Decree 135/2024/ND-CP policies to encourage the development of self-production and self-consumption rooftop solar power

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Decree No. 135/2024/ND-CP dated October 22, 2024 of the Government prescribing mechanisms and policies to encourage the development of self-production and self-consumption rooftop solar power
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Official number:135/2024/ND-CPSigner:Tran Hong Ha
Type:DecreeExpiry date:Updating
Issuing date:22/10/2024Effect status:
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Fields:Electricity , Industry , Policy
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Effect status: Known

THE GOVERNMENT
__________

No. 135/2024/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

______________________

Hanoi, October 22, 2024

DECREE

Prescribing mechanisms and policies to encourage the development of self-production and self-consumption rooftop solar power

_______________

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Electricity Law dated December 03, 2004, and the Law Amending and Supplementing a Number of Articles of the Electricity Law dated November 20, 2012;

Pursuant to the Law on E-Transactions dated June 22, 2023;

At the proposal of the Minister of Industry and Trade;

The Government hereby promulgates a Decree prescribing mechanisms and policies to encourage the development of self-production and self-consumption rooftop solar power.

 

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of regulation

This Decree stipulates the mechanisms and policies to encourage the development of self-production and self-consumption solar power installed on the roofs of construction works, including houses, public buildings, industrial parks, industrial clusters, export processing zones, high-tech zones, economic zones, production establishments, and business establishments which have been invested in and built in accordance with laws.

The direct power purchase between organizations and individuals shall be carried out in accordance with the Decree on the mechanism for direct power purchase between renewable energy electricity producers and large electricity consumers.

Article 2. Subjects of application

1. Organizations and individuals managing or participating in the development of rooftop solar power in Vietnam in the form of self-production and self-consumption.

2. Other relevant organizations and individuals.

Article 3. Interpretation of terms

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

1. Rooftop solar power means electricity produced from photovoltaic panels according to the principle of converting light energy into electrical energy, through the construction structure to be installed on the roof of a construction work, connected to electrical equipment and directly serving the electricity generation activity.

2. Self-production and self-consumption electricity means electricity produced and consumed by an organization or individual to primarily serve the needs of that organization or individual.

3. Self-production and self-consumption rooftop solar power connected to the national power system means rooftop solar power for producing, supplying electricity to on-site loads connected to the national power system or supplying electricity to on-site loads physically linked to the national power system.

4. Self-production and self-consumption rooftop solar power not connected to the national power system means rooftop solar power for producing, supplying electricity to on-site loads that are not connected to the national power system or supplying electricity to on-site loads that are not physically linked to the national power system.

5. Physical connection with the national power system means the electrical connection between the electrical load of an organization or individual and the electricity grid of an electricity entity, in which the electricity grid of an electricity entity (except the one belongs to Vietnam Electricity) connected to the national power system.

6. Surplus electricity output means the electricity output of self-production and self-consumption rooftop solar power that is not fully used for loads and the remaining part is sent to the national power system.

7. The buyer of surplus electricity is Vietnam Electricity or a member unit authorized by Vietnam Electricity.

8. The seller of surplus electricity is an organization or individual that owns self-production and self-consumption rooftop solar power, or an organization or individual that takes over the rights and obligations of the above organization or individual in accordance with laws.

 

Chapter II

DEVELOPMENT OF SELF-PRODUCTION AND SELF-CONSUMPTION SOLAR POWER

 

Article 4. Principle of development

1. Development of self-production and self-consumption rooftop solar power must ensure publicity, transparency, and equality among the subjects specified in this Decree.

2. The purchase and sale of surplus electricity output (if any) of self-production and self-consumption rooftop solar power shall comply with this Decree.

3. The output of self-production and self-consumption rooftop solar power development connected to the national power system in each locality must comply with this Decree, excluding self-production and self-consumption rooftop solar power in districts and island communes that have an electricity grid but have not yet connected or linked to the national power system.

