Circular 03/2025/TT-BCT dossiers, order and procedures for electricity purchase and sale with foreign countries

CIRCULAR

On dossiers, order and procedures for electricity purchase and sale with foreign countries

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Pursuant to the Law on Electricity dated December 03, 2004;

The Government's Decree No. 96/2022/ND-CP dated November 29, 2022, defining the functions, tasks, powers and organizational structures of the Ministry of Industry and Trade, and the Government’s Decree No. 105/2024/ND-CP dated August 1, 2024, amending and supplementing a number of articles of the Government’s Decree No. 96/2022/ND-CP dated November 29, 2022, defining the functions, tasks, powers and organizational structures of the Ministry of Industry and Trade;

At the proposal of the Director of the Electricity Regulatory Authority,

The Minister of Industry and Trade hereby promulgates the Circular on dossiers, order and procedures for electricity purchase and sale with foreign countries.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular details Clause 8 Article 46 of the Electricity Law No. 61/2024/QH15 dated November 30, 2024, regarding dossiers, order and procedures for electricity purchase and sale with foreign countries.

Article 2. Subjects of application

This Circular applies to the following subjects:

1. Vietnam Electricity.

2. Other organizations and individuals in Vietnam, that wish to conduct electricity purchase and sale with foreign countries.

Article 3. General requirements

1. For each specific project of electricity export and import, the electricity purchase and sale with foreign countries shall only be conduct after its policy is approved.

2. Plans for electricity purchase and sale with foreign countries of an electricity export and import project must be in line with the approved Strategies for electricity purchase and sale with foreign countries included in the National Power Development Strategy, power development master plans and plans for implementation of the approved master plans.

3. In case where the electricity purchase and sale with foreign countries plan of an electricity import and export project aligns with the Strategy for electricity purchase and sale with foreign countries and the power development master plan, but the grid interconnection plan does not arise in the territory of Vietnam, or arises in the territory of Vietnam but has not yet been incorporated into the plan for implementation of the power development master plan, the Minister of Industry and Trade shall approve the policy on electricity import and export for the project and incorporate the grid interconnection plan of the project into the plan for implementation of the power development master plan.

4. In case where the plan for electricity purchase and sale with foreign countries of an electricity import and export project does not align with the Strategy for electricity purchase and sale with foreign countries, power development master plan, and the plan for implementation of the master plan, the electricity import and export project must undergo procedures for modification of the Strategy for electricity purchase and sale with foreign countries, power development master plan, and the plan for implementation of the master plan before the approval of the policy on electricity import and export for the project. 

5. In cases where electricity purchase and sale with foreign countries involves the use of the electricity grid of another grid management entity to purchase and sell electricity with foreign countries, relevant organizations or individuals must reach a written agreement with the respective grid management entity.

6. Vietnam Electricity (EVN) is the entity responsible for conducting electricity purchase and sale with foreign countries through the national power system.

7. Organizations and individuals in Vietnam that wish to purchase and sell electricity with foreign countries shall conduct electricity purchase and sale with foreign countries activities not through the national power system.

Chapter II

ORDER AND PROCEDURES FOR ELECTRICITY PURCHASE AND SALE WITH FOREIGN COUNTRIES

Article 4. Application dossiers for approval of policies on electricity purchase and sale with foreign countries

1. An application dossier for approval of a policy on electricity purchase and sale with foreign countries through the national power system must contain:

a) A written request for the approval for purchase and sale of electricity with foreign countries;

b) A copy of the foreign party's written request for electricity purchase or approval for electricity sale;

c) A copy of the written agreement of another grid management entity, for the cases specified in Clause 5 Article 3 of this Circular;

d) Certified copies (translated into English or Vietnamese) of legal documents issued by the competent agency of the host country (the electricity selling or purchasing country), demonstrating information regarding the investor’s capacity and experience, as well as project-related details.

dd) A proposed plan for electricity purchase and sale with foreign countries, which contains the following information:

- Preliminary description of the power grid status in the interconnection area for electricity import and export;

- Electricity demand: capacity, electric energy, annual load chart, expected typical days of an electricity import and export project for each year within the period aligned with the stage of the approved electricity development master plan and plan for implementation of the master plan. For electricity import and export projects connected at voltage levels of 110 kV or higher, additional details must be provided, including: Preliminary analysis and selection of technology and technical solutions for the grid interconnection plan; land clearance and resettlement plans (if applicable), project's impacts on the environment, fire prevention and fighting, and national security and defense (if any);

- A copy of the regional power grid development plan serving the interconnection between the two countries (for system-based electricity import and export) or the transmission line interconnecting the project (for project-based electricity import and export), approved by the competent authority for voltage levels of 110 kV or higher;

- A grid interconnection plan: Capacity and electric energy; expected time for electricity purchase or sale; interconnected power grid and connection points; location of metering devices for electricity purchase and sale; voltage levels for electricity purchase and sale; geographical map and regional power grid interconnection diagram for both countries, illustrating the electricity purchase and sale plan of the project;

- Investment model, preliminarily determining the construction volume, total investment capital, project implementation timeline, capital mobilization plan in accordance with project milestones, socio-economic efficiency of the project and investment phasing plan (if applicable) for the Vietnamese party;

- Implementation solutions.

