DECREE

On preferential mechanisms and policies applicable to the national power system load dispatch units and electricity market transaction administration units

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Electricity No. 61/2024/QH15, amended and supplemented under Law No. 94/2025/QH15, Law No. 116/2025/QH15 and Law No. 135/2025/QH15;

At the proposal of the Minister of Industry and Trade;

The Government hereby promulgates the Decree on preferential mechanisms and policies applicable to the national power system load dispatch units and electricity market transaction administration units.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides for mechanisms and policies as prescribed at Points g and h Clause 1 Article 64, and Points e and g Clause 1 Article 65 of the Law on Electricity No. 61/2024/QH15, including:

1. Preferential mechanisms and policies to ensure infrastructure facilities and other essential systems serving the dispatching of the national power system and administration of the electricity market.

2. Preferential mechanisms and policies to attract high-quality human resources for dispatching of the national power system and administration of the electricity market.

Article 2. Subjects of application

1. National power system load dispatch units.

2. Electricity market transaction administration units

3. Relevant organizations and individuals.

Article 3. Interpretation of terms

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

1. Power system and electricity market operation unit means an independent enterprise playing a particularly important role in key and essential sectors of the national economy, performing the rights and obligations of the national power system load dispatch unit and the electricity market transaction administration unit in accordance with the Law on Electricity No. 61/2024/QH15 (currently the National Power System and Market Operator Company Limited - NSMO).

2. Persons directly performing the dispatching of the national power system and administration of electricity market transactions hold the following positions:

a) National dispatcher;

b) Regional dispatcher;

c) National power system operation engineer;

d) Regional power system operation engineer;

dd) National power system SCADA/EMS engineer;

e) Regional power system SCADA/EMS engineer;

g) Renewable energy shift engineer;

h) Electricity market transaction operator.

Article 4. Principles for implementation of preferential mechanisms and policies

1. To prioritize synchronized investment and modernization of technical infrastructure; to promote the application of digital technologies and automation in the dispatching and operation of the power system and in the administration of electricity market transactions, in accordance with the scale and development orientation of the national power sector in each period and level of the competitive electricity market.

2. The power system and electricity market operation unit shall be entitled to preferential and priority mechanisms and policies on human resources as prescribed in Article 8 of this Decree and other relevant laws, and shall be permitted to pay additional income, welfare benefits and supplementary retirement insurance to employees directly performing the dispatching of the national power system and administration of electricity market transactions.

3. The power system and electricity market operation unit shall ensure lawful rights and interests, safe working conditions and information security for employees directly performing the dispatching of the national power system and administration of electricity market transactions in accordance with the mechanisms and policies prescribed in Clause 4 Article 8 of this Decree and other relevant laws.

4. Expenses for hiring consulting experts, additional income for employees directly performing the dispatching of the national power system and administration of electricity market transactions, and supplementary retirement insurance benefits as prescribed in Article 8 of this Decree shall be accounted for as costs and included in business prices of the power system and electricity market operation unit, and shall be calculated for recovery in the annual prices for power system dispatching and operation services and electricity market transaction administration services.

Chapter II

PREFERENTIAL MECHANISMS AND POLICIES ON INFRASTRUCTURE FACILITIES, OTHER ESSENTIAL SYSTEMS AND ATTRACTION OF HIGH-QUALITY HUMAN RESOURCES

Article 5. List of infrastructure facilities and other essential systems of the power system and electricity market operation unit serving the dispatching and operation of the power system and administration of electricity market transactions

1. Headquarters of the power system and electricity market operation unit (including the main control center and the backup control center independent in location for both national and regional levels).

2. Technical infrastructure for power system dispatching.

3. Technical infrastructure for administration of electricity market transactions.

4. Critical specialized information technology and cybersecurity infrastructure.

5. Infrastructure for training, human resource development and internal governance.

6. Infrastructure for research, development and application of new technologies.

Article 6. Preferential mechanisms and policies for investment in infrastructure facilities and other essential systems of the power system and electricity market operation unit serving the dispatching and operation of the power system and administration of electricity market transactions

1. The power system and electricity market operation unit shall be given priority to propose, participate in and implement investment projects using official development assistance (ODA), non-refundable ODA, foreign concessional loans, domestic or foreign commercial loans as prescribed by law.

