, each Party holds 1 copy.
Party A
(Signature, full name and seal)
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