2. An application dossier for approval of a policy on electricity purchase and sale with foreign countries, through direct interconnection, without using the national power system, must contain:

a) A written request for the approval for purchase and sale of electricity with foreign countries;

b) A copy of the foreign party's written request for electricity purchase or approval for electricity sale;

c) A copy of the written agreement of another grid management entity, for the cases specified in Clause 4 Article 3 of this Circular;

d) Certified copies (translated into English or Vietnamese) of legal documents issued by the competent agency of the host country (the electricity selling or purchasing country), demonstrating information regarding the investor’s capacity and experience, as well as project-related details; expected plan for electricity purchase and sale with foreign countries.

Article 5. Order for approval of policies on electricity purchase and sale with foreign countries

1. Vietnam Electricity and Vietnam-based organizations and individuals that wish to purchase and sell electricity with foreign countries shall prepare a dossier for approval of electricity purchase and sale with foreign countries under Article 4 of this Circular, and shall take responsibility for the accuracy and truthfulness of the application dossier for approval of electricity purchase and sale with foreign countries.

2. A dossier shall be submitted as follows:

a) Vietnam Electricity and Vietnam-based organizations and individuals that wish to purchase and sell electricity with foreign countries, may choose to submit the dossier to the Ministry of Industry and Trade directly, or online or through postal services;

b) In case of online submission: A dossier for approval of electricity purchase and sale with foreign countries shall be submitted online on the National Public Service Portal. In cases where the electronic dossier has a large file size or contains documents that, as per legal regulations, cannot be transmitted via electronic networks, the submission may be made directly or through postal services;

c) In case of direct submission or submission through postal services, the number of dossier sets required is 5.

3. Order for approval of policies on electricity purchase and sale with foreign countries as follows:

a) Within 5 working days from the receipt of the dossier, the Ministry of Public Security shall respond in writing, specifying the completeness and validity of the dossier in accordance with Article 4 of this Circular;

b) Within 10 working days from the receipt of the valid and complete dossier as prescribed in Article 4 of this Circular, the Ministry of Public Security shall organize the appraisal and collect written opinions on the plan for electricity purchase and sale with foreign countries of the electricity import and export project from the following agencies and units:

- Concerned ministries, branches and localities, for electricity import and export projects connected at a voltage level of 220 kV or higher;

- Concerned localities and electricity entities, for electricity import and export projects connected at a voltage level of under 220 kV.

c) Vietnam Electricity, and Vietnam-based organizations and individuals that wish to purchase and sell electricity with foreign countries are required to provide explanations regarding the appraisal opinions or facilitate the appraisal agency’s on-site inspection and evaluation of the electricity import and export project when necessary.

d) Within 15 working days from the completion of collecting written opinions from ministries, branches, localities and electricity entities involved in the plan for electricity purchase and sale with foreign countries, the Ministry of Public Security shall consider approving the policy for such electricity import and export projects.

Article 6. Dossiers and order for electricity purchase and sale with foreign countries

1. Vietnam Electricity, and Vietnam-based organization or individual that wishes to purchase and sell electricity with a foreign country shall, after the policy for electricity purchase and sale with foreign country is approved, negotiate and conclude a power purchase agreement with the electricity buyer or seller in accordance with the law, and send the power purchase agreement for the foreign country to the Ministry of Industry and Trade within 7 days before purchase and sale of electricity with the foreign country.

2. A dossier for electricity sale to a foreign country must contain:

a) A power purchase agreement signed upon by the parties;

b) An interconnection agreement for each electricity import and export project with the foreign country.

Chapter III

IMPLEMENTATION ORGANIZATION

Article 7. Implementation organization

1. The Ministry of Public Security shall disseminate, provide instructions and inspect the implementation of this Circular.

2. Vietnam Electricity shall direct its affiliated units to implement this Circular.

Article 8. Effect

1. This Circular takes effect from February 1, 2025. The Minister of Industry and Trade's Circular No. 09/2015/TT-BCT dated May 29, 2015, guiding the order and procedures for electricity purchase and sale with foreign countries, ceases to have effect from the effective date of this Circular.

2. For dossiers submitted by organizations and individuals to the Ministry of Industry and Trade for appraisal of electricity purchase and sale policies before the effective date of this Circular, the Ministry of Industry and Trade shall continue to appraise according to the submitted dossiers.

3. Any problems or issues arising in the course of implementation of this Circular shall be reported to the Ministry of Industry and Trade for modification accordingly./.