4. Construction works before installing self-production and self-consumption rooftop solar power must ensure compliance with current legal regulations on investment, construction, land, environment, safety, and fire prevention and fighting. Development of self-production and self-consumption solar power must comply with the law on electrical safety, investment, construction, environment, and fire prevention and fighting.

5. In the process of investing in the construction of self-production and self-consumption rooftop solar power, organizations and individuals are not allowed to use photovoltaic panels or conversion equipment to convert direct current (DC) to used imported AC (alternating current).

6. Self-production and self-consumption rooftop solar power shall be operated to ensure the safety of the national power system, equally with other renewable energy sources (solar power, wind power).

Article 5. Illegal acts in the process of developing and operating self-production and self-consumption rooftop solar power

1. Development of self-production and self-consumption rooftop solar power in contravention of the provisions of this Decree.

2. Construction, installation, and operation of capacity exceeding the capacity announced or granted with the registration certificate by the competent agency, for self-production and self-consumption rooftop solar power connected to the national power system.

3. Organizations and individuals failing to comply with the dispatch orders of the power system dispatching levels.

Article 6. Self-production and self-consumption rooftop solar power not connected to the national power system

Before installing self-production and self-consumption rooftop solar power not connected to the national power system, organizations and individuals must:

1. Notify the installation capacity and location to the provincial-level Department of Industry and Trade and the local electricity entity.

2. Notify local management agencies in charge of construction and fire prevention for management, monitoring, and guidance in accordance with the law.

Article 7. Self-production and self-consumption rooftop solar power connected to the national power system

1. Upon developing self-production and self-consumption rooftop solar power, an organization or individual must notify or register in accordance with this Decree.

2. An organization or individual may choose to generate or not generate surplus electricity (if any) from self-production and self-consumption rooftop solar power into the national power system.

3. An organization or individual shall base on the scale and electricity consumption output to develop self-production and self-consumption rooftop solar power, ensuring that the developed capacity is less than or equal to the total installed capacity of the existing load (consistent with the electricity consumption output in the last 12 months).

4. For self-production and self-consumption rooftop solar power with an installed capacity of 100 kW or more, organizations and individuals shall be responsible for equipping devices and means of connection to the collection, monitoring and control system according to technical requirements publicly announced by Vietnam Electricity.

5. Organizations, individuals, households, and independent houses developing self-production and self-consumption rooftop solar power with an installed capacity of less than 100 kW must:

a) Send a notice made according to Form No. 04 provided in the Appendix to this Decree to the provincial-level Department of Industry and Trade and local electricity entity;

b) Send a notice made according to Form No. 04 provided in the Appendix to this Decree to local management agencies in charge of construction and fire prevention for management, monitoring, and guidance in accordance with the law.

6. Before installing self-production and self-consumption rooftop solar power with an installed capacity of 100 kW to less than 1,000 kW, organizations and individuals must:

a) Send a notice made according to Form No. 04 provided in the Appendix to this Decree, and a design dossier to the provincial-level Department of Industry and Trade;

b) Send a notice made according to Form No. 04 provided in the Appendix to this Decree to local management agencies in charge of construction and fire prevention for management, monitoring, and guidance in accordance with the law.

c) Send a notice made according to Form No. 04 provided in the Appendix to this Decree to the local electricity entity for management, monitoring, and safe operation of the power system. In case the capacity belongs to the master plan or the plan to implement master plan allocated in the locality, the surplus electricity may be sold in accordance with this Decree, in other cases, the provisions of Point b Clause 1 Article 8 of this Decree shall be complied with.

Article 8. Incentive policies

1. Organizations and individuals installing self-production and self-consumption rooftop solar power shall be exempted from electricity operation licenses and have no limit on capacity in the following cases:

a) Not connected to the national power system;

b) Installing an anti-reverse device system into the national power system;

c) Organizations and independent houses developing self-production and self-consumption rooftop solar power with a capacity of less than 100 kW.

