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Thanh Hai Nguyen

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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.

The Ministry of Industry and Trade of Vietnam (MOIT) recently released the draft of a new Decision of the Prime Minister (“Draft Decision”)1 replacing current Decision No. 28/2014/QD-TTg dated 7 April 2014 (“Decision 28”) on electricity retail tariff structures.

The Draft Decision tries to reflect practical power consumption by power consumers to address certain practical issues on the retail tariff structure. From a power developer’s perspective, however, the tariff framework for average electricity retail prices remain unchanged and the roadmap to retail electricity tariffs toward market-based pricing remain to be developed.

The proposed structures and options for determining electricity retail price in the Draft Decision are still in draft form. If you would like to discuss the details of the Draft Decision and its impacts to a specific business, please do not hesitate to contact us.

The Ministry of Industry and Trade of Vietnam (MOIT) recently issued new Circular No. 25/2020/TT-BCT (“Circular No. 25”)1 replacing Circular No. 09/2012/TT-BCT (“Circular No. 09”)2 on the formulation and reporting on planning of economical and efficient use of energy (“Energy Efficiency Plan”). Circular No. 25 provides businesses with simplified and more straightforward procedures for registering and reporting on their Energy Efficiency Plan. This is one of the steps toward the implementation of the earlier-approved National Energy Efficiency Program for the period of 2019-2030 (VNEEP).

On 25 September 2020, the Ministry of Industry and Trade of Vietnam (MOIT) circulated to the relevant line ministries and Vietnam Electricity (EVN) the draft proposal letter to the Prime Minister (“Draft Proposal”), together with the full text of the draft Prime Minister’s Decision on the pilot program for competitive selection of solar power projects (“Draft Decision”).

The pilot program targets a limited number of solar power projects that have been included (or will be included soon) in the power development master plan, but are not eligible for Feed-in-Tariff (FiT) 1 and FiT 2 (“Pilot Program”). Under the Draft Proposal, this program will tentatively take place from November 2020 to May 2021 (to be finalized) as a transition phase for future competitive auction mechanisms (such as “substation-based” and “solar park” models).

On 9 September 2020, the Ministry of Industry and Trade of Vietnam (MOIT) issued Circular No. 21/2020/TT-BTC (“Circular No. 21”) to replace the current Circular No. 36/2018/TT-BCT, disappointing certain investors who hoped the threshold for power generation licenses would be raised to facilitate market entry. Circular No. 21 takes effect from 26 October 2020, and it provides updated procedures for applications for power operation licenses, including power generation licenses for all types of power plants in Vietnam.1

We have highlighted some of the key takeaways and key provisions below.

Recent