Decree 56/2025/ND-CP detailing the Electricity Law on electricity development master plan

DECREE

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

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

Pursuant to the Law on Organization of Local Administration dated February 19, 2025;

Pursuant to the Electricity Law dated November 30, 2024;

Pursuant to the Law on Bidding dated June 23, 2023;

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Law on Information Technology dated August 02, 2023;

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

Pursuant to the Law on Access to Information dated April 6, 2016;

Pursuant to the Law on Cyberinformation Security dated November 19, 2015;

Pursuant to the Law on Cyber Security dated June 12, 2018;

Pursuant to the Law on Planning dated November 24, 2017, amended and supplemented by the Law on Medical Examination and Treatment dated January 9, 2023; the Law on Price dated June 19, 2023; the Law on Water Resources dated November 27, 2023; the Land Law dated January 18, 2024; the Law on Roads dated June 27, 2024; the Law on National Defense Industry, Security Industry and Industrial Mobilization dated June 27, 2024; the Law Amending and Supplementing a Number of Articles of the Land Law, the Law on Housing, the Law on Real Estate Business and the Law on Credit Institutions dated June 29, 2024; the Law Amending and Supplementing a Number of Articles of the Law on Planning, the Law on Investment, the Law on Investment in the Form of Public-Private Partnership and the Law on Bidding dated November 29, 2024;

At the proposal of the Minister of Industry and Trade;

The Government promulgates a Decree 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.

Chapter 1
GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details and guides the implementation of Clause 3 Article 8, Clause 6 Article 10, Clause 1 Article 12, Clause 2 Article 12, Clause 4 Article 12, Clause 4 Article 13, Clause 2 Article 14, Clause 5 Article 17, Clause 1 Article 19, Clause 3 Article 19, Clause 1 Article 81 of the Electricity Law.

Article 2. Subjects of application

This Decree applies to agencies, organizations and individuals participating in or related to electricity development master plan and investment.

Article 3. Interpretation of terms

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

1. Electricity buyer means Vietnam Electricity (or its representative unit according to the hierarchy and authorization), Northern Power Corporation, Central Power Corporation, Southern Power Corporation, Hanoi Power Corporation, Ho Chi Minh City Power Corporation, big electricity consumers, and other electricity wholesaling units according to the regulations of the electricity market.

2. Electricity-generating unit/electricity seller means an organization or individual that owns one or more power plants under Vietnamese law.

3. Gas-fired power plant projects mean the projects on investment in gas-fired thermal power plants using domestically exploited natural gas or liquefied natural gas as fuel.

4. Coal-fired power plant projects mean the projects on investment in thermal power plants using domestically mined coal, imported coal or a blend of domestically mined coal and imported coal as main fuel.

5. Party inviting the expression of interest means an agency or unit under the Ministry of Industry and Trade; specialized agency, agency or unit under the People's Committee of a province or centrally-run city (hereinafter referred to as provincial-level one), agency or unit of the Economic Zone Management Board (for projects implemented in economic zones); the district-level People's Committee that is assigned to carry out the procedure for inviting the expression of interest.

6. Competent agency as prescribed by law on bidding means an agency approving the investment policy in accordance with the investment law, or an agency deciding on organization of bidding for investor selection. For project of which the investment policy is approved by the National Assembly or the Prime Minister, the competent agency as prescribed by law on bidding is the agency deciding on organization of bidding for investor selection.

7. Agencies deciding on organization of bidding for investor selection to implement electricity business investment projects include the Ministry of Industry and Trade, the provincial-level People's Committee, and the Economic Zone Management Board.

8. Liquefied natural gas (LNG) means a liquid hydrocarbon product derived from natural gas, with the main composition of methane (chemical formula: CH4).

9. Regasification means the process of converting LNG from a liquid state to a gaseous state.

Chapter II

ELECTRICITY DEVELOPMENT MASTER PLAN AND ELECTRICITY SUPPLY NETWORK DEVELOPMENT PLAN

Article 4. Scale of electricity source capacity, electricity grid voltage level in electricity development master plan and electricity supply network development plan in provincial-level master plan

1. The scale of electricity source capacity and electricity grid voltage level in the electricity development master plan is determined as follows:

a) Total installed capacity of electricity sources of the national electric system according to the structure of each type of electricity source, including electricity storage systems but not including electricity storage systems combined with renewable energy electricity sources; total installed capacity according to the structure of each type of electricity source of each locality;

b) Electricity sources with installed capacity of 50 MW or higher and the electricity grid synchronously connecting this electricity source;

c) Electricity sources with installed capacity of less than 50 MW and the electricity grid synchronously connecting this electricity source from voltage level of 220 kV or higher;

d) Electricity grid with voltage level of 220 kV or higher.