2. Organizations and individuals who install self-production and self-consumption rooftop solar power with an installed capacity of 1,000 kW or more and sell surplus electricity to the national power system, shall carry out procedures on power master plan (except for cases within the capacity scale according to the master plan or the plan to implement the master plan allocated in the locality) and apply for grant of electricity operation licenses in accordance with law.

3. Self-production and self-consumption rooftop solar power shall be entitled to preferential tax policies in accordance with the applicable tax law.

4. Self-production and self-consumption rooftop solar power has its administrative procedures simplified in accordance with applicable specialized laws.

5. Construction works installing self-production and self-consumption rooftop solar power are not required to adjust or supplement the energy land and function master plan in accordance with the law.

6. Self-production and self-consumption rooftop solar power of households and independent houses; public buildings and works identified as public assets and technological equipment attached to construction works.

7. Self-production and self-consumption rooftop solar power connected to the national power system within the capacity scale according to the master plan and the plan for implementing the master plan, and self-production and self-consumption rooftop solar power connected to the national power system of households and independent houses with a capacity of less than 100 kW, if not fully used, shall be allowed to sell up to 20% of the actual installed capacity to the national power system. To be specific:

a) Vietnam Electricity shall pay organizations and individuals for the excess electricity output generated to the national power system, but not exceeding 20% ​​of the actual installed capacity;

b) The price for purchase and sale of surplus electricity to the national power system is equal to the average market electricity price in the previous year as announced by the power system and electricity market operator to ensure appropriate incentives in each development period of the national power system;

c) For self-production and self-consumption rooftop solar power installed on the roof of a construction work that is a public building or a work identified as a public asset, the surplus electricity output shall not be allowed to be purchased and sold.

8. Households and independent houses developing self-production and self-consumption rooftop solar power shall be exempted from modification of, or are not required to modify, their business licenses.

9. Organizations and individuals are encouraged to install battery storage systems to ensure safe and stable operation of the power system.

 

Chapter III

REGISTRATION FOR DEVELOPMENT, IMPLEMENTATION OF INVESTMENT IN CONSTRUCTION, ACCEPTANCE TEST AND OPERATION OF SELF-PRODUCTION AND SELF-CONSUMPTION ROOF SOLAR POWER

 

Section 1

REGISTRATION FOR DEVELOPMENT OF SELF-PRODUCTION AND SELF-CONSUMPTION ROOF SOLAR POWER

 

Article 9. Agencies competent to grant, and conditions for granting development registration certificates

1. Agencies competent to grant development registration certificates

The provincial-level Department of Industry and Trade shall receive dossiers and grant development registration certificates.

2. Conditions for grant of a development registration certificate

a) Having a dossier for registration of development of self-production and self-consumption rooftop solar power as specified in Article 10 of this Decree;

b) Satisfying the conditions prescribed in Clause 3 of this Article;

c) Having a unified document of local electricity entity.

3. For self-production and self-consumption rooftop solar power connected to the national power system, with a capacity of 1,000 kW or more:

a) In case of selling surplus electricity output to the national power system, the capacity must be consistent with the scale of capacity allocated for development in the locality in the master plan and plan for implementing the master plan;

b) In case of not selling surplus electricity output to the national power system, the registration shall be carried out in accordance with Point b Clause 1 Article 8 of this Decree.

Article 10. Dossiers of registration for developing self-production and self-consumption rooftop solar power connected to the national power system

1. Dossier-receiving agencies

Agencies receiving dossiers of registration for the development of self-production and self-consumption rooftop solar power are prescribed in Clause 1 Article 9 of this Decree.

2. A dossier must comprise:

a) A registration form, made according to Form No. 01 provided in the Appendix to this Decree;

b) Households and independent houses shall provide the following documents: Design drawings for installing self-production and self-consumption rooftop solar power; copy of construction permit of the work (if any) as prescribed by law;

c) The remaining subjects shall provide the following documents: Design drawings for installing self-production and self-consumption rooftop solar power; copies of investment policies, construction permits, fire prevention and fighting acceptance testing, construction work acceptance test results, environmental protection documents issued by competent agencies (if any) in accordance with the law.

