VietnameseDecree 58/2025/ND-CP detailing the Law on Electricity on renewable energy and new energy development
THE GOVERNMENT ________ No. 58/2025/ND-CP | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness _______________________ Hanoi, March 03, 2025 |
DECREE
Detailing a number of articles of the Law on Electricity on renewable energy and new energy development
________
Pursuant to the Law on Organization of the Government dated February 18, 2025;
Pursuant to the Law on Electricity dated November 30, 2024;
At the proposal of the Minister of Industry and Trade;
The Government hereby promulgates the Decree detailing a number of articles of the Law on Electricity on renewable energy and new energy development.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree details a number of articles of the Law on Electricity on renewable energy and new energy development, including: Clause 4, Article 13; Clause 8, Article 20; Clause 3, Article 22; Clause 2, Article 23; Point c, Clause 2, Article 25; Clause 5, Clause 7, and Clause 8, Article 26; Point b, Clause 2, Clause 5, Article 27; Clause 4, Article 28; Clause 4, Article 29.
Article 2. Subjects of application
This Decree applies to authorities, organizations, and individuals carrying out activities prescribed in Article 1 of this Decree in the territory of the Socialist Republic of Vietnam.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Surplus electricity seller means an organization or individual that owns a self-production or self-consumption power source, or an organization or individual that is a successor to the above organization or individual in accordance with the law regulations.
2. Surplus electricity purchaser means any of the following power companies:
a) Subsidiaries of Power Corporations under Vietnam Electricity;
b) Subdivisions of Power Corporations under Vietnam Electricity.
3. Connection to the national power system means the electrical connection between the electrical load or power source of an organization or individual to the national power system or the connection through the power grid of the electricity entity.
4. Rooftop solar power means electricity produced from photovoltaic panels based on the principle of converting light energy into electrical energy installed on the roof of a construction work, connected to electrical equipment and used for electricity generation.
5. Surplus electricity means electricity produced from renewable energy and new energy sources in the form of self-production and self-consumption, but not used up for load and transmitted to the grid owned by the surplus electricity purchaser.
Chapter II
RENEWABLE ENERGY AND NEW ENERGY DEVELOPMENT
Article 4. Preferential and facilitation mechanisms for developing electricity storage systems of the projects generating electricity from renewable energy sources
Projects generating electricity from renewable energy sources equipped with electricity storage systems and connected to the national power system shall be prioritized for mobilization during peak hours of the power system in accordance with the regulations, except for self-production and self-consumption power sources.
Article 5. Preferential and support policies for appropriate research and development of technology in wind power and solar power sectors
1. Research and development of technology in wind power and solar power sectors in Vietnam is encouraged and supported in accordance with Article 8 of the Law on Electricity and relevant law regulations.
2. The State prioritizes the implementation of programs for research, development, application of science and technology, production of solar panels, wind turbines, and electric power conversion equipment.
3. Other incentive and support policies in accordance with the applicable law regulations.
Article 6. Conditions and time limits for application of preferential and support policies for new energy development
1. A new energy project shall be entitled to preferential and support policies prescribed in Clause 2, Article 23 of the Law on Electricity if it meets the following conditions:
a) The new energy project is allowed to produce electricity from 100% green hydrogen or 100% green ammonia or 100% mixture of green hydrogen and green ammonia;
b) The project supplies electricity to the national power system;
c) The project is the first of its kind to produce electricity from each type of new energy.
2. Projects prescribed in Clause 1 of this Article shall be entitled to the following preferential mechanisms:
a) Exemption from levies for using maritime areas during the capital construction period for a period of no more than 03 years from the date of construction commencement. 50% reduction in levies for using maritime area for a period of 09 years after the exemption period during the capital construction period;
b) Exemption from land use levies or land rentals during the capital construction period for a period of no more than 03 years from the date of construction commencement. After the exemption period during the capital construction period, the land use levies or land rentals shall be exempted or reduced in accordance with the law regulations on investment and land;
c) Minimum long-term contracted electricity output of 70% within the loan principal repayment period for a period of no more than 12 years, unless otherwise agreed by the investor and the electricity purchaser. This incentive does not apply in cases where the project cannot generate the minimum committed output due to reasons from the project’s side or, due to load demand or technical conditions of the power system, all the output cannot be consumed;
d) After the deadline prescribed at Point a and Point c of this Clause, the preferential mechanisms shall apply in accordance with the law regulations then applicable.
Article 7. Mechanism for sharing and providing information, data on monitoring parameters of primary energy sources and statistics on electricity of renewable energy and new energy power plants
1. Owners of renewable energy and new energy power plants provide primary energy source parameters (if any) and statistics on electricity during their operation as follows:
a) For solar power plants, the following parameters shall be provided: Total weekly sunshine hours (in hours), average weekly solar irradiance (in W/m²), total weekly solar irradiation (in kWh/m²), weekly electricity generation statistics (in kWh);
b) For wind power plants, the following parameters shall be provided: Prevailing monthly wind direction; wind measurement height from ground level (in meters); average weekly wind speed (in m/s); average weekly wind power density (in W/m²); weekly electricity generation statistics (in kWh);
c) For biomass and waste-to-energy power plants, weekly statistics on the physical properties of the biomass or waste used for electricity generation shall be provided, including: Mass (in kg), moisture content (in %), and calorific value (in kJ/kg); weekly electricity generation statistics (in kWh);
d) For other renewable and new energy power plants, weekly statistics on primary energy parameters and input fuels used for electricity generation; weekly electricity generation statistics (in kWh) shall be provided.
2. Reporting requirements:
a) Owners of renewable energy power plants and new energy power plants under projects with their investment proposals approved or decided by the provincial-level People's Committees shall report the data prescribed in Clause 1 of this Article of the preceding year to the provincial-level Departments of Industry and Trade before January 15 every year. The provincial-level Departments of Industry and Trade shall be responsible for summarizing and reporting the data to the Ministry of Industry and Trade before January 31 every year;
b) Owners of renewable energy power plants and new energy power plants under projects with their investment proposals approved or decided by the National Assembly or the Prime Minister shall report the data prescribed in Clause 1 of this Article of the preceding year to the Ministry of Industry and Trade before January 15 every year;
c) In addition to complying with the reporting requirements prescribed at Point a and Point b of this Clause, owners of renewable energy and new energy power plants must comply with other law regulations related to reporting on operational information and data of power plant projects.
3. Use and extraction of data:
The Ministry of Industry and Trade and the provincial-level Departments of Industry and Trade shall compile and store data reported by power plant owners in accordance with Clause 1 and Clause 2 of this Article to facilitate the assessment of renewable energy and new energy development potential; to provide data for basic surveys prescribed in Article 21 of the Law on Electricity; to facilitate the calculation and forecasting of power sources, the operation of the power system and for other purposes in accordance with the regulations.
Article 8. Deadlines for decommissioning solar power plants and wind power plants
From the time of termination of operations as prescribed in Clause 1, Article 25 of the Law on Electricity, the owner of a solar power plant or wind power plant shall be responsible for completing the decommissioning of the plant within the following time limit:
1. For power plants of land-based projects, the decommissioning time limits are prescribed as follows:
a) For projects classified as Group A or higher in accordance with the law regulations on public investment, the maximum decommissioning time limit is 03 years;
b) For other projects, the maximum decommissioning time limit is 02 years.