2. The power system and electricity market operation unit shall be considered by competent agencies for land lease without auction of land use rights in accordance with the land law to ensure stable, safe, long-term operation and security for the dispatching of the national power system and administration of electricity market transactions.

Article 7. Sources of investment capital and preferential mechanisms and policies for capital mobilization

1. Sources of investment capital for infrastructure and other essential systems projects include:

a) Equity;

b) Public investment capital;

c) Domestic and foreign commercial loans;

d) ODA, foreign concessional loans granted or on-lent from the state budget, and loans guaranteed by the Government;

dd) Other lawful mobilized capital sources.

2. The power system and electricity market operation unit shall be given priority to receive and utilize non-refundable aid not belonging to official development assistance from foreign agencies, organizations and individuals, as well as sponsorships and donations from domestic organizations and individuals in the forms of training programs for technology transfer, technical consultancy, specialized workshops, works, equipment and technical items compatible with infrastructure in accordance with the Government’s regulations on management and use of non-refundable aid other than official development assistance of foreign agencies, organizations and individuals for Vietnam. Such support shall be used for research, testing of solutions for power system dispatching, administration of electricity market transactions, and training and development of human resources.

3. The power system and electricity market operation unit shall be given priority to access and use ODA and foreign concessional loans of the Government to implement projects approved by competent state agencies in accordance with the law on public investment and public debt under the applicable financial mechanisms.

4. For infrastructure and other essential systems investment projects serving the dispatching and operation of the power system and administration of electricity market transactions, in case of borrowing domestic or foreign commercial loans, the power system and electricity market operation unit shall be given priority for consideration for Government guarantees in accordance with the law on public debt management and relevant provisions.

5. Within 3 years from the effective date of this Decree, the power system and electricity market operation unit shall have its charter capital supplemented and maintained at a minimum level of VND 3,000 billion to ensure financial capacity for arranging and mobilizing capital for infrastructure and essential systems investment projects. The increase in charter capital shall be implemented through the following forms: retention of remaining after-tax profits after appropriation and use of funds as prescribed; allocation of public investment capital or ODA in the form of grant for construction investment projects. In case the progress of charter capital increase through investment projects does not meet the above requirements, the power system and electricity market operation unit shall have its charter capital supplemented from the state budget and other lawful capital sources as prescribed by law to ensure the minimum charter capital level.

6. In case the enterprise mobilizes capital for project implementation resulting in total liabilities exceeding 3 times the equity recorded in the most recent quarterly or annual financial statements at the time of capital mobilization, the power system and electricity market operation unit may continue project implementation after assessing the financial status of the project, developing a feasible borrowing and debt repayment plan, and reporting to the owner-representing agency for supervision of capital use and monitoring of debt repayment obligations until such obligations are fulfilled or the ratio of liabilities to equity falls below 3 times.

7. After fulfilling financial obligations and making full appropriations to funds in accordance with law, the power system and electricity market operation unit may use the remaining after-tax profits to supplement charter capital, invest in and implement projects serving power system dispatching and administration of electricity market transactions as listed in Article 5 of this Decree. The portion of after-tax profits not used for the above purposes shall be remitted to the state budget in accordance with regulations.

8. The power system and electricity market operation unit shall be considered by the State for priority allocation of capital to supplement charter capital through the form of allocation of land use rights and other land-attached assets directly serving the dispatching of the power system and administration of electricity market transactions.

Article 8. Preferential mechanisms and policies to attract high-quality human resources

1. The power system and electricity market operation unit may hire domestic consulting experts on a contractual basis; however, the remuneration shall not exceed 1.5 times the expert salary level as prescribed by the State. Where it is necessary to hire foreign experts, the power system and electricity market operation unit may agree upon and apply mechanisms and remuneration levels equivalent to those applied by foreign credit institutions having representative offices in Vietnam.