Article 11. Methods of dossier submission

Organizations and individuals registering to develop self-production and self-consumption rooftop solar power connected to the national power system shall prepare a dossier in accordance with Article 10 of this Decree and submit it by one of the following methods:

1. Submitting the dossier directly at the headquarters of the dossier-receiving agency. Copies of uncertified documents must be accompanied by the originals for comparison. Number of dossiers: 01 set.

2. Sending the dossier by post. Copies of accompanying documents must be certified. Number of dossiers: 01 set.

3. In case of submitting the dossier via the e-portal of the dossier-receiving agency, it shall be implemented in the form of online public services.

Article 12. Procedures for granting certificates of registration for development of self-production and self-consumption rooftop solar power

1. Self-production and self-consumption rooftop solar power connected to the national power system:

a) In case the dossier is incomplete according to regulations or fails to meet the conditions prescribed in Clause 2 Article 9 of this Decree, within 3 working days from the date of receiving the dossier, the dossier-receiving agency shall issue a notice to return the entire dossier for the organization or individual to supplement and resubmit the dossier according to regulations;

b) In case the dossier is complete and valid, within 10 days from the date of receipt of the dossier, the receiving agency shall be responsible for granting a development registration certificate according to Form No. 02 provided in the Appendix to this Decree. In case of failure to meet the requirements, the dossier-receiving agency shall issue a written notice stating the reasons. During the settlement process, the dossier-receiving agency shall be responsible for determining the time of receipt in chronological order for settlement according to regulations;

c) After receiving a valid registration dossier, the receiving agency shall send the dossier to the local electricity entity to collect opinions on whether the self-production and self-consumption rooftop solar power proposed for development will cause an overload of the transformer station, low-voltage grid and distribution in the registered development area, and whether the proposed capacity is suitable for the existing load (based on the electricity consumption in the last 12 months). The electricity entity must review, resolve and send opinions to the receiving agency within a maximum of 7 days.

Article 13. Adjustment and supplementation of development registration certificate

When there is a change in information about the construction work owner, information on capacity scale, installation completion time, form of selection for generation and sale of surplus electricity output of self-production and self-consumption rooftop solar power recorded in the certificate, the adjustment and supplementation shall be carried out as follows:

1. The dossier shall be compiled in accordance with Article 10 of this Decree.

2. Dossier submission methods shall comply with Article 11 of this Decree.

3. The procedure for adjustments and supplements shall comply with Article 12 of this Decree.

Article 14. Revocation of development registration certificates

The agency that grants the certificate of registration for the development of self-production and self-consumption rooftop solar power shall consider and decide to revoke the certificate in the following cases:

1. The capacity or construction works with self-production and self-consumption rooftop solar power installations are subject to site clearance according to the competent authority's decision.

2. Organizations and individuals do not continue to develop and operate self-production and self-consumption rooftop solar power.

3. Forging documents in the registration dossier; issuing certificates without proper competence and other cases as decided by competent authorities.

4. Past 60 days from the date of completion of installation stated in the development registration certificate, but organizations and individuals have not yet installed self-production and self-consumption rooftop solar power.

 

Section 2

INVESTMENT IN CONSTRUCTION OF SELF-PRODUCTION AND SELF-CONSUMPTION ROOF SOLAR POWER

 

Article 15. For households and independent houses

Organizations and individuals implementing the construction and installation of self-production and self-consumption rooftop solar power must comply with the following regulations:

1. In case of self-production and self-consumption rooftop solar power not connected to the national power system

a) Purchase equipment in accordance with this Decree and applicable standards and regulations;

b) Ensure construction safety, environment, fire prevention and fighting in accordance with the law during the process of installation organization.

2. In case of self-production and self-consumption rooftop solar power connected to the national power system

a) Households and individuals who organize the design and installation of self-production and self-consumption rooftop solar power must comply with the instructions of state management agencies on construction, fire prevention and fighting in the locality and the capacity notified to agencies and units specified in Clause 5 or Clause 6 Article 7 of this Decree;

b) Purchase equipment in accordance with this Decree and applicable standards and regulations.

c) Ensure construction safety, fire prevention and fighting, and environmental safety in accordance with the law during the process of installation organization.

