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