2. The scale of electricity source capacity and electricity grid voltage level in the electricity supply network development plan in the provincial-level master plan is determined as follows:

a) Electricity sources with installed capacity of less than 50 MW and the electricity grid synchronously connecting this electricity source from voltage level of 110 kV or lower;

b) Electricity grid with voltage level of 110 kV;

c) Total estimated scale of medium-voltage electricity grid;

d) Scale of electricity sources and electricity grids in the province determined in the electricity development master plan.

Article 5. Cases where electricity sources and electricity grids are not included in the electricity development master plan or electricity supply network development plan in the provincial-level master plan

1. Electricity sources not affecting the national electric system include:

a) Electricity sources in mountainous, border and island areas not yet connected or linked to the national electric system;

b) Self-production and self-consumption electricity from renewable energy sources and new energy sources not connected to the national electric system.

2. Electricity sources with small impact on the national electric system include:

a) Electricity source connected to the national electric system and equipped with anti-backflow equipment system to the national electric system;

b) Self-production and self-consumption electricity from renewable energy sources and new energy sources connected to the electricity grid at low-voltage level;

c) Self-production and self-consumption electricity from renewable energy sources and new energy sources of households using individual houses, state agency headquarters and public works;

d) Electricity source using excess heat from the product production line for self-use needs with or without connection to the national electricity grid and without selling electricity to the electric system.

3. Electricity sources not connected to or sold to the national electric system, except in cases of electricity export and import.

4. Low-voltage electricity grid.

5. Renovation and upgrading of electricity projects that neither increase the scale of capacity or voltage level nor create new land-use demands include:

a) Renovation and upgrading of power plants and transformer stations that neither increase the scale of capacity or voltage level nor create new land-use demands outside the scope of the plants and existing works;

b) Renovation, upgrading, and undergrounding of the electricity grid that neither increase voltage levels nor create new land-use demands;

c) Relocation of electricity grid works to carry out compensation and site clearance for investment projects other than the electricity sector at the request of competent state agencies for socio-economic development without changing voltage levels or capacity scale.

Chapter III

DIGITAL TRANSFORMATION, MANAGEMENT OF INFORMATION AND DATA SYSTEMS IN THE ELECTRICITY SECTOR

Article 6. Digital transformation, information and data systems in the electricity sector

1. Digital transformation, information and data systems in the electricity sector include information technology infrastructure, application software, and databases suitable for digital technology platforms built and integrated into the energy information system to serve state management of electricity development direction and operation activities to serve socio-economic development; ensure energy security; deploy solutions, mechanisms, and policies on effective electricity development; and requirements for digital transformation in the electricity sector.

2. Information technology infrastructure is a system of equipment serving the production, transmission, collection, processing, storage and exchange of digital information, including the Internet, computer networks, computing devices (servers, workstations), network connection devices, security devices, peripheral devices and auxiliary devices.

3. The application software complies with technical standards on information technology application in state agencies, meets the requirements of state management and direction on electricity development and levels of information sharing and information security; encourages the deployment of new technologies including artificial intelligence, big data, blockchain, cloud computing, and 5G technology.

4. Database of information and data systems in the electricity sector includes:

a) Technical specifications of infrastructure of power plants, transmission lines and transformer stations;

b) Information and data on electricity production and business;

c) Information and data on primary energy supply for electricity production;

d) Information and data on energy production and conversion for electricity production;

dd) Information on average electricity price by period, average energy price by period for electricity production;

e) Other information according to energy statistical indicators under the Ministry of Industry and Trade’s responsibility for publication.

Article 7. State policies on digital transformation, information and data systems in the electricity sector

1. The State ensures necessary resources for digital transformation, information and data systems in the electricity sector, specifically:

a) Arrange investment funding to build infrastructure and upgrade information systems to meet the requirements of management, connection, data sharing in the electricity sector and information security sector;

b) Arrange funding according to the estimates for management, operation, upgrading and maintenance of information systems, databases and conduct surveys, collect and update electricity databases balanced from the annual regular state budget expenditure according to the budget decentralization (funding for performing irregular tasks, not implementing the autonomous regime) of state agencies;

c) Improve professional capacity, propaganda skills, skills in using technical equipment, technology, and digital transformation skills for participants in implementation and operation.

2. The State ensures human resources for data operation, connection and sharing, as follows:

a) Human resources for data connection and sharing utilized from on-site human resources currently managing and operating information systems; hiring of information technology services and other resources in accordance with the law;

b) State agencies providing and using data are responsible for ensuring human resource conditions for management, connection and sharing.