2. The power system and electricity market operation unit may pay additional income (at a rate of 30% of the salary based on the applicable coefficient) as determined by the enterprise (excluding allowances) to employees directly performing the dispatching of the national power system and administration of electricity market transactions, and such payment shall be made together with the monthly salary.

3. The power system and electricity market operation unit may provide supplementary retirement insurance to employees directly performing the dispatching of the national power system and administration of electricity market transactions throughout their working period at the power system and electricity market operation unit. The power system and electricity market operation unit shall, based on its financial conditions, decide on the form, scope and contribution level for supplementary retirement insurance.

4. The power system and electricity market operation unit may be considered for exemption from, exclusion of, or mitigation of liability in case where damage arises in the course of task performance, provided that employees directly performing the dispatching of the national power system and administration of electricity market transactions have duly performed the following responsibilities:

a) Complying with decisions of superior authorities in accordance with regulations on dispatching of the national power system and administration of electricity market transactions;

b) Performing tasks within proper authority, order and procedures, ensuring objectivity, transparency and absence of self-interest in the course of task performance;

c) Making timely decisions based on technical requirements and practical conditions in case where the law does not provide specific provisions, in order to ensure the safety, continuity and stability of the power system and the electricity market;

d) Proactively applying solutions and making prompt decisions in emergency situations to ensure power supply capability and the continuous and safe operation of the power system and the electricity market;

dd) Reporting and making proposals to competent authorities when incidents, damages or risks arise due to objective causes, force majeure events or faults of other entities beyond their control;

e) Proactively researching and proposing innovative and breakthrough solutions to remove difficulties and obstacles in mechanisms and policies, particularly for matters not yet regulated or no longer appropriate, in order to enhance efficiency and contribute positively to the dispatching of the national power system and administration of electricity market transactions;

g) Promptly reporting to competent authorities or units when being obstructed, pressured or subjected to unlawful interference in the process of making dispatching decisions or handling emergency situations.

Chapter III

IMPLEMENTATION ORGANIZATION

Article 9. Responsibilities of the Ministry of Industry and Trade

1. To inspect and supervise the implementation of the mechanisms and policies prescribed in this Decree.

2. To approve the detailed list of infrastructure facilities and essential systems as prescribed in Article 5 of this Decree, as proposed by the power system and electricity market operation unit, for serving the dispatching and operation of the power system and administration of electricity market transactions.

3. To assume the prime responsibility for, and coordinate with relevant ministries and sectors in, guiding the implementation of this Decree.

Article 10. Responsibilities of People’s Committees of Hanoi, Ho Chi Minh City and Da Nang

The People’s Committees of Hanoi, Ho Chi Minh City and Da Nang shall consider and decide on allocation of land and lease of land without auction of land use rights for construction of independent headquarters of the power system and electricity market operation unit (including the main control center and the backup control center independent in location), in order to ensure stable, safe, long-term operation and security for dispatching of the national power system and administration of electricity market transactions.

Article 11. Responsibility of the power system and electricity market operation unit

1. To formulate and submit to the Ministry of Industry and Trade for consideration and decision on promulgation or adjustment of the List as prescribed in Article 5 and Clause 2 Article 9 of this Decree.

2. To organize the development of regulations, rules and relevant procedures to implement remuneration regimes and maintain high-quality human resources in accordance with regulations.

3. To proactively coordinate with relevant agencies and units in organizing the implementation of mechanisms and policies prescribed in this Decree.

4. Before December 15 each year, the power system and electricity market operation unit shall be responsible for reporting to the Ministry of Industry and Trade on the implementation of the preferential mechanisms and policies prescribed in this Decree.

Article 12. Effect

1. This Decree takes effect from May 25, 2026.

2. Ministers, heads of ministerial-level agencies, Chairpersons of the People’s Committees of Hanoi, Ho Chi Minh City and Da Nang shall implement this Decree./.