Consolidated text No. 07/VBHN-BCT dated March 06 , 2020 of the Ministry of Industry and Trade, providing the development of wind power projects and the model power purchase agreement applicable to wind power projects

CIRCULAR

Providing the development of wind power projects and the model power purchase agreement applicable to wind power projects

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Circular No. 02/2019/TT-BCT dated January 15, 2019 of the Minister of Industry and Trade on providing the development of wind power projects and the model power purchase agreement applicable to wind power projects, which takes effect on February 28, 2019, is amended and supplemented by:

Circular No. 42/2019/TT-BCT dated February 18, 2019 of the Minister of Industry and Trade on amending and supplementing a number of provisions on the periodic reporting regime in Circulars issued or jointly issued by the Minister of Industry and Trade, which takes effect on February 05, 2020.

Pursuant to Electricity Law No. 28/2004/QH11 dated December 03, 2004; and the Law on amending and supplementing a number of Articles of the Electricity Law dated November 20, 2012;

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

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

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

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

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

2. This Circular applies to:

a) Owners of wind power projects;

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

c) Electricity buyers;

d) Other related organizations and individuals.

Article 2. Term interpretation

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

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

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

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

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