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On 12 March 2024, the Ministry of Industry and Trade (MOIT)’s Electricity Regulatory Authority of Vietnam (ERAV) released for public comment a draft new circular (“Draft Circular“), which if adopted would take effect from 1 July 2024 and would replace Circular No. 45/2018/TT-BCT dated 15 November 2018 regulating the operation of the Vietnam Wholesale Electricity Market (VWEM) in Vietnam (as amended) (“Circular 45“).

Most of the adjustments made to the Draft Circular are technical in nature. However, the release of the Draft Circular is part of a wider effort by the government to update its legislation around grid-connected projects ahead of the launch of numerous LNG-to-power tenders this year, including through the concurrent preparation of a separate draft new circular on power tariff determination and model power purchase agreement (which we have previously discussed – read here).

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.

Author

Charles Magdelaine is an Associate in Baker McKenzie, Hanoi office.

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