Decree 100/2025/ND-CP amend Decree 56/2025/ND-CP detailing Electricity Law on electricity development master plan, investment in construction of electricity projects

DECREE

Amending and supplementing the Government’s Decree No. 56/2025/ND-CP dated March 03, 2025, detailing a number of articles of the Electricity Law on electricity development master plan, electricity supply network development plan, investment in construction of electricity projects and bidding for selection of investors for electricity business investment projects

Pursuant to the Law on Organization of the Government dated February 18, 2025;

Pursuant to the Electricity Law dated November 30, 2024;

At the proposal of the Minister of Industry and Trade;

The Government hereby promulgates the Decree amending and supplementing the Government’s Decree No. 56/2025/ND-CP dated March 03, 2025, detailing a number of articles of the Electricity Law on electricity development master plan, electricity supply network development plan, investment in construction of electricity projects and bidding for selection of investors for electricity business investment projects.

Article 1. Amending and supplementing a number of provisions of Article 15 of Decree No. 56/2025/ND-CP

1. To amend and supplement title of Article 15 as follows:

“Article 15. Mechanism for ensuring the offtake of domestically exploited natural gas sources; principles for transferring fuel prices to electricity prices and minimum long-term contracted electricity output for gas-fired power projects”

2. To amend and supplement Clause 3 and Clause 4 as follows:

“3. Mechanism for the development of gas-fired power projects using domestically exploited natural gas

a) Gas-fired power projects using domestically exploited natural gas shall be operated and dispatched at the maximum level according to gas supply capacity, in accordance with fuel, capacity, and available electricity output constraints of the gas-fired power project, as well as the demand and technical constraints of the national power system;

b) The provisions under Point a of this Clause shall apply to gas-fired power projects for which a competent state agency has issued a written notice approving the acceptance of project completion by the project owner and commenced electricity generation using domestically exploited natural gas prior to January 01, 2036. The mechanism prescribed at Point a of this Clause shall continue to be applied until the gas-fired power plant no longer uses domestically exploited natural gas for electricity generation;

c) In case the supply capacity of domestically exploited natural gas fails to meet the electricity generation demand of the gas-fired power plant project, the electricity seller and the electricity buyer shall agree upon and reach consensus on the fuel utilization plan and electricity price in the power purchase agreement in accordance with current regulations.

4. Mechanism for the development of gas-fired power projects using imported LNG:

The minimum long-term contracted electricity output of gas-fired power projects using imported LNG shall be agreed upon and determined by the electricity seller and the electricity buyer in the power purchase agreement, in accordance with the following principles:

a) The minimum long-term contracted electricity output shall not be lower than 65% of the average annual electricity generation of the gas-fired power project. This minimum long-term contracted electricity output shall apply during the debt principal and interest repayment period, but shall not exceed 10 years from the date the project commences commercial operation;

b) Upon expiry of the minimum long-term contracted electricity output period, the contracted electricity output or the proportion of electricity to be paid at the contractual price for the remaining years shall be agreed upon and determined by the electricity seller and the electricity buyer during the negotiation and conclusion of the power purchase agreement in accordance with relevant regulations;

c) The average annual electricity generation shall be determined in accordance with the Regulation on the method for determining electricity generation service prices, the principles for calculating electricity prices applicable to power projects, and the principal contents of power purchase agreements as promulgated by the Minister of Industry and Trade, and as provided in the power purchase agreement;

d) The provisions under Points a, b, and c of this Clause shall apply to gas-fired power projects using imported LNG for which a competent state agency has issued a written notice approving the acceptance of project completion by the project owner and commenced electricity generation using imported LNG prior to January 01, 2031.”

3. To amend Point a, Clause 5 as follows:

“a) Negotiating and agreeing on the specific terms of the power purchase agreement in compliance with this Article and other relevant laws;”

4. To amend Point a, Clause 6 as follows:

“a) Developing the plan to operate the power system and administer the competitive electricity market transactions in compliance with this Article and the law on operating competitive electricity markets at all levels and operating and regulating the power system issued by the Minister of Industry and Trade;”

Article 2. Effect

This Decree takes effect from the date of its signing for promulgation.