3. Enterprises in which the State holds 100% of the charter capital or enterprises in which this enterprise holds 100% of the charter capital under ministries and ministerial-level agencies as representatives of owners with related business lines shall self-arrange funding according to Points a, b and c Clause 1 of this Article to operate and connect to the electricity sector information and data system of the Ministry of Industry and Trade.

4. Organizations and individuals with related business lines shall arrange their own funding according to Points a, b and c Clause 1 of this Article to operate and connect the provincial-level electricity information and data system and enjoy policies in accordance with the law.

Article 8. Organization of the implementation and management of digital transformation, information and data systems in the electricity sector

1. The Ministry of Industry and Trade shall build infrastructure and operate the central-level electricity information and data systems; perform data management, sharing management, and exploitation of electricity data; organize investigations, collect, synthesize, and update electricity information data; guide relevant agencies and organizations to provide data and data catalogs for the state agencies to exploit and use; manage the use and provision of data according to the level of data sharing.

2. The Ministry of Finance shall perform within the scope of assigned tasks and responsibilities and balance and arrange funding to carry out digital transformation, information and data systems in the electricity sector according to Clause 1 Article 7 of this Decree.

3. Ministries, ministerial-level agencies, and government-attached agencies shall implement and direct specialized units to organize the investigation and collection of electricity databases of the sector and carry out digital transformation in the electricity sector under their management and send them to the Ministry of Industry and Trade periodically and annually for synthesis; ensuring data connection and sharing.

4. Provincial-level People's Committees shall submit to the provincial-level People's Councils the allocation of funding sources to ensure funding according to Clause 1 Article 7 of this Decree; direct the provincial-level Departments of Industry and Trade to build infrastructure and operate the provincial-level electricity information and data systems in accordance with local electricity development and connect to the electricity information and data system of the Ministry of Industry and Trade; and send periodic and annual reports to the Ministry of Industry and Trade for synthesis.

5. Enterprises in which the State holds 100% of the charter capital or enterprises in which this enterprise holds 100% of the charter capital under ministries and ministerial-level agencies as representatives of the owners with related business lines shall periodically and annually report to the Ministry of Industry and Trade; the organizations and individuals with related business lines shall periodically and annually report to the provincial-level Department of Industry and Trade.

Chapter IV
INVESTMENT IN CONSTRUCTION OF ELECTRICITY PROJECTS

Article 9. General provisions

1. Investment in construction of electricity projects is carried out in accordance with the law on planning, investment, construction, environmental protection, electricity and other relevant legal provisions.

2. The development of liquefied natural gas import port infrastructure according to the model of a central LNG port, large capacity scale and pipeline system supplying recycled LNG from the central LNG port to thermal power plants to optimize shared infrastructure shall be prioritized.

Article 10. Implementation milestones for the objectives of each phase of the electricity source construction investment project

1. The implementation milestones for the objectives of each phase of the electricity source construction investment project as prescribed in Clause 1 Article 12 of the Electricity Law include the milestones prescribed by the law on investment and the following milestones:

a) Decision on project investment;

b) Commencement of main project works;

c) Putting the project into operation.

2. The progress milestones in Clause 1 of this Article must be specified in the Investment Registration Certificate or the written approval on investment policy of the electricity source construction investment project.

Article 11. Criteria for determining electricity projects in the State's priority investment list

Electricity projects in which 100% of the charter capital is held by a State-owned enterprise or an enterprise in which 100% of the charter capital is held by such enterprise are included in the State's priority investment list according to the following criteria:

1. Investment in electricity projects to ensure national energy security, solve urgent problems of ensuring electricity supply security including:

a) Emergency electricity projects and works;

b) National key projects, priority projects of the electricity sector according to the electricity development plan;

c) Electricity projects exclusively invested in and constructed by the State as prescribed at Point b Clause 2 Article 5 of the Electricity Law;

d) Electricity projects serving national defense and security according to decisions of the competent authorities.

2. Electricity grid project falling into the case of land recovery by the State for socio-economic development for national and public interests in accordance with the Land Law.

3. Electricity projects to supply electricity to rural areas, ethnic minority areas, mountainous areas, border areas, islands and areas with extremely difficult socio-economic conditions.

4. New energy and renewable energy projects to promote the energy transition and reduce greenhouse gas emissions in line with the national goals and commitments.