2. For power plants of marine-based projects, the decommissioning time limits are prescribed as follows:
a) For projects classified as Group A or higher in accordance with the law regulations on public investment, the maximum decommissioning time limit is 05 years;
b) For other projects, the maximum decommissioning time limit is 03 years.
Article 9. Renewable energy and new energy power investment projects with investment proposals subject to the approving competence of the Prime Minister as prescribed in Clause 4, Article 31 of the Law on Investment
1. Renewable energy projects and new energy projects utilizing the interzone maritime area within the maritime zone of 6-nautical mile from the shoreline with the lowest mean sea level in many years of the mainland towards the sea.
A dossier requesting approval of the investment proposal of such a project as prescribed in this Clause shall be prepared as follows:
a) The investor shall prepare a dossier requesting approval of the investment proposal in accordance with the law regulations on investment;
b) Unless otherwise prescribed at Point a of this Clause, the Ministry of Industry and Trade shall be responsible for preparing a dossier requesting approval of the investment proposal in accordance with law regulations on investment;
c) For an investment project as prescribed at Point a or Point b of this Clause, the Prime Minister shall designate the investment registration authority of the relevant province or municipality to issue an Investment Registration Certificate for the entire project.
2. New energy projects, renewable energy projects utilizing the maritime area outside the maritime zone of 6-nautical mile from the shoreline with the lowest mean sea level in many years of the mainland towards the sea.
Chapter III
DEVELOPMENT OF ELECTRICITY SELF-PRODUCTION AND SELF-CONSUMPTION FROM RENEWABLE ENERGY AND NEW ENERGY SOURCES
Section 1
GENERAL PROVISIONS
Article 10. Development principles
1. Organizations and individuals owning self-production and self-consumption power sources but not using up all the electricity produced may sell the surplus electricity as follows:
a) Surplus electricity from self-production and self-consumption rooftop solar power sources may be sold in accordance with this Decree;
b) Unless otherwise prescribed at Point a of this Clause, surplus electricity from other self-production and self-consumption power sources may be sold, with such sales limited to no more than 10% of the actual electricity generated.
2. The cost of purchasing surplus electricity from renewable energy sources and new energy sources prescribed in this Decree shall be fully accounted for and included in the input parameters of the annual wholesale and retail electricity price plan of Vietnam Electricity.
3. Projects, construction works before investment and installation of self-production and self-consumption rooftop solar power sources must ensure compliance with the law regulations on investment, construction, land, environment, safety, and fire prevention and fighting.
4. Organizations and individuals may not import used electrical devices for investment in the construction of self-generation and self-consumption power sources from which the surplus electricity is sold to the national power system.
5. Operational requirements for self-production and self-consumption rooftop solar power sources connected to the national power system:
a) Self-production and self-consumption power sources shall be operated in a manner that ensure the safety of the national power system and mobilized equally with other renewable energy and new energy sources of the same type;
b) For self-production and self-consumption power sources connected to the electricity grid 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 of the distribution dispatching authority in accordance with technical requirements publicly announced by Vietnam Electricity on its website;
c) Organizations and individuals prescribed at Point b of this Clause that generate surplus electricity to the national power system must comply with the dispatch and control orders of the power system dispatching authorities;
d) In case of a situation that threatens the ability to ensure power supply, the power system dispatching authorities shall decide to mobilize or stop, reduce the electricity generation capacity to the grid from self-production and self-consumption power sources with an installed capacity of 100 kW or more to ensure the safety and security of power supply.
Article 11. Development capacity of self-production and self-consumption power sources
1. The capacity of self-produced and self-consumed power sources shall comply with the regulations of Law on Electricity on electricity development planning, power distribution grid development plans in provincial-level master plans and shall be consistent with the electricity load and development conditions of the power system, except for the power sources prescribed in Clause 5, Article 10 of the Law on Electricity and documents detailing Clause 5, Article 10 of the Law on Electricity.
2. An organization or individual developing a self-production and self-consumption power source shall be responsible for calculating and determining the capacity scale and electricity output appropriate to the load needs of such organization or individual. Organizations and individuals are encouraged to install electricity storage systems suitable for load needs or must install in accordance with the ratio prescribed by competent authorities (if any).
3. The installed capacity of self-production and self-consumption power sources of organizations and individuals prescribed in Clause 2 of this Article must not exceed the capacity Pmax calculated as follows:
a) For organizations and individuals who are purchasing electricity from electricity entities that measure electricity through single-phase meters:
Pmax = (Udđ x Idđmax xkc)√3
Where:
Udđ: Voltage level at which organizations and individuals purchase electricity from the electricity entity (0.4 kV; 6 kV; 10 kV; 22 kV or other voltage levels applied in practice);
Idđmax: Maximum current of the meter (recorded on the meter);
kc: Multiplier of a current transformer, which is the ratio between the rated primary current and the rated secondary current (if any).
b) For organizations and individuals who are purchasing electricity from electricity entities that measure electricity through 3-phase meters:
Pmax = √3Udđ x Idđmax x kc
Where:
Udđ: Voltage level at which organizations and individuals purchase electricity from the electricity entity (0.4 kV; 6 kV; 10 kV; 22 kV or other voltage levels applied in practice);
Idđmax: Maximum current of the meter (recorded on the meter);
kc: Multiplier of a current transformer, which is the ratio between the rated primary current and the rated secondary current (if any).
Article 12. Process and procedures for developing self-production and self-consumption power sources
1. For power sources not connected to the national power system:
a) An organization or individual that needs to invest in building a power source shall send a notice to the provincial-level Department of Industry and Trade and the provincial-level electricity entity with information about: Name of the organization or individual; type of the power source, its capacity scale; purpose, location, commencement date, completion date. The provincial-level Departments of Industry and Trade shall be responsible for summarizing and reporting such information to the Ministry of Industry and Trade;
b) Investment in power source construction must comply with law regulations on investment, construction, environmental protection, fire prevention and fighting and other relevant law regulations.
2. For a power source that is connected, and its surplus electricity is not sold, to the national power system, the organization or individual investing in developing such power source shall comply with Point a and Point b, Clause 1 of this Article and the following regulations:
a) Unless otherwise prescribed in Clause 5, Article 10 of the Law on Electricity, the capacity scale of the power source must be consistent with the power development master plan, the plan to implement the power development master plan, and the plan to develop the power supply network under the provincial-level master plan;
b) The organization or individual must agree and reach consensus with the relevant electricity entity on connection points and investment boundaries. The electricity entity shall be responsible for determining and agreeing on connection points and investment boundaries within 05 working days;
c) Depending on the scale of development capacity, the organization or individual must comply with technical, control, monitoring, and protection requirements in accordance with the law regulations on electricity.
3. For a power source from which the surplus electricity is not sold to the national power system, the organization or individual shall comply with Point a and Point b, Clause 1; Point a, Point b, and Point c, Clause 2 of this Article and the following regulations:
a) The organization or individual shall reach a metering agreement with the surplus electricity purchaser;
b) Carry out procedures to obtain electricity operation licenses unless such electricity operation licenses are not required in accordance with the regulations.