Article 16. For other organizations and individuals

Organizations and individuals shall deploy investment, construction and installation of self-production and self-consumption rooftop solar power according to the following regulations:

1. In case of self-production and self-consumption rooftop solar power not connected to the national power system

a) Purchase equipment in accordance with this Decree and applicable standards and regulations;

b) Ensure construction safety, environment, fire prevention and fighting in accordance with the law during the process of installation organization.

2. In case of self-production and self-consumption rooftop solar power connected to the national power system

a) Organizations and individuals shall invest in the construction of self-production and self-consumption rooftop solar power in accordance with the instructions of state management agencies on construction, fire prevention and fighting, environment and capacity granted in the development registration certificate or capacity notified to agencies and units specified in Clause 6 Article 7 of this Decree. In case of selling surplus electricity output, organizations and individuals shall comply with the instructions of local state management agencies;

b) Coordinate with the electricity entity to receive instructions on design, installation, and electrical connection to ensure electric safety during operation;

c) Purchase equipment in accordance with this Decree and applicable standards and regulations;

d) Ensure construction safety, fire prevention and fighting, and environmental safety in accordance with the law during the process of installation organization.

 

Section 3

ACCEPTANCE TEST AND OPERATION OF SELF-PRODUCTION AND SELF-CONSUMPTION SOLAR POWER

 

Article 17. Acceptance test of construction and installation investment

1. For households and independent houses

a) Carry out installation acceptance test according to the instructions of the local state construction management agency;

b) Carry out electrical safety, construction, fire prevention and fighting, and environmental work before putting self-production and self-consumption rooftop solar power into operation.

2. For other organizations and individuals

a) Carry out construction investment acceptance test according to the instructions of state management agencies on construction, environment, fire prevention and fighting, and electricity before putting self-production and self-consumption rooftop solar power into operation, ensuring electricity quality in accordance with applicable laws;

b) In case an organization or individual sells surplus electricity to the national power system, it shall carry out procedures for granting an electricity operation license in accordance with this Decree and the law on electricity.

3. Acceptance test of the remote metering and data collection system, on-site monitoring and control system and information connection with the data collection, monitoring and control system of the distribution dispatch level of self-production and self-consumption rooftop solar power connected to the national power system:

a) For self-production and self-consumption rooftop solar power with an installed capacity of less than 100 kW and surplus electricity sold to the national power system, the electricity entity shall coordinate, accept the metering system and connect to the remote metering data collection system of the surplus electricity buyer;

b) For self-production and self-consumption rooftop solar power with an installed capacity of 100 kW or more, the electricity entity shall coordinate to conduct the acceptance test of the metering system and remote metering data collection, on-site monitoring and control system, and information connection with the collection, monitoring and control system of the distribution dispatch level.

4. The project owner shall conduct acceptance test of the installation of the anti-reverse device system into the national power system. The electricity entity shall coordinate and conduct the acceptance test of the anti-reverse device system into the national power system.

Article 18. Power purchase for self-production and self-consumption rooftop solar power and sale of surplus electricity

1. An organization or individual shall submit a dossier requesting to sell electricity from self-production and self-consumption rooftop solar power, including: a written request to sell electricity, technical documents on solar photovoltaic panels, DC to AC converters; electricity transmission lines; factory certificates, equipment quality certificates (copies); development registration certificates for subjects specified in this Decree or documents from the provincial-level Department of Industry and Trade confirming the capacity under the master plan, the plan for implementing the master plan allocated in the locality; dossiers on completion of construction works as prescribed by the law on construction; written approvals of acceptance test (if any) of competent state agencies in charge of construction, fire prevention and fighting, and environment according to regulations.