Article 12. Dossier, order and procedures for preparing and appraising the proposal for approval and adjustment of investment policies to electricity grid investment projects with voltage levels of 220 kV or lower passing through administrative boundaries of 02 or more provincial-level administrative units subject to investment policy approval in accordance with the Law on Investment

1. The dossier, order and procedures for preparing and appraising the proposal for approval of investment policies shall comply with the law on investment and Clause 2 Article 13 of the Electricity Law; the competent agency for approving investment policies shall be determined in accordance with Point a Clause 2 Article 13 of the Electricity Law.

2. The consultation and response to comments during the process of appraising the proposal for approval of investment policy shall comply with Points d and dd, Clause 2 Article 13 of the Electricity Law, including only contents related to planning, land use plans, and transmission lines within the administrative boundaries of the province to be consulted.

3. The dossier, order and procedures for approving investment policy adjustment shall comply with the law on investment. In case the adjustment content falls within the administrative boundaries of the provinces where the transmission lines pass through, the provincial-level People's Committee with the competence to adjust the investment policy shall consult the People's Committee of such province in accordance with Clause 2 of this Article.

Article 13. Order, procedures for approving and adjusting the investment list of medium- and low-voltage electricity grids

Based on the electricity supply network development plan in the provincial-level master plan, the demand for investment in medium- and low-voltage electricity grids, the electricity unit or investor shall propose the provincial-level People's Committee to approve the list in accordance with Clause 3 Article 13 of the Electricity Law as follows:

1. The dossier of request for approval of the investment list for medium- and low-voltage electricity grids includes:

a) Report on request for approval of the investment list for medium- and low-voltage electricity grids, made using the Form No. 01 in the Appendix issued with this Decree;

b) Documents on the legal status of the electricity unit and investor, including: identity card, citizen identification card, valid passport, other personal identification papers for individuals; enterprise registration information for organizations;

c) Documents proving the financial capacity of the electricity unit or investor include one of the following documents: financial statements of the latest 2 years of the electricity unit; financial support commitment of the parent company; financial support commitment of financial institutions; guarantee of financial capacity of the investor; other documents proving the financial capacity of the investor.

2. The content of appraising request for approval of the investment list for medium- and low-voltage electricity grids includes:

a) Assessment on the suitability of the project investment list with the expected medium-voltage volume in the electricity supply network development plan in the provincial-level master plan;

b) Assessment on investment necessity and investment objectives.

3. Within 03 working days from the date of receiving the dossier, the provincial-level Department of Industry and Trade shall check the completeness and validity of the dossier. In case the dossier is not complete or valid, the provincial-level Department of Industry and Trade shall issue a written request to the electricity unit and investor to amend and supplement the dossier.

Within 07 working days from the date of receiving a complete and valid dossier as prescribed in Clause 1 of this Article, the provincial-level Department of Industry and Trade shall prepare an appraisal report including appraisal contents as prescribed in Clause 2 of this Article and submit it to the provincial-level People's Committee for approval.

4. Within 05 working days from the date of receiving the dossier and appraisal report, the provincial-level People's Committee shall consider and approve the investment list of medium- and low-voltage electricity grids according to the Form No. 02 in the Appendix issued with this Decree. In case of disapproval, the provincial-level People's Committee shall respond to the electricity unit and investor in writing and clearly state the reasons.

5. One set of the dossier specified in Clause 1 of this Article shall be submitted in on the information system for handling administrative procedures of the province or centrally-run city or sent by post or submitted directly to the provincial-level Department of Industry and Trade of the province or centrally-run city.

6. During the implementation of medium-voltage and low-voltage grid investment projects according to the list approved by the provincial-level People's Committee, upon requiring addition, replacement or removal of projects in the list, the electricity unit and investor shall adjust the project list as follows:

a) The dossier of request for adjustment of the project list includes: Report on request for adjustment of the list of investment projects, made using the Form No. 01 in the Appendix issued with this Decree and information on the implementation status of projects in the list; the adjustment-related documents (if any);

b) The order and procedures for approving adjustment to the investment list of medium- and low-voltage electricity grids shall comply with Clauses 2, 3, 4 and 5 of this Article.

Article 14. Principles and criteria for determining emergency electricity projects and works

1. The emergency electricity projects and works must ensure the following principles:

a) Belong to the list of electricity projects in the electricity development master plan, the electricity supply network development plan in the provincial-level master plan or the implementation plan of electricity development master plan, the provincial-level master plan implementation plan including the electricity supply network development plan. In case the project is not yet included in the planning or master plan, it must be approved by the competent authority to adjust, supplement the planning or adjust the master plan in accordance with law on planning;

b) The investor has not been identified and it is necessary to shorten the construction investment time compared to the normal construction investment procedures to ensure timely response to the requirements for resolving urgent issues on assurance of security of electricity supply.