4. Except for self-production and self-consumption rooftop solar power source, the surplus electricity prescribed in Clause 3 of this Article shall be sold and purchased as follows:
a) On a monthly basis, the surplus electricity purchaser will only pay for the portion of surplus electricity sold to the national power system, up to a maximum of 10% of the actual electricity generated, as measured at the terminals of the generator or inverter. The specific surplus electricity rate shall be agreed upon by the purchaser and seller in accordance with the regulations;
b) For small renewable energy power plants that produce and consume electricity on site, the surplus electricity purchase price is the average electricity cost according to the annual Avoidable Cost Tariff issued by the Minister of Industry and Trade;
c) Except for the power sources prescribed at Point b of this Clause, the surplus electricity purchase price is the average electricity market price in the preceding year announced by the electricity system and market operator, minus the cost of using electricity distribution and retail services inspected, reviewed and commented by competent authorities in accordance with the regulations on the mechanism for adjusting the average retail electricity tariff issued by the Government in the preceding year (if any). The surplus electricity purchase price shall not exceed the maximum price within the electricity generation price bracket of the corresponding type.
Section 2
DEVELOPMENT OF SELF-PRODUCTION AND SELF-CONSUMPTION ROOFTOP SOLAR POWER SOURCES
Article 13. Policies on encouraging development
1. Construction works that comply with law regulations on investment, construction, land, environmental protection, safety, fire prevention and fighting may be equipped with self-production and self-consumption solar power sources on their rooftops.
2. Households using detached houses to develop power sources with the capacity of less than 100 kW and sell surplus electricity to the national power system shall be exempted from or not required to adjust their Business Registration Certificate.
Article 14. Surplus electricity purchase mechanism
1. Surplus electricity from the following sources may be sold:
a) Rooftop solar power sources connected to the national power system within the capacity development scale in the power development master plan, the plan to implement the power development master plan, and the plan to develop the power supply network under the provincial-level master plan, unless otherwise prescribed at Point b, Point c of this Clause;
b) Solar power sources installed on the roofs of detached houses with the capacity of less than 100 kW, connected to the power grids of the surplus electricity purchasers;
c) Rooftop solar power sources installed by organizations and individuals on the roofs of construction works in mountainous, border, and island areas with their own power grids that have not yet been connected or linked to the national power system.
2. Unless otherwise in Clause 5 and Clause 6 of this Article, the surplus electricity from the sources prescribed in Clause 1 of this Article may be sold to purchasers, with such sales limited to no more than 20% of the electricity generated at the rooftop solar source terminals, calculated according to radiation intensity (as measured at the terminals of the inverters, including electricity stored in the electricity storage system, if any). The monthly electricity output generated at the terminals of a rooftop solar power source is calculated as follows:
Ai= PVout(i) xPlđ
Where:
Ai: Monthly electricity output generated at the terminals of the rooftop solar power source in month ith, in kWh;
PVout(i): A characteristic factor representing the average energy output (kWh) per kWp of the rooftop solar power source in month ith in each province or municipality, in kWh/kWp. Theoretical PVout of 12 months in a year in each province and municipality shall be publicly announced by Vietnam Electricity after obtaining comments thereon from the Ministry of Industry and Trade and the Ministry of Agriculture and Environment;
Plđ: Total rated capacity of photovoltaic panels actually installed of the rooftop solar power source, in kWp.
3. The payment for the purchase of monthly surplus electricity in Clause 2 of this Article shall be made under the agreement between the surplus electricity seller and the surplus electricity purchaser as follows:
a) In cases where the surplus electricity generated into the grid of the purchaser is greater than 20% of Ai, the payable amount will be capped at 20% of Ai;
b) In cases where the surplus electricity generated into the grid of the surplus electricity purchaser is less than 20% of Ai, the payment shall be made for the total electricity generated to the grid of the surplus electricity purchaser measured at the meter.
4. The surplus electricity purchase price is the average electricity market price in the preceding year announced by the electricity market transaction-administering unit, but not higher than the maximum price of the ground-mounted solar power price bracket.
5. The surplus electricity from self-production and self-consumption rooftop solar power sources installed at public properties may not be sold and purchased.
6. In mountainous, border and island areas where the electricity supply from the national power system is not available, the amount of surplus electricity that can be purchased from organizations and individuals selling surplus electricity is unlimited. The payment shall be made for the total surplus electricity generated to the grid of the surplus electricity purchaser measured at the meter. From the date the electricity supply from the national power system is available in such an area, the determination and payment of surplus electricity shall be made in accordance with Clause 2 and Clause 3 of this Article.
7. Organizations and individuals selling surplus electricity must carry out procedures to obtain electricity operation licenses unless such electricity operation licenses are not required in accordance with the regulations.
Article 15. Notice of power source development
1. Organizations and individuals developing self-production and self-consumption rooftop solar power sources not connected to the national power system shall comply with Clause 1, Article 12 of this Decree.
2. A household using a detached house to develop a self-production and self-consumption rooftop solar power source with a capacity of less than 100 kW connected to the national power system shall send a notice made using Form No. 01 provided in the Appendix to this Decree to the provincial-level Departments of Industry and Trade, electricity entity, and local construction and fire prevention and fighting management authorities for management, monitoring, and guidance in accordance with the law regulations.
3. Unless otherwise prescribed in Clause 2 of this Article, an organization or individual developing a self-production and self-consumption rooftop solar power source with an installed capacity of less than 1,000 kW connected to the national power system and not registering to sell surplus electricity must send a notice made using Form No. 02 provided in the Appendix to this Decree to the provincial-level Department of Industry and Trade, electricity entity, and local construction and fire prevention and fighting management authorities for management, monitoring, and guidance in accordance with the law regulations.
4. State regulatory authorities and electricity entities prescribed in Clause 2 and Clause 3 of this Article shall be responsible for guiding organizations and individuals sending the notices to comply with sector-specific law regulations when requested by such organizations and individuals.
Article 16. Registrants for development and the competence to grant power source development registration certificates
1. Registrants for development of self-production and self-consumption rooftop solar power sources connected to the national power system include:
a) Organizations and individuals developing power sources with the installed capacity of 1,000 kW or more;
b) Organizations and individuals developing power sources with the installed capacity of less than 1,000 kW that do not sell surplus electricity but need to obtain Development Registration Certificates;
c) Organizations and individuals developing power sources with the installed capacity of less than 1,000 kW that register to sell surplus electricity to the grid of the surplus electricity purchasers, except for households developing power sources with the capacity of less than 100 kW on the roofs of detached houses and those prescribed in Clause 6, Article 14 of this Decree.
2. The total capacity of power sources registered for development as prescribed at Point a and Point c, Clause 1 of this Article must not exceed the capacity allocated to localities in accordance with the law regulations on power development planning.
3. The provincial-level Departments of Industry and Trade of provinces and municipalities shall have the competence to grant Development Registration Certificates to the registrants prescribed in Clause 1 of this Article.
4. Conditions for a Development Registration Certificate to be issued:
a) A complete development registration dossier as prescribed in Article 17 of this Decree is available;
b) The provincial-level electricity entity’s written confirmation that the power source to be installed will not cause overload to the transformer station, low-voltage grid, and distribution grid in the area where its development is registered.