2. The parties shall conduct technical inspections, install electricity meters, and confirm meter readings. The parties shall sign a power purchase agreement and switch on the electricity, putting the self-production and self-consumption rooftop solar power into operation; the time limit for the buyer of surplus electricity to sign the agreement is 5 working days from the date of receipt of the documents and dossiers requesting to sell electricity from the seller of surplus electricity.

3. The buyer and seller of surplus electricity shall sign a power purchase agreement that is made according to Form No. 05 provided in the Appendix to this Decree.

4. The term of the power purchase agreement is 5 years from the date the self-production and self-consumption rooftop solar power is put into operation. After this period, the agreement term extension or signing of a new agreement shall be carried out in accordance with applicable law.

 

Chapter IV

IMPLEMENTATION ORGANIZATION

 

Article 19. Responsibilities of ministries and sectors

1. The Ministry of Industry and Trade shall

Assume the prime responsibility for, and coordinate with provincial-level People's Committees, Vietnam Electricity and relevant ministries and branches in:

a) Managing and monitoring the total scale of self-production and self-consumption rooftop solar power development nationwide;

b) Guiding and inspecting organizations and individuals to comply with this Decree;

c) Annually summarizing and evaluating the implementation results under this Decree and report to the Government for consideration and amendment of regulations to ensure consistency with the practical development of rooftop solar power;

d) Based on the law on electricity, directing the power system and electricity market operator to announce the average market electricity price of the previous year in January of each year;

dd) Based on the technical and technological capabilities, the electricity transmission grid system's capabilities, and the needs for development of self-production and self-consumption power sources, promptly reporting to the Prime Minister for consideration and decision on adjusting the power master plan in accordance with the planning law.

2. Ministries, ministerial-level agencies, and provincial-level People's Committees shall, within the ambit of their tasks and powers, perform the state management of the development of self-production and self-consumption rooftop solar power.

Article 20. Responsibilities of provincial-level People’s Committees

1. Performing state management of the development of self-production and self-consumption rooftop solar power in localities. Requiring relevant organizations and individuals in localities to comply with the time and procedures for developing self-production and self-consumption rooftop solar power. Encouraging the development of an online public service system connecting the registration procedures for developing self-production and self-consumption rooftop solar power as prescribed in this Decree.

2. The provincial-level Departments of Industry and Trade are assigned to assume the prime responsible for, and coordinate with relevant agencies and units in, inspecting the compliance with regulations on safety, fire prevention and fighting, and environmental protection during the registration process for development, installation, and operation of self-production and self-consumption rooftop solar power. Strictly handle violations according to competence and regulations of law.

3. Assigning the provincial-level Departments of Industry and Trade to coordinate with local electricity units to review and publicize:

a) The total capacity of self-production and self-consumption rooftop solar power connected to the national power system is allocated according to the plan for implementing the national power development master plan;

b) Total capacity for which the development certificate has been granted;

c) Total capacity not yet developed.

4. The information prescribed in Clause 3 of this Article shall be disclosed immediately after there is a change in development capacity.

5. Within no more than 45 days from the effective date of this Decree, the provincial-level People's Committees shall be responsible for developing and promulgating a simplified procedures for implementation according to the order and procedures of the law to ensure convenience and create favorable conditions for organizations and individuals when registering for development, investment in construction, and installation of self-production and self-consumption rooftop solar power, including a sample document of the provincial-level Departments of Industry and Trade confirming the capacity under the master plan or the plan for implementing the master plan allocated in the locality and the processing time; decentralizing state management to lower-level agencies to guide organizations and individuals in developing, investing in construction, installation, acceptance, and operation in accordance with the law on investment, construction, fire prevention and fighting, environment, and electricity.

6. Organizing inspection of the settlement of dossiers and procedures for organizations and individuals developing rooftop solar power for self-production and self-consumption in localities.

7. Organizing propaganda on mechanisms and policies to encourage the development of self-production and self-consumption rooftop solar power. Balancing and allocating local budgets to encourage the development of self-production and self-consumption rooftop solar power in the management area as prescribed by law.