2. The projects and works for construction of electricity sources and emergency synchronously connected electricity grids must meet one of the following criteria:

a) The projects and works for construction of electricity sources and synchronously connected electricity grids to be invested and constructed to replace one or more projects that are behind schedule compared to the progress specified in the competent authorities’ written approval or adjustment of investment policies, stopped investment implementation, terminated investment activities or due to sudden increase in load causing risk of electricity shortage, non-assurance of security of electricity supply during the planning period;

b) The projects and works for construction of electricity sources and synchronously connected electricity grids whose investment projects have been terminated in accordance with the law on investment and have been handed over by the competent authorities to the enterprises in which the State holds 100% of the charter capital or the enterprises in which this enterprise holds 100% of the charter capital to carry out the investment and construction, and the implementation time needs to be shortened to ensure security of electricity supply during the planning period due to the reasons specified at Point a of this Clause.

3. The projects and works for construction of emergency electricity grids play an important role in transmitting electricity source capacity between regions to prevent electricity grid overload and meet one of the following criteria:

a) The projects and works that need to be invested in and constructed to replace one or more projects that are behind schedule compared to the approved documents or adjusted investment policies of competent authorities, that are at risk of causing electricity shortages, and that require load reduction and power generation reduction of the electricity system forecasted for the next 2 years from the time of proposal and approval by competent authorities of the urgent project;

b) The projects and works to be completed in a timely manner to promptly meet sudden increases in load demand and the project implementation time from the time the competent authority approves the project as an emergency electricity project to the time it is put into operation is less than 24 months for electricity grid projects and works with the voltage level of 500 kV; is less than 18 months for electricity grid projects and works with voltage level of 220 kV;

c) 110 kV output projects and works serving the synchronous exploitation of 220 kV and 500 kV emergency transformer stations;

d) The projects and works of inter-regional electricity grids with voltage level of 110 kV or higher that are calculated and ensured regional electricity grids by the electricity system operator do not ensure safe operation forecasted for the next 2 years from the time of proposal and approved by competent authorities as emergency electricity projects.

4. The emergency electricity grid projects and works according to urgent requirements to ensure national defense, security or urgent requirements for local socio-economic development must meet one of the following criteria:

a) The electricity projects and works implemented according to urgent requirements to ensure national defense and security;

b) The projects and works to be completed in a timely manner to promptly meet sudden increases in load demand according to urgent requirements for local socio-economic development and the project and work implementation time counted from the time the competent authority approves the project as an urgent project to the time it is put into operation of less than 18 months for the electricity grid projects and works with the voltage level of 110 kV.

5. Based on reports on planning, periodic or irregular planning implementation assessment reports in accordance with the law on planning or reports on the operation of the electricity system, the principles and criteria for determining emergency electricity projects and works prescribed in this Article, the Ministry of Industry and Trade and the provincial-level People's Committees shall propose emergency electricity projects and works according to the capacity scale classification prescribed in Article 4 of this Decree to the Prime Minister for approval in accordance with regulations.

Article 15. Principle of transferring fuel price to electricity price; minimum long-term contracted electricity output for gas-fired power plant projects

1. According to each level of development of the competitive electricity market, the gas-fired thermal power plant projects are applied with appropriate development mechanisms and policies to ensure energy security, ensure harmony of the overall interests of the country, and the interests between the electricity buyer and the electricity seller.

2. Principle of transferring the fuel price to the electricity price:

a) The fuel price in calculating the electricity price in the power purchase agreement signed between the electricity seller and the electricity buyer is determined by the fuel price supplied at the power plant. In case the electricity seller signs multiple fuel purchase and sale contracts, the fuel price is determined by the weighted average of the volume of the invoices of the fuel purchase and sale contracts;

b) For power plant projects with port warehouse infrastructure and gas pipelines for direct import and use of LNG, the electricity seller is allowed to recover reasonable and valid costs when investing in port warehouse infrastructure and gas pipelines through the power purchase agreement price agreed upon by the electricity seller and the electricity buyer, ensuring the principle of not duplicating the investment costs of port warehouse infrastructure and gas pipelines in the fuel price supplied at the power plant;

c) For power plant projects sharing port warehouse infrastructure and gas pipelines to purchase and use regasified LNG:

The fuel price supplied at the power plant is calculated based on the price of imported LNG to the port in Vietnam and the price of LNG storage, regasification, transportation and distribution services;

The Ministry of Industry and Trade determines the price of LNG storage, regasification, transportation and distribution services.