Article 17. Dossier of request for issuance of a Development Registration Certificate
1. A dossier shall comprise of:
a) A written application for registration, made using Form No. 03 provided in Appendix to this Decree;
b) A household using a detached house shall provide the following documents: the power source installation design drawing; copies of documents related to roofed structures as required by the law regulations (if any) such as the construction permit, the written record of the fire prevention and fighting acceptance test;
c) An organization or individual not prescribed at Point b of this Clause shall the following documents: the power source installation design drawing; copies of documents related to roofed structures as required by sector-specific law regulations, such as the decision on investment proposal of the project, the construction permit, the written record of the fire prevention and fighting acceptance test, the results of the acceptance test of the construction work, the environmental permit or registration.
2. Receiving authorities: Departments of Industry and Trade of municipalities and provinces.
3. Methods of dossier submission
The registration dossier shall be submitted by any of the following methods:
a) In person at the headquarters of the dossier-receiving agency. Copies of uncertified documents must be accompanied by the originals for comparison;
b) By post, enclosed with certified copies of the documents;
c) Via online public services in cases where the dossier is submitted via the e-portal of the dossier-receiving agency.
4. Quantity: 01 dossier.
Article 18. Process and procedures for issuance of a Development Registration Certificate
1. In cases where the dossier is incomplete or invalid against the regulations, within a time limit of 03 working days from the date of receiving the dossier, the provincial-level Department of Industry and Trade shall issue a notice and return the entire dossier to the organization or individual for him/her/it to supplement and resubmit the dossier in accordance with the regulations.
2. In cases where the dossier is complete and valid, the provincial-level Department of Industry and Trade shall receive and send the dossier to the provincial-level electricity entity to invite its comments on the possibility that the power source may cause overload to the transformer station, low-voltage grid, and distribution grid in the area where its development is registered. The electricity entity shall be responsible for checking and sending comments to the provincial-level Department of Industry and Trade within a maximum time limit of 03 working days.
3. Within a time limit of 10 days from the date of receiving a complete and valid dossier, the provincial-level Department of Industry and Trade shall be responsible for granting a Certificate of Development Registration made using Form No. 04 provided in the Appendix to this Decree. In cases where the eligibility requirements for a certificate to be issued are not met, the State Bank shall send a written notice clearly stating the reason.
4. In the course of handling dossiers, the provincial-level Department of Industry and Trade shall be responsible for establishing the precise time of receipt, specifying the day, hour, and minute, and proceeds with the dossiers in the order of submission.
Article 19. Amendment or supplementation of a Development Registration Certificate
1. The Development Registration Certificate shall be amended and supplemented when there are changes in the information regarding the owner of the facility, capacity scale, installation completion timeline, and the selection of methods to generate and sell surplus electricity from the self-production and self-consumption rooftop solar power source as recorded in the Certificate.
2. The dossier, the process and procedures for granting an adjusted or supplemented Development Registration Certificate shall comply with Article 16, Article 17 and Article 18 of this Decree.
3. In cases where the Development Registration Certificate is lost or damaged, the provincial-level Department of Industry and Trade shall issue a copy from the original register in accordance with the regulations to the organization or individual upon request.
Article 20. Revocation of a Development Registration Certificate
1. The provincial-level Departments of Industry and Trade shall consider and decide to revoke a Development Registration Certificate in the following cases:
a) The portion of power capacity, or the construction work where the power source is installed, is located on land subject to recovery or site clearance under a competent authority's decision;
b) The organization or individual has submitted a request to discontinue the development and operation of the registered power source;
c) The organization or individual forged documents in the registration dossier; or the registration certificate was granted ultra vires;
d) After 60 days from the date the Development Registration Certificate is granted, the organization or individual fails to install the registered power source;
dd) Other cases as required by the State regulatory authorities.
2. The Directors of the provincial-level Departments of Industry and Trade shall issue decisions to revoke the Development Registration Certificate in the cases prescribed in Clause 1 of this Article; other competent State authorities and individuals shall issue decisions to revoke the Development Registration Certificates in accordance with the law regulations on handling administrative violations.
Article 21. Construction and installation of power sources by households using detached houses
Households using detached houses implementing the construction and installation of self-production and self-consumption rooftop solar power sources must comply with the following regulations:
1. Organize the design and installation of power sources in accordance with the law regulations on construction, fire prevention and fighting, environmental protection and the capacity notified to the authorities and entities prescribed in Clause 2, Article 15 of this Decree.
2. Purchase equipment in accordance with this Decree as well as applicable standards and regulations.
3. In case of connection to the grid, a household shall request the local electricity entity to guide the installation and technical connection of electricity to ensure electrical safety during the operation. The electricity entity shall be responsible for providing guidance within a time limit of 05 working days from the date of receiving the household’s request.
Article 22. Investment in construction of power sources by organizations and individuals other than households using detached houses
Organizations and individuals shall invest in, construct and install self-production and self-consumption rooftop solar power sources in accordance with the following regulations:
1. Invest in the construction of power sources in accordance with the law regulations on construction, fire prevention and fighting, environmental protection and the capacity recorded in the Development Registration Certificate or the capacity notified to the authorities and entities prescribed in Clause 3, Article 15 of this Decree. In case of selling surplus electricity, in addition to the regulations of this Clause, organizations and individuals must comply with the law regulations on investment.
2. Purchase equipment in accordance with this Decree as well as applicable standards and regulations.
3. In case of connection to the grid, an organization or individual shall request the local electricity entity to guide the installation and technical connection of electricity to ensure electrical safety during the operation. The electricity entity shall be responsible for providing guidance within a time limit of 05 working days from the date of receiving the request of the organization or individual.
Article 23. Acceptance test of power source investment, construction and installation
1. A household shall:
a) Conduct installation acceptance test in accordance with the law regulations on construction;
b) Ensure electrical safety, construction safety, and fire prevention and fighting before putting the power source into operation and use.
2. An organization or individual other than a household using a detached house shall:
a) Conduct the investment and construction acceptance test in accordance with the law regulations on construction, electricity, fire prevention and fighting, and environmental protection before putting the power source into operation and use; ensure power quality in accordance with the regulations;
b) Carry out procedures to obtain electricity operation licenses unless such electricity operation licenses are not required in accordance with the regulations in case of selling surplus electricity to the national power system.
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 dispatching authority for a self-production and self-consumption rooftop solar power source connected to the power grid shall be conducted as follows:
a) For a power source with an installed capacity of less than 100 kW with surplus electricity sold to the grid of the surplus electricity purchaser, the electricity entity shall coordinate the acceptance test of the metering system and its connection to the remote metering data collection system of the surplus electricity purchaser;
b) For a power source with an installed capacity of 100 kW or more, the electricity entity shall coordinate the acceptance test of the on-site monitoring and control system and connect information with the collection, monitoring, and control system of the distribution dispatching authority; in case of selling surplus electricity output to the grid of the surplus electricity output purchaser, the electricity entity shall coordinate the acceptance test of the metering system and connect with the remote metering data collection system of the surplus electricity output purchaser;
c) For a power source connected to the grid of the surplus electricity purchaser, if the surplus electricity will not be sold, it is not necessary to install the metering system and conduct the acceptance test thereof;
d) Within 05 working days from the date of receiving the request of the organization or individual, the electricity entity shall be responsible for coordinating the acceptance test as prescribed at Point a and Point b of this Clause.
