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In brief

On 10 April 2020, the prime minister approved, under Decision No. 503/QD-TTg, a mission to formulate a national infrastructure plan for oil and gas reserves and supply for the 2021-2030 period, with a vision to 2050. In accordance with this decision, on 31 December 2021, the Ministry of Industry and Trade (MOIT) released a draft (“Draft Plan“) for comments from relevant agencies.

The Draft Plan covers two main areas:

  • Reserves: The system of crude oil, petrol and gas storage warehouses serving production reserves, commercial reserves and national reserves (excluding (i) raw material and product warehouses of refineries, petrochemical plants and gas treatment plants; (ii) fuel warehouses of power plants; and (iii) internal warehouses of the armed forces)
  • Supply: The system of oil and gas pipelines in the mid- and downstream sectors from supply points to places of consumption (excluding the upstream sector,1 i.e., gas pipelines from offshore gas fields to the mainland and pipelines supplying gas to refineries, petrochemical plants, gas treatment plants and power plants)

The MOIT views the Draft Plan as a tool for planning future commercial developments in the sector at the national level. Once approved, the MOIT will use it as a reference to appraise and approve projects of all enterprises producing and trading oil and gas in Vietnam to construct oil and gas warehouses and supply pipelines.

This Draft Plan directly impacts on stand-alone LNG terminal projects as well as unbundled structure of gas-to-power projects whether using a tolling model or a merchant model.

In depth

The Draft Plan includes an introduction and 11 chapters, and covers the following key items:

  • Information on existing infrastructure for storage and supply of oil and gas
  • Forecasts of future market demands for oil and gas in Vietnam
  • Planned and priority projects in the sector
  • Estimated total investment capital until 2050

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1 The upstream sector is discussed in the “National master plan for the development of energy for the period of 2021-2030, with a vision to 2050.”

Author

Oanh Nguyen is partner in Baker & McKenzie´s Ho Chi Minh City office. She has been advising on various aspects of corporate and commercial law for more than 17 years. She has been rated by Chambers Asia as a leading lawyer in Banking & Finance and Projects, Infrastructure & Energy. IFLR 1000 has listed her as a leading lawyer in the areas of Banking & Project Finance and Mergers and Acquisitions. PLC Which Lawyer? has also recommended her for Finance in Vietnam. Ms. Nguyen serves as editor of the monthly Banking and Finance Letter, and has delivered several presentations on foreign investments and M&A in Vietnam.

Author

Thanh Hai Nguyen is a partner based in Baker McKenzie's Hanoi office. He has been serving as Chair of the Legal Committee of the American Chamber of Commerce in Hanoi (AmCham Hanoi) since April 2017, as well as an active member in the Vietnam Business Forum (VBF)'s Power & Energy Working Group and Investment & Trade Working Group. He is an admitted lawyer in Vietnam and a member of the Hanoi Bar Association.

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