3. Principles for determining minimum long-term contracted electricity output:

The gas-fired power plant projects directly participate in the competitive electricity market at all levels and must be agreed upon by the electricity seller and the electricity buyer in the power purchase agreement on the minimum long-term contracted electricity output based on the following principles:

a) For gas-fired power plant projects using domestic natural gas, the long-term minimum contracted electricity output is determined at the maximum level according to the gas supply capacity, meeting the binding requirements on fuel and capacity, and the available electricity generation output of the gas-fired power plant project;

b) For gas-fired power plant projects using imported LNG:

The minimum long-term contracted electricity output shall not be lower than 65% of the average electricity output over many years of the gas-fired power plant project. The minimum long-term contracted electricity output is applied during the principal and interest repayment period but not exceeding 10 years from the date the project is put into operation for electricity generation;

After the period of applying the minimum long-term contracted electricity output, the contracted electricity output or the electricity rate paid according to the contract price for the remaining years shall be agreed upon by the electricity seller and the electricity buyer during the negotiation and agreement of the power purchase agreement according to relevant regulations;

The average electricity output over many years is determined according to the regulations on methods for determining electricity generation service prices; principles for calculating electricity prices to implement electricity projects; main contents of the power purchase agreement issued by the Minister of Industry and Trade and stipulated in the power purchase agreement.

4. The provisions of Clauses 2 and 3 of this Article shall be applied as follows:

a) For gas-fired power plant projects using imported LNG with operation date of electricity generation before January 1, 2031, after the competent state agency issues a written notice of acceptance of the results of the investor's project completion acceptance;

b) For gas-fired power plant projects using domestic natural gas with operation date of electricity generation before January 1, 2036, after the competent state agency issues a written notice of acceptance of the results of the investor's project completion acceptance.

5. Responsibilities of the electricity buyer and the electricity seller:

a) Negotiating and agreeing on the minimum long-term contract electricity output and the applicable time in the power purchase agreement in compliance with this Article and other relevant legal provisions;

b) The electricity seller is responsible for providing the electricity buyer with complete data, technical parameters, economic-financial parameters and other necessary information of the gas-fired power plant project as a basis for negotiating the power purchase agreement; ensuring accuracy and reliability.

6. Responsibilities of the national load dispatch unit and the electricity market transaction operator:

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

b) Closely coordinating with the electricity buyer and the electricity seller to ensure the operation, dispatch, and mobilization of power plants using domestically exploited natural gas and imported LNG in compliance with the law on the operation of competitive electricity markets at all levels and the operation and dispatch of the electricity system issued by the Minister of Industry and Trade.

7. The gas-fired thermal power plant projects invested and developed under the public-private partnership method applying the build-operate-transfer (BOT) contract type are selected to apply the provisions of this Article and other relevant legal provisions.

Article 16. Support for investment after the meters' installation for household electricity supply to rural areas, ethnic minority areas, mountainous areas, border areas, islands and areas with extremely difficult socio-economic conditions

1. Support for providing electricity for domestic use after the the meters' installation for households (including electrical wires, main electrical panels, circuit breakers, switches, sockets, light bulbs and other auxiliary materials and supplies) for subjects in rural areas, ethnic minority areas, mountainous areas, border areas, islands and areas with extremely difficult socio-economic conditions, households whose houses are damaged by natural disasters, fires, explosions, and have to build new houses.

2. Support for investment in transmission lines from the meters' installation to the main electrical panels of household electricity supply for households in rural areas, ethnic minorities, mountainous areas, border areas, islands and areas with especially difficult socio-economic conditions, households whose houses are damaged by natural disasters, fires, explosions, but do not have to build new houses.

3. The State’s support forms in Clause 1 and Clause 2 of this Article shall be implemented according to the Programs, projects and investment works on electricity supply from State investment resources.

Chapter V

BIDDING FOR SELECTION OF INVESTORS FOR ELECTRICITY BUSINESS INVESTMENT PROJECTS

Article 17. Electricity business investment projects subject to organization of bidding for investor selection

1. The bidding is required for electricity business investment projects under Clause 1, Article 19 of the Electricity Law included in the National Master Plan on Electricity Development for the 2021-2030 period, with a vision toward 2050 or the provincial-level master plans for the 2021-2030 period, with a vision toward 2050 when there are 02 or more interested investors, including:

a) Gas-fired and coal-fired power plant projects;

b) Renewable energy projects including: solar power, wind power, hydropower, biomass power.

2. The bidding for selection of investors for the electricity business investment projects shall comply with the law on bidding and this Decree.