Article 24. Purchase and sale of surplus electricity
1. An organization or individual shall submit a dossier requesting to sell surplus electricity which comprises of:
a) A written request to sell electric power;
b) Copies of technical documents, certificate of origin (CO), certificate of quality (CQ) of solar panels, capacity of DC to AC converter (in kW), total capacity of solar panels (in kWp), and other constituent devices;
c) A copy of the Development Registration Certificate (if any);
d) Copies of relevant documents as required by sector-specific law regulations, including: the construction completion dossier as prescribed by the regulations on construction; the written approvals of the acceptance test from competent State authorities with respect to construction, environmental protection, and fire safety.
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 source into operation; the time limit for the surplus electricity purchaser to sign the agreement is 5 working days from the date of receiving the written request or the dossier requesting to sell electricity from the surplus electricity seller.
3. The surplus electricity purchaser and surplus electricity seller shall sign a power purchase agreement which contain the principal details in Form No. 05 provided in the Appendix to this Decree.
4. The term of the power purchase is 05 years from the date the self-production and self-consumption solar power source is tested and accepted in accordance with Article 23 of this Decree and the organization or individual selling surplus electricity provides a complete dossier as prescribed in Clause 1 of this Article. After this period, the renewal of the term or the signing of a new agreement shall comply with the law regulations.
Chapter IV
OFFSHORE WIND POWER DEVELOPMENT
Article 25. Preferential and support policies for offshore wind power development
1. An offshore wind power project shall be entitled to the mechanisms and policies prescribed in Clause 3, Article 26 of the Law on Electricity if it meets the following conditions:
a) Its investment proposal is decided or approved by a competent authority before January 1, 2031;
b) If the project supplies electricity to the national power system, its capacity must be at least 6,000 MW, which shall be approved by a competent authority in the power development master plan.
2. Projects prescribed in Clause 1 of this Article shall be entitled to the following preferential mechanisms:
a) Exemption from levies for using maritime areas during the capital construction period for a period of no more than 03 years from the date of construction commencement. 50% reduction in levies for using maritime area for a period of 12 years after the exemption period during the capital construction period;
b) Exemption from land use levies or land rentals during the capital construction period for a period of no more than 03 years from the date of construction commencement. After the exemption period during the capital construction period, the land use levies or land rentals shall be exempted or reduced in accordance with the law regulations on investment and land;
c) Minimum long-term contracted electricity of 80% within the loan principal repayment period for a period of no more than 15 years if the electricity generated by the project is sold to the national power system, unless otherwise agreed by the investor and the electricity purchaser. This incentive does not apply in cases where the project cannot generate the minimum committed output due to reasons from the project’s side or, due to load demand or technical conditions of the power system, all the output cannot be consumed;
d) After the deadline prescribed at Point a and Point c of this Clause, the preferential mechanisms shall apply in accordance with the law regulations then applicable.
3. Projects whose investment proposals are decided or approved by competent authorities after December 31, 2030 shall be entitled to preferential mechanisms and policies in accordance with the law regulations then applicable.
Article 26. Selection of surveying entities for offshore wind power projects
1. A surveying entity for any offshore wind power project prescribed at Point b, Clause 2, Article 27 of the Law on Electricity must meet the following conditions and have the following capacities:
a) It has a clear, suitable and feasible plan for conducting the survey for the development of the offshore wind power project. The capacity scale and maritime area proposed for the survey must be included in the approved power development master plan and plan to implement the power development master plan;
b) It commits to using human resources, goods and services of domestic suppliers to implement the project prescribed at Point a of this Clause on the principle of ensuring competitiveness in terms of pricing, quality, progress, and availability;
c) It undertakes not to request reimbursement of expenses under any circumstances;
d) It has financial capacity or cooperates with a capable organization to conduct investigation and survey in accordance with the project prescribed at Point a of this Clause;
dd) It obtains the written consent from the Ministry of National Defense, Ministry of Public Security, Ministry of Industry and Trade, and Ministry of Foreign Affairs. In cases where such consent cannot be obtained, the competent authority prescribed in Clause 2 of this Article shall coordinate with the ministry that does not consent as well as relevant authorities and organizations to decide on the selection of the surveying entity and the allocation of the maritime area for survey;
e) It commits to complying with Clause 1 and Clause 2, Article 26 of the Law on Electricity and the law regulations on environmental protection.
2. Based on the criteria prescribed in Clause 1 of this Article, the Ministry of Agriculture and Environment shall consider, select, and decide to allocate the maritime area to the offshore wind power project surveying entity in accordance with the law regulations on the sea, marine resources and environment, and islands.
Article 27. Implementation of surveys of offshore wind power projects
1. The offshore wind power project survey shall be conducted within the allocated maritime area as prescribed in Clause 2, Article 26 of this Decree and include the following surveys:
a) Wind energy survey, covering: wind direction, wind speed measurement height, wind speed, wind speed frequency distribution, wind power density;
b) Seabed topography and geology survey, covering: seabed topographic features, bathymetry (depth contours), seabed sediment layers, seabed geological sampling and analysis, preliminary assessment of seabed foundation conditions for wind turbine construction;
c) Oceanographic survey, covering: marine climate and weather characteristics, wave height, storm frequency, tsunami risk;
d) Marine ecosystem survey, covering: identification of representative marine flora and fauna in the subsurface and surface of the surveyed sea area, migration patterns of animal species;
dd) Survey of maritime traffic and inland waterway activities in the sea area;
e) Survey of potential impacts on submarine cables, oil and gas activities, existing oil and gas infrastructure, and active oil and gas blocks/fields;
g) Survey of other conditions potentially impacting the project.
2. Preparation and verification of a report on survey results which contains:
a) Information on the surveyed sea area; number of samples, locations, frequency, and duration of the survey; methodology, equipment, and survey vehicles used;
b) Results of the survey, analysis, and assessment of the contents specified in Clause 1 of this Article;
c) Raw data, information, samples, and primary datasets collected in the field;
d) The surveying entity shall be responsible for selecting a capable organization to verify the survey results.
3. Submission and use of the survey results:
a) Within 60 days from the date of completing the survey, the surveying entity shall submit 01 paper-based dossier and 01 electronic dossier (including: monitoring and measurement data, sample analysis results, excluding confidential documents as prescribed by the regulations, if any) to report detailed survey results to the Ministry of Industry and Trade and the Ministry of Agriculture and Environment for management and monitoring;
b) The results of the offshore wind power project survey shall be used as the basis for developing national power development plans and master plans. The surveying entity may use the survey results to develop projects of which it is the project owner or to form a joint venture or association to develop projects in accordance with the law regulations.
4. Enterprises, in which the State holds 100% of the charter capital, assigned by the Prime Minister to conduct the surveys prescribed at Point a, Clause 2, Article 27 of the Law on Electricity shall be responsible for developing economic-technical norms and unit prices for the surveys and submit them to competent authorities for approval and issuance. The Ministry of Agriculture and Environment shall assume the prime responsibility for and coordinate with the Ministry of Construction and relevant authorities in approving and issuing the economic-technical norms and unit prices for the surveys.