8. Reporting to the Ministry of Industry and Trade on the development of self-production and self-consumption rooftop solar power in the area before December 15 every year. Form No. 03 is provided in the Appendix to this Decree.

Article 21. Responsibilities of Vietnam Electricity

1. Complying with the requirements of local state management agencies in synthesizing, compiling statistics, and reporting on the development of self-production and self-consumption rooftop solar power according to the approved plan for implementing the national power development master plan.

2. Coordinating with state management agencies in inspecting and recommending handling of activities of developing self-production and self-consumption rooftop solar power that are not in accordance with the law, affecting the operation of the national power system.

3. Organizing the assessment of self-production and self-consumption rooftop solar power sources in case of generating surplus electricity into the national power system to ensure safe operation of the electricity grid under the management.

4. Organizing the monitoring of self-production and self-consumption rooftop solar power connected to the national power system, ensuring absolute safety in operation for the electricity grid under the management. Taking responsibility for organizing the monitoring of the operation of electronic meters and the system connecting to the remote data collection system of self-production and self-consumption rooftop solar power connected to the national power system.

5. Taking responsibility for managing, monitoring, guiding and post-inspecting local electricity entities in implementing the development of self-production and self-consumption rooftop solar power in accordance with Clause 6 Article 7 of this Decree.

Article 22. Responsibilities of local electricity entities

1. Complying with the requirements of local state management agencies in synthesizing, compiling statistics, and reporting on the development of self-production and self-consumption rooftop solar power according to the management.

2. Coordinating with state management agencies in inspecting and recommending handling of activities of developing self-production and self-consumption rooftop solar power that are not in accordance with the law, affecting the operation of the national power system.

3. Monitoring self-production and self-consumption rooftop solar power connected to the national power system, ensuring absolute safety in operating the electricity grid in areas with self-production and self-consumption rooftop solar power within the management. Taking responsibility for monitoring the operation of electromagnetic meters, anti-reverse devices and the system connected to the remote data collection system of self-production and self-consumption rooftop solar power connected to the national power system. In case of any abnormalities in the consumers’ electricity usage, a notice should be sent to the Department of Industry and Trade for inspection and handling according to regulations.

4. Organizing the assessment of self-production and self-consumption rooftop solar power sources in case of generating surplus electricity into the national power system to ensure safe operation of the electricity grid under the management.

5. Supporting and advising organizations and individuals to conduct initial inspections during connection, installation and operation of self-production and self-consumption rooftop solar power connected to the national power system.

6. Developing plans and solutions to monitor and control rooftop solar power sources in the form of digital conversion when the load is not in use on Saturdays, Sundays or holidays to ensure safety in power system operation.

7. Monitoring and supervising the anti-reverse device system of organizations and individuals connected to the national power system. Two-way electricity meters are not allowed to be installed for subjects that comply with the provisions of Point b Clause 1 Article 8 of this Decree.

8. Taking responsibility for managing, monitoring, guiding and post-inspecting organizations and individuals in implementing the development of self-production and self-consumption rooftop solar power in accordance with Clause 6 Article 7 of this Decree, under the management.

Article 23. Responsibilities of organizations and individuals developing self-production and self-consumption rooftop solar power

1. Complying with this Decree, coordinating with the electricity entity to ensure safe operation of the national power system. Sending information to provincial-level Departments of Industry and Trade after completing the construction, installation and putting into operation of self-production and self-consumption rooftop solar power.

2. Complying with standards, regulations, and laws on quality of electric power, and connecting and sharing information in accordance with the law on electricity. Organizations and individuals installing rooftop solar power to self-produce, self-consume, and sell surplus electricity to the national power system shall be responsible for investing, installing, and setting up meters, remote data transmission equipment at the power delivery point, and connecting to the remote data collection system of the electricity entity; equipping devices and means to connect to the control and monitoring system, ensuring safe and stable operation of the equipment, and being responsible for information security and safety in accordance with law.

