Circular No. 02/2019/TT-BCT dated January 15, 2019 of the Ministry of Industry and Trade on providing the development of wind power projects and the model power purchase agreement applicable to wind power projects

CIRCULAR

Providing the development of wind power projects and the model power purchase agreement applicable to wind power projects^[1]

Pursuant to Electricity Law No. 28/2004/QH11 of December 3, 2004; and the November 20, 2012 Law Amending and Supplementing a Number of Articles of the Electricity Law;

Pursuant to the Government’s Decree No. 98/2017/ND-CP of August 18, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Prime Minister’s Decision No. 37/2011/QD-TTg of June 29, 2011, on the mechanism to support the development of wind power projects in Vietnam; and Decision No. 39/2018/QD-TTg of September 10, 2018, amending and supplementing a number of articles of the Prime Minister’s Decision No. 37/2011/QD-TTg of June 29, 2011, on the mechanism to support the development of wind power projects in Vietnam;

At the proposal of the Director of the Electricity and Renewable Energy Authority,

The Minister of Industry and Trade promulgates the Circular providing  the development of wind power projects and the model power purchase agreement applicable to wind power projects.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Circular provides the development of wind power projects and the model power purchase agreement applicable to wind power projects in Vietnam (below referred to as model power purchase agreement).

2. This Circular applies to:

a/ Owners of wind power projects;

b/ Wind power facility-managing and -operating units;

c/ Electricity buyers;

d/ Other related organizations and individuals.

Article 2. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Electricity buyer means the Vietnam Electricity Group or an attached unit authorized by the Vietnam Electricity Group or an organization receiving the rights and obligations of the Vietnam Electricity Group in accordance with law.

2. Electricity seller means an enterprise operating a wind power plant and producing and selling electricity from such plant or an organization receiving the rights and obligations to operate the wind power plant and produce and sell electricity from such enterprise in accordance with law.

3.  Synchronous wind turbine system comprises a generator, a converter, a rotor, a tower, a synchronous transformer, connection lines, and other equipment and structures serving the production of electricity from wind energy. The foundation of the tower, transformer station, cable trench, and other related construction works are not included in the synchronous wind turbine system.

4. Onshore wind turbine means a turbine having the center of its foundation lying in the mainland or in a coastal area with the outer limit being the mean low tide line over a period of many years. The mean low tide line over a period of many years shall be determined and announced under the Government’s Decree No. 40/2016/ND-CP of May 15, 2016, detailing a number of articles of the Law on Marine and Island Resources and Environment, or provisions of the law on marine and island resources and environment amending, supplementing or replacing such regulation.

5. Offshore wind turbine means a turbine having the center of its foundation lying in a sea area with the inner limit being the mean low tide line over a period of many years. The mean low tide line over a period of many years is defined in Clause 4 of this Article.

6. Area of land for wind power project investment survey and research means the area delimited within the geographical boundary specified by the People’s Committee of a province or centrally run city in the document permitting an investor to survey, research and evaluate wind energy potential serving the formulation of a wind power investment project within a time period. This area may be used only for survey and research activities such as building wind measuring masts and conducting geological and topographical surveys.

7. Area of land for use for a definite term of a wind power project means the total area of wind turbine tower foundations, including also the foundation protection area, the area for installing synchronous equipment at the foot of wind turbine towers, grid-connecting underground cable and utility poles; transformer stations; and the area for construction of internal roads and executive office. The area of land for use for a definite term shall be allocated by competent agencies to project owners for use throughout the life of projects.

8. Area of land for temporary use of a wind power project means the area which the project owner is allowed to temporarily use for implementation of the wind power project, covering temporary roads serving the construction, supplies and equipment gathering sites, construction sites, makeshift camps for workers, and other auxiliary sites. When the work is completed and put into use, the area of land for temporary use which is not included in the area of land for use for a definite term shall be recovered by competent agencies for use for other purposes.

9. Safety corridor of a wind power facility means the safety corridor of wind turbine towers, electricity transmission lines, transformer stations and auxiliary items.

10. Safety corridor of a wind turbine tower means a half-circle with the center being the center of the tower foundation and a radius equaling the height of the tower plus the radius of the turbine rotor blade.

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