5. The survey area and utilization of the maritime area:
a) The maximum maritime area utilized for offshore wind power surveys shall be 20 hectares per 01 MW;
b) The maximum maritime area utilized for the implementation of an offshore wind power project shall be 05 hectares per 01 MW;
c) Based on the technological advancements in wind power development from time to time, the Ministry of Industry and Trade shall report to the Government on adjustments to the maritime area utilization limits prescribed at Point a and Point b of this Clause.
6. Accessing, referencing, utilizing, and sharing survey information and data:
a) Except for information and data classified as state secrets in accordance with the regulations, the surveying entity may share or provide data to organizations and individuals that are investors participating in the bidding to be selected as the project owners or to the selected project owners in accordance with the regulations;
b) The surveying entity may only act as prescribed at Point a of this Clause after obtaining the written consent from the Ministry of National Defense, the Ministry of Public Security, the Ministry of Foreign Affairs, the Ministry of Industry and Trade, and the Ministry of Natural Resources and Environment;
c) The surveying entity may not sell survey information and data, or survey results to other organizations or individuals;
d) The recipient of survey information and data from the surveying entity must provide a written commitment, be legally responsible, and shall only use the information for project development purposes;
dd) The surveying entity shall be responsible for drawing up a written record of handover of the information and data, including a confidentiality commitment with the recipient, and retaining it in accordance with the law regulations.
Article 28. Conditions for project owners of offshore wind power projects
1. A foreign investor or a foreign-invested economic institution as prescribed in Clause 1, Article 23 of the Law on Investment that invests in, or participates in the investment, and participates in the bidding to be selected as the project owner of an offshore wind power project must meet the following conditions:
a) He/she/it possesses experience in investing in the development of at least 01 offshore wind power project that has been commissioned and is operational in Vietnam or other countries worldwide, either through direct investment, capital contribution meeting the ratio specified at Point b of this Clause, or by undertaking one of the following activities: project management, design, or construction. In the case of a consortium of multiple investors, the experience requirement shall be calculated as the aggregate experience of the consortium members;
b) He/she/it possesses financial capacity, provided that his/her/its capital invested in the project accounts for at least 15% of the total estimated investment in the project, and the ratio of his/her/its equity to his/her/its capital invested in the project is at least 20%;
c) He/she/it shall engage a domestic enterprise possessing a total holding ratio of at least 5% of the charter capital or the total number of voting shares in the economic institution implementing the project. Such domestic enterprise may be a State-owned enterprise or an enterprise in which the State holds 100% or over 50% of the charter capital or the total number of voting shares;
d) He/she/it shall obtain written consent from the Ministry of National Defense, the Ministry of Public Security, and the Ministry of Foreign Affairs. In cases where an investor submits a dossier requesting approval of the investment proposal for an investment project, the competent authority appraising the request for approval of the investment proposal shall be responsible for obtaining this consent during the appraisal process. In other cases, the competent authority organizing the investor selection shall be responsible for obtaining this consent before carrying out the investor selection procedures;
dd) He/she/it commits to using human resources, goods and services of domestic suppliers during the investment, construction, and operation phases of the project on the principle of ensuring competitiveness in terms of pricing, quality, progress, and availability.
2. A domestic investor, which can be an individual with Vietnamese nationality or an economic institution established and operating under Vietnamese law (unless it is an economic institution prescribed in Clause 1 of this Article), that invests in, participates in the investment, or participates in the bidding to be selected as the project owner of an offshore wind power project must meet the following conditions:
a) He/she/it possesses financial capacity, provided that his/her/its capital invested in the project accounts for at least 5% of the total estimated investment in the project, and the ratio of his/her/its equity to his/her/its capital invested in the project is at least 20%;
b) He/she/it possesses experience in investing in the development of at least 01 energy project that has been commissioned and is operational in Vietnam or other countries worldwide, either through direct investment, capital contribution meeting the ratio specified at Point a of this Clause, or by undertaking one of the following activities: project management, design, or construction. In the case of a consortium of multiple investors, the experience requirement shall be calculated as the aggregate experience of the consortium members.
Article 29. Selection of project owners for offshore wind power projects
1. For an offshore wind power project selling electricity to the national power grid, unless it is project for which the Prime Minister approves the investment proposal and simultaneously approves the project owner as prescribed in Article 30 of this Decree, the project owner of the commercial electricity investment project shall be selected in accordance with the law regulations on investment, bidding, and electricity, as well as the following regulations:
a) The ceiling electricity price in the bidding document shall not exceed the maximum price of the electricity generation price bracket for the type of offshore wind power, issued by the Minister of Industry and Trade in the bidding year; the bid-winning electricity price shall be the maximum electricity price for the power purchaser to negotiate with the winning investor;
b) Vietnam Electricity shall be responsible for purchasing the electricity as requested by the competent authority or the authority deciding to organize the bidding.
2. The negotiation and conclusion of a power purchase agreement with the winning investor for a project as prescribed in Clause 1 of this Article shall be implemented as follows:
a) Within a time limit of 24 months from the date of signing the commercial investment project agreement, the winning investor must approve the feasibility study report for the project on investment and construction of the power project;
b) Within a time limit of 30 months from the date of signing the commercial investment project agreement, the power purchaser and the investor shall have the responsibility and obligation to negotiate and agree on the price of the power purchase agreement for both parties to conclude the power purchase agreement. This is to ensure the project implementation schedule is in accordance with the power development master plan and to guarantee the security of electricity supply.
3. For an offshore wind power project generating electricity for export without connecting to the national power grid, the project owner shall be selected in accordance with the law regulations on investment, bidding, and electricity, as well as the following regulations:
a) A domestic investor as prescribed in Clause 2, Article 28 of this Decree must wholly implement the project or contribute capital to the economic institution implementing the project with a holding ratio of the charter capital of more than 50%;
b) The electricity export price shall not be lower than the maximum price of the electricity generation price bracket for the type of offshore wind power issued by the Minister of Industry and Trade in the bidding year;
c) The commercial investment project agreement shall be concluded in accordance with the law regulations on bidding, and the signing of the power purchase agreement shall be subject to the parties’ mutual agreement, provided that it does not contravene Vietnamese law.
4. The bidding document for the bidding to select the project owner of an offshore wind power project shall include documents as prescribed in the law regulations on bidding and electricity, and the following documents and details:
a) The information about the power purchaser;
b) The pre-feasibility study report of the project;
c) The draft power purchase agreement proposed by the power purchaser and agreed upon with the authority deciding to organize the bidding, or the dossier electricity purchase and sale with a foreign country if it is an offshore wind power project generating electricity for export;
d) The preferential mechanisms and policies prescribed in Clause 2, Article 25 of this Decree;
dd) Requirements for documents proving the investor’s ability to meet the conditions as prescribed by the law regulations;
e) Requirements on localization rate for important equipment, consulting services, and auxiliary services to maintain continuous power supply and ensure national energy security in accordance with the law regulations on electricity.
5. The State budget covers the expenses of preparing the pre-feasibility study reports conducted by the State authority. The winning investor shall be responsible for reimbursing these expenses to the State authority that prepared the pre-feasibility study report.
6. The Ministry of Industry and Trade shall act as the authority that decides to organize the bidding to select the project owners for offshore wind power projects. The Ministry of National Defense, Ministry of Public Security, Ministry of Foreign Affairs, Ministry of Finance, and Ministry of Agriculture and Environment shall be responsible for sending representatives to participate in and coordinating the selection of project owners for offshore wind power projects.