3. Collecting, dismantling and taking responsibility for handling all materials, equipment and waste generated during the construction, operation or at the end of the operation of self-production and self-consumption rooftop solar power in accordance with environmental laws.

4. Taking responsibility for investing, installing, and operating self-production and self-consumption rooftop solar power, ensuring compliance with the law on electricity, investment, construction, and taxes; regulations on electrical safety, fire and explosion prevention and control in construction, environmental protection, safety in electricity generation and use; technical standards, applicable laws on quality of electric power and product quality, rooftop solar power equipment according to technical standards; regulations on power purchase, contracts, and other relevant laws.

5. Organizations and individuals developing self-production and self-consumption rooftop solar power as prescribed at Point b Clause 1 Article 8 of this Decree shall install an anti-reverse device system that complies with standards and regulations as prescribed by law and shall be responsible for ensuring stable operation of the anti-reverse device.

6. Organizations and individuals are obliged to coordinate with local electricity entities to comply with the capacity scale allocated in the locality according to the implementation master plan and plan before installing self-production and self-consumption rooftop solar power.

7. Organizations and individuals developing self-production and self-consumption solar power as prescribed in Clause 6 Article 7 of this Decree shall install an anti-reverse system to prevent power generated into the national power system in cases where the installed capacity is not suitable for the scale of development capacity allocated locally according to the master plan and plan for implementing the master plan.

8. Organizations and individuals when installing electricity storage systems must ensure electrical safety, environmental protection, and fire prevention and fighting in accordance with law.

Article 24. Responsibilities of management units and investors of industrial parks, industrial clusters, export processing zones, high-tech zones and economic zones

1. Creating favorable conditions for organizations and individuals to develop self-production and self-consumption rooftop solar power in accordance with law.

2. Coordinating with the electricity management unit to evaluate the self-production and self-consumption of rooftop solar power sources in case of excess electricity output into the national power system to ensure safe operation of the power system.

3. Managing, monitoring and inspecting the development of self-production and self-consumption rooftop solar power in the management area in accordance with law.

4. Supporting and advising organizations and individuals to conduct initial inspections during connection, installation and operation of self-production and self-consumption rooftop solar power linked to the national power system.

5. Monitoring and supervising the anti-reverse device system of organizations and individuals connected to the electricity grid under their management. Two-way electricity meters are not allowed to be installed for subjects that comply with the provisions of Point b Clause 1 Article 8 of this Decree.

6. Taking responsibility for managing, monitoring, guiding and post-inspecting organizations and individuals in implementing the development of self-production and self-consumption rooftop solar power in accordance with Clause 6 Article 7 of this Decree, under the management.

Article 25. Transitional provisions

1. Organizations and individuals who are selling electricity to electricity entities at rooftop solar power projects and systems that have been installed and operated to generate electricity before January 1, 2021, are not allowed to register to install additional self-production and self-consumption rooftop solar power at the same location of electricity use.

2. For organizations and individuals that have developed self-production and self-consumption rooftop solar power in the national power development planning period from January 1, 2021:

a) Households, independent houses, and public buildings that have installed self-production and self-consumption rooftop solar power connected to the national power system must send relevant information to the competent agency that grants the development certificate to record the scale and location. In case of selling surplus electricity to the national power system, they must comply with this Decree;

b) Organizations and individuals not regulated by Point a Clause 2 of this Article that have installed self-production and self-consumption rooftop solar power connected to the national power system shall send relevant information to the competent agency granting the development certificate to record the scale and location and are not allowed to sell surplus electricity. In case of selling surplus electricity, they must comply with this Decree.

Article 26. Effect

1. This Decree takes effect from October 22, 2024.

2. Ministers, Heads of ministerial-level agencies, Heads of Government-attached agencies, chairpersons of People’s Committees of provinces and centrally run cities, and heads of related agencies, organizations and individuals shall implement this Decree./.

 

 

ON BEHALF OF THE GOVERNMENT

THE PRIME MINISTER
THE DEPUTY MINISTER

 

 

Tran Hong Ha

 

* All Appendices are not translated herein.

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