Article 18. Special requirements in the bidding dossier for electricity business investment projects

1. For projects under planning or plans to implement planning, electricity grid development plans in provincial-level master plan, Vietnam Electricity (or its representative unit according to decentralization and authorization), Northern Power Corporation, Central Power Corporation, Southern Power Corporation, Hanoi Power Corporation, Ho Chi Minh City Power Corporation shall purchase electricity at the request of the competent authorities in accordance with the law on bidding or the provisions of the agency deciding to organize bidding for selection of investors.

2. The competent authority as prescribed by law on bidding or the agency deciding on organization of bidding for investor selection shall be responsible for determining the electricity buyer as prescribed in Clause 1 of this Article and shall sign the power purchase agreement with the investor.

3. The bidding dossier for electricity business investment projects includes:

a) Information on the electricity buyer as prescribed in Clause 1 of this Article;

b) Documents prepared in accordance with the law on bidding;

c) Pre-feasibility study report of the project;

d) Draft power purchase agreement proposed by the electricity buyer and agreed with the agency deciding on organization of bidding for investor selection;

dd) Requirements on localization rate for important equipment items and consulting services to maintain continuous electricity supply and ensure national energy security in accordance with the law on electricity;

e) Investment guarantee mechanisms as prescribed in Article 15 of this Decree.

4. Responsibility for paying for costs of survey and preparing the pre-feasibility study report:

a) The investor shall make payment in case the investor proposes the project himself;

b) The competent authority as prescribed by the law on bidding, the agency deciding on organization of bidding for investor selection shall use regular expenditure sources for payment, except for the case specified at Point a of this Clause;

c) The selected investor shall be responsible for reimbursing the costs specified at Point b of this Clause;

d) In case the costs have been paid under Point a of this Clause but the project investment policy is not approved or the winning investor is not selected, the investor proposing the project shall bear all costs and risks;

dd) In case the costs have been paid under Point b of this Clause but the project fails to select the winning investor or is stopped at the request of a competent authority, these costs shall be settled as reasonable costs of the competent authority in accordance with the law on bidding, the provisions of the agency deciding on organization of bidding for investor selection.

Article 19. Criteria for evaluating the efficiency of electricity sector development

1. For electricity business investment projects with electricity price brackets issued by the Ministry of Industry and Trade, the standard for evaluating the efficiency of electricity sector development is the electricity price, implemented as follows:

a) The ceiling electricity price in the bidding dossier is the maximum price of the electricity generation price bracket corresponding to the type of electricity source issued by the Ministry of Industry and Trade in the bidding year;

b) The investor proposes the electricity price in the bidding dossier not higher than the ceiling electricity price specified in the bidding dossier;

c) The winning bid is the maximum electricity price for the electricity buyer to negotiate the power purchase agreement price with the winning investor.

2. For electricity business investment projects without price bracket issued by the Ministry of Industry and Trade, the following shall be implemented:

a) The criteria for evaluating the efficiency of electricity sector development is the minimum value equal to the annual state budget payment. The investor proposes this value in the bidding dossier not lower than the minimum level specified in the bidding dossier;

b) The value specified at Point a of this Clause is independent of the investor's obligations to the state budget as prescribed by law;

c) The payment to the state budget of the value specified at Point a of this Clause shall be carried out as follows: The annual value of payment to the state budget is determined based on the value proposed by the investor in the bidding dossier; the form, progress and time limit for payment of the value specified at Point a of this Clause are specifically stipulated in the business investment project contract.

Article 20. Negotiation, signing of business investment project contracts, power purchase agreements

The negotiation and signing of power purchase agreement with the winning investor are carried out as follows:

1. The maximum time for the winning investor to approve the feasibility study report of the electricity project construction investment project from the date of signing the business investment project contract is stipulated as follows:

a) For hydropower, gas-fired thermal power, coal-fired thermal power and wind power projects, the maximum period is 15 months;

b) For biomass and solar power projects, the maximum time is 06 months.

2. Based on the results of the bidding for selection of investors for the electricity business investment project and the approved feasibility study report on construction investment for the electricity business investment project, the electricity buyer and the winning investor have the responsibility and obligation to negotiate and sign the power purchase agreement. The maximum time for negotiation and signing of the power purchase agreement is 03 months from the date the investor submits the valid dossier to the electricity buyer.

3. The electricity buyer and the winning investor are responsible for the time of negotiation and signing of the power purchase agreement to ensure the project implementation progress according to the electricity development master plan, the provincial-level master plan and the electricity supply security.

Chapter VI

ORGANIZATION OF IMPLEMENTATION

Article 21. Responsibilities for implementation

1. The Ministry of Industry and Trade shall assume the prime responsibility for and coordinate with relevant agencies and organizations in:

a) Guiding and inspecting organizations and individuals in implementing this Decree;

b) Annually summarizing and evaluating the implementation results of this Decree and report to the Government for consideration and amendment in accordance with the reality.