Article 30. Cases where the Prime Minister approves the investment policies and simultaneously approves the project owners as prescribed at Point a, Clause 1, Article 28 of the Law on Electricity
1. The Prime Minister shall approve the investment proposals and simultaneously approves the project owner of an offshore wind power project in the following cases:
a) An enterprise in which the State holds 100% of the charter capital proposes an offshore wind power project for its own implementation;
b) An enterprise in which the State holds 100% of the charter capital proposes an offshore wind power project for implementation by a single-member limited liability company under such enterprise.
2. In cases where it is necessary to meet conditions regarding capital and experience, the enterprises as prescribed at Point a, Point b, Clause 1 of this Article may enter into a joint venture or association with other investors to implement the first offshore wind power project, but must ensure a holding ratio of charter capital or the total number of voting shares in the economic institution implementing the project of more than 50%.
Article 31. Management of offshore wind power projects and structures
1. Management of offshore wind power projects and structures shall aim to ensure stable, safe, and efficient operation in accordance with the approved design, in conjunction with ensuring national defense and security.
2. Offshore wind power projects and structures shall be managed in accordance with the law regulations on construction and the following regulations:
a) The Ministry of Industry and Trade shall manage the investment schedule, safe operation of the power system, electrical safety of offshore wind power projects, and the implementation of commitments by foreign investors as prescribed at Point dd, Clause 1, Article 28 of this Decree;
b) The Ministry of National Defense, the Ministry of Public Security, and the Ministry of Foreign Affairs shall manage the activities of offshore wind power projects related to ensuring national defense, security, and territorial sovereignty;
c) The Ministry of Natural Resources and Environment shall manage activities related to environmental protection and the exploitation of marine resources of offshore wind power projects, as well as relevant fishing activities that impact offshore wind power projects;
d) The Ministry of Transport shall manage maritime activities relating to or impacting offshore wind power projects;
dd) The provincial-level People's Committees of coastal provinces with onshore structures belonging to offshore wind power projects, and relevant organizations and individuals, shall be responsible for coordinating with the State regulatory authorities to manage offshore wind power projects and structures as prescribed in this Clause.
3. The management of offshore wind power projects and structures must comply with the following principles:
a) Ensuring national defense and national security;
b) Ensuring national sovereignty, sovereign rights, national jurisdiction over the sea, and the legitimate interests of the owners of offshore wind power projects and structures;
c) Ensuring the security of electricity supply with respect to projects selling electricity to the national power grid;
d) Ensuring stable and continuous operation of projects and structures;
dd) Ensuring the safety protection corridor of wind power structures and the compliance with regulations on the protection of wind power structures; ensuring maritime safety, waterway transport safety, and the safety of other structures at sea.
4. The State regulatory authority prescribed in Clause 2 of this Article shall assume the prime responsibility for and coordinate with relevant parties in addressing issues arising in the sector under their management during the construction and operation of offshore wind power projects and structures. While addressing these issues, if any of them arise beyond their competence, the presiding authorities or organizations shall be responsible for seeking opinions from relevant parties and reporting to superior competent authorities for decision.
5. Investors and project owners of offshore wind power projects shall share information on the use of sea areas, existing infrastructure, and offshore wind power structures with other parties based on contracts or agreements between the parties, provided that it does not affect power generation activities and is consistent with Vietnamese law and international practices.
Article 32. Transfer of offshore wind power projects as well as shares and capital contributions in such projects
1. Offshore wind power projects as well as shares and capital contributions in such projects shall be transferred in compliance with Clause 1, Article 26 of the Law on Electricity.
2. The transfer and sale of shares, contributed capital, and the partial or entire transfer of projects must comply with the regulations of the Law on Investment, the Law on Enterprises, the Law on the Sea of Vietnam, and relevant law regulations.
3. If the transfer prescribed in Clause 1 and Clause 2 of this Article involves a foreign investor or a foreign-invested economic institution as prescribed in Clause 1, Article 23 of the Law on Investment, written consent from the Ministry of National Defense, the Ministry of Public Security, the Ministry of Foreign Affairs, and the Ministry of Industry and Trade shall be required, along with the following requirements:
a) In cases where the project has not yet been put into operation, the investor that is the transferee must meet the conditions prescribed in Clause 1, Article 28 of this Decree;
b) Unless otherwise prescribed at Point a of this Clause, the investor that is the transferee must meet the conditions prescribed at Point c and Point dd, Clause 1, Article 28 of this Decree, and must ensure that the ratio of his/her/its equity to his/her/its capital invested in the project is at least 20%;
c) An investor that is an enterprise in which the State holds 100% of the charter capital or a member of such an enterprise shall have the priority right to first purchase part or all of the participating interests in the cooperation agreement signed for the development of the offshore wind power project that the investor intends to transfer, and the transfer shall only be permitted if the Vietnamese investor refuses to receive the transfer.
Chapter V
ORGANIZATION OF IMPLEMENTATION
Article 33. Ministries and sectoral authorities shall:
1. The Ministry of Industry and Trade shall assume the prime responsibility for and coordinate with relevant authorities and organizations in:
a) Guiding and monitoring the implementation of this Decree by individuals and organizations;
b) Periodically reviewing and evaluating the implementation of this Decree and report the results to the Government for consideration and amendment as appropriate for practical circumstances;
c) Directing the power system and electricity market operator to announce the average market electricity price of the preceding year in January every year as a basis for selling and purchasing surplus electricity from self-production and self-consumption power sources.
2. Ministries and ministerial-level authorities, within the scope of their tasks and powers, shall perform the State-level governance of the development of renewable energy and new energy.
Article 34. Provincial-level People’s Committees shall:
1. Organize the implementation, inspection and supervision of the enforcement of this Decree in their respective localities.
2. Assign the respective provincial-level Departments of Industry and Trade to assume the prime responsibility for and coordinate with relevant authorities and entities in inspecting the compliance with the 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 sources; handle violations within their competence in accordance with the law regulations; summarize and report information on the development of self-production and self-consumption power sources not connected to the national power system as prescribed at Point a, Clause 1, Article 12 of this Decree.
3. Assign the respective provincial-level Departments of Industry and Trade to coordinate with local electricity entities 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 in accordance with the power development master plan and the plan to implement the power development master plan;
b) The total capacity for which Development Registration Certificates are granted immediately after it is changed;
c) Total capacity not yet developed;
d) Development Registration Certificates granted to organizations and individuals on the e-portals of the provincial-level Departments of Industry and Trade;
dd) Reports to the Ministry of Industry and Trade on the development of self-production and self-consumption rooftop solar power in the respective localities of the preceding year using Form No. 06 provided in the Appendix to this Decree before January 15 every year.
Article 35. The Vietnam Electricity shall:
1. Comply with the requirements of local State regulatory authorities in summarizing and compiling statistics, and reporting on the development of self-production and self-consumption power sources in accordance with the approved plan to implement the national power development master plan.
2. Coordinate with State regulatory authorities in inspecting and recommending solutions to the development of self-production and self-consumption power sources in violation of the law regulations which affect the operation of the national power system.
3. Organize the assessment of self-production and self-consumption power sources in case of generating surplus electricity into the national power system to ensure safe operation of the electricity grid under its management.
4. Organize the monitoring of self-production and self-consumption power sources connected to the national power system, ensuring absolute safety in operation for the electricity grid under its management. Be responsible 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 sources connected to the national power system.
5. Be responsible for managing, monitoring, guiding and post-inspecting provincial-level electricity entities in developing self-production and self-consumption power sources for entities that sell surplus electricity output.
6. Guide its members to purchase surplus electricity output in accordance with this Decree.
7. Before December 15 every year, announce the PVout factors prescribed in Clause 2, Article 14 of this Decree for the calculation of electricity output at the terminals of rooftop solar power sources for the following year.
Article 36. Power companies and Power Corporations shall:
1. Develop renewable energy and new energy in accordance with this Decree and relevant law regulations.
2. Develop self-production and self-consumption rooftop solar power sources as follows:
a) Complying with the requests from local State regulatory authorities regarding the compilation, statistics, and reporting on the development of power sources within their management scope;
b) Coordinate with State regulatory authorities in inspecting and recommending solutions to the development of power sources in violation of the law regulations which affect the operation of the national power system;
c) Monitoring power sources connected to the national power system, ensuring absolute safety in operation for the electricity grid under their management. Being responsible for monitoring the operation of electronic meters and the system connecting to the remote data collection system of self-production and self-consumption rooftop solar power sources connected to the national power system. In case of any abnormalities in electricity usage by consumers, the provincial-level Department of Industry and Trade must be notified for inspection and handling in accordance with the regulations;
d) Organizing the assessment of power sources in case of generating surplus electricity output into the national power system to ensure safe operation of the electricity grid under its management;
dd) Supporting and advising organizations and individuals to conduct initial inspections during connection, installation and operation of power sources connected to the national power system;
e) Developing plans and solutions to monitor and control 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;
g) Monitoring, guiding and post-inspecting organizations and individuals developing power sources that sell surplus electricity within the respective power grids under their management.
3. Have the right to refuse to purchase surplus electricity from households developing self-production and self-consumption rooftop power sources with the capacity of less than 100 kW in cases where the purchase of electricity causes overload of the low-voltage and medium-voltage grids in the area.
Article 37. Organizations and individuals developing power sources shall have the responsibility and be obliged to:
1. Develop renewable energy and new energy in accordance with this Decree and relevant law regulations.
2. Develop self-production and self-consumption rooftop solar power sources as follows:
a) Complying with this Decree, coordinating with the electricity entities 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 the power sources;
b) Complying with the dispatch orders of the power system dispatching authorities prescribed in Clause 5, Article 10 of this Decree; complying with standards, regulations, and law regulations on electricity quality, and information sharing connections in accordance with the law regulations on electricity;
c) Organizations and individuals installing power sources and selling surplus electricity to the grids of the purchasers shall be responsible for investing in, installing, and setting up meters and remote data transmission devices at the points of delivery and connecting them to the remote data collection system of the electricity entities, unless otherwise agreed with the electricity entities;
d) For power sources connected to the grid with a capacity of 100 kW or more, it is necessary to equip devices and means to connect to the distribution dispatching authority's control and monitoring system, ensuring safe and stable operation of the equipment, and being responsible for information security and safety in accordance with the law regulations;
dd) Collecting, decommissioning and being responsible for disposing of all materials, equipment and waste generated during the construction, operation or at the end of the operation of the power sources in accordance with the law regulations on environmental protection;
e) Being responsible for investing in, installing, and operating the power sources to ensure compliance with the law regulations on electricity, investment, construction, and taxation; regulations on electrical safety, fire safety and explosion prevention in construction, environmental protection, operational safety in power generation and electricity use; technical regulations, law regulations on power quality and the quality of power source products and equipment in accordance with technical standards; regulations on electricity trading, contracts, and other relevant law regulations;
g) Being obliged to coordinate with the provincial-level Departments of Industry and Trade and the electricity entities in complying with the capacity scale allocated in the respective localities under the power development master plan and the plan to implement the power development master plan when developing the power sources;
h) Ensuring electrical safety, environmental protection, and fire prevention and fighting in accordance with the law regulations when installing electricity storage systems.
Article 38. Managing entities and project owners of industrial parks, industrial clusters, export processing zones, hi-tech zones, or economic zones shall:
1. Develop renewable energy and new energy in accordance with this Decree and relevant law regulations.
2. Develop self-production and self-consumption rooftop solar power sources as follows:
a) Do not obstruct, and create favorable conditions for organizations and individuals to develop self-production and self-consumption rooftop solar power in accordance with the law regulations;
b) Coordinate with the electricity entities to evaluate the self-production and self-consumption rooftop solar power sources that generate surplus electricity into the national power system to ensure safe operation of the power system;
c) Monitor and inspect the development of self-production and self-consumption rooftop solar power in the localities under their management in accordance with the law regulations;
d) Support and advise organizations and individuals to conduct initial inspections during connection, installation and operation of self-production and self-consumption rooftop solar power sources connected to the national power system;
dd) Be responsible for managing, monitoring, guiding and post-inspecting organizations and individuals in developing self-production and self-consumption rooftop solar power in accordance with this Decree under their management.
3. Organizations and individuals who purchase and sell electricity wholesale and retail shall be responsible for recording the surplus electricity generated from self-production and self-consumption renewable energy sources to the grid under their management and paying taxes on the sold output after deducting losses on the grid.
Article 39. Transitional provisions
1. Organizations and individuals who own rooftop solar power sources before January 1, 2021 and are purchasing and selling electricity with electricity entities are not allowed to develop additional power sources to increase the contracted capacity.
2. For rooftop solar power sources developed in the period from January 1, 2021 to the effective date of this Decree, for which the procedures prescribed in the Government’s Decree No. 135/2024/ND-CP dated October 22, 2024 prescribing mechanisms and policies to encourage the development of self-production and self-consumption rooftop solar power have not yet completed, this Decree shall prevail.
3. Dossiers of registration for development of self-production and self-consumption rooftop solar power sources with requests to sell surplus electricity, which have been received before the effective date of this Decree, shall continue to be processed in accordance with Decree No. 135/2024/ND-CP.
4. Organizations and individuals that have been assigned maritime areas by competent authorities to conduct offshore wind power development surveys before the effective date of this Decree shall continue to conduct the surveys in accordance with the respective decisions on assignment of maritime areas by competent State authorities.
Article 40. Implementation provisions
1. This Decree takes effect from the date of signing for promulgation.
2. The Government’s Decree No. 135/2024/ND-CP dated October 22, 2024 prescribing mechanisms and policies to encourage the development of self-production and self-consumption rooftop solar power ceases to be effective from the effective date of this Decree.
3. In cases where the legal documents incorporated by reference in this Decree are amended, supplemented, or superseded by the new legal documents, the new ones shall prevail.
4. Organizations and individuals are requested to report any difficulties or obstacles encountered during implementation to the Ministry of Industry and Trade for consideration and submission to the Government for appropriate amendments and supplements.
| ON BEHALF OF THE GOVERNMENT FOR THE PRIME MINISTER
Bui Thanh Son |
Decree 58/2025/NĐ-CP PDF (Original)
Decree 58/2025/NĐ-CP DOC (Word)