2. Provincial-level People's Committees shall:

a) Organize the implementation, inspection and supervision of the implementation of this Decree, and perform state management of electricity source and electricity grid development in the locality;

b) Assign provincial-level Departments of Industry and Trade to assume the prime responsibility for and coordinate with relevant agencies and units in inspecting compliance with regulations on planning, construction investment and bidding for selection of electricity business investors for the electricity projects as prescribed in this Decree.

Article 22. Amending and repealing a number of articles of the Decree No. 115/2024/ND-CP dated September 16, 2024 detailing a number of articles of and measures to implement the Bidding Law regarding selection of investors to implement land-using investment projects

1. To amend Clause 1 Article 14:

“1. The bid solicitor shall assign the expert team to prepare a bidding dossier containing contents specified in Article 48 of the Bidding Law for the investors to make bid dossiers. For investment projects on construction of energy works, the bidding dossier also comprises draft electricity purchase agreement proposed by the electricity buyer and agreed upon with the agencies deciding on organization of bidding in accordance with the electricity law.”.

2. To amend Point d Clause 2 Article 19:

“d) Value proposed by the investor in terms of sectoral and local development investment efficiency in the bid application form, including any of the following information: value in money paid to the state budget; proportion of revenue that investors propose to pay to the state budget; prices of goods and services; number of public works without business purposes; the value of social assistance activities or other social welfare activities for social protection beneficiaries, determined by the value in money or the number of people supported; type and level of toxicity and total amount of pollutants discharged into the environment; land use area, land use coefficient; the level of payment to the state budget and the rate of increase that the investor proposes to implement the investment project on construction of aviation service works; value in money paid annually to the state budget, electricity price for investment projects on construction of energy works; time of handover of resettlement housing for investment projects on condominium renovation and reconstruction (in cases where the valuation standard on sectoral and local development investment efficiency are applied);”.

3. To amend Clause 2 Article 49:

“2. For investment projects in the construction of energy works, the standard for evaluation of sectoral and local development investment efficiency shall comply with the law on electricity.”.

4. To repeal Article 70.

5. To amend and supplement Point a Clause 7 section II of the Appendix III:

“a) The value proposed by the investor includes one of the following information: value in money paid to the state budget; proportion of revenue that investors propose to pay to the state budget; prices of goods and services; number of public works without business purposes; the value of social assistance activities or other social welfare activities for social protection beneficiaries, determined by the value in money or the number of people supported; type and level of toxicity and total amount of pollutants discharged into the environment; land use area, land use coefficient; the level of payment to the state budget and the rate of increase that the investor proposes to implement the investment project on construction of aviation service works; value in money paid annually to the state budget, electricity price for investment projects on construction of energy works; time of handover of resettlement housing for investment projects on condominium renovation and reconstruction;”.

Article 23. Effect

This Decree shall take effect from the date of its signing.

Article 24. Transitional provision

1. The electricity projects that are included in the electricity development master plan and the implementation plan of electricity development master plan but have a capacity scale of the electricity supply network development plan in the provincial-level master plan as prescribed in Article 4 of this Decree shall continue to be implemented according to the decision approved by the competent authority. These projects shall be updated in the provincial-level master plan or the provincial-level master plan implementation plan when establishing or adjusting the provincial-level master plan after this Decree takes effect.

2. The medium- and low-voltage electricity grid projects for which valid dossiers have been received by investment registration agencies for approval and adjustment of investment policies before the effective date of this Decree shall continue to be implemented in accordance with the law on investment.

3. For the electricity business investment projects, the bidding for selection of investors is carried out as follows:

a) In case the bidding dossier have not been issued by the effective date of this Decree, the bidding dossier must be prepared in accordance with this Decree;

b) In case the bidding dossier have been issued in accordance with the Decree No. 115/2024/ND-CP dated September 16, 2024 detailing a number of articles of and measures to implement the Bidding Law regarding selection of investors to implement land-using investment projects and guiding legal documents, but by the effective date of this Decree, the results of investor selection have not been approved, the following shall be implemented: if the bidding dossier have been received, the bidding dossier shall continue to be evaluated based on the issued bidding dossier; if the bidding dossier have not been received, the agency deciding on organization of bidding for investor selection shall be allowed to extend the bidding closing time and amend the bidding dossier in accordance with this Decree.

Article 25. Responsibility for implementation

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, Chairpersons of People's Committees of provinces and centrally-run cities shall be responsible for the implementation of this Decree.

* All Appendices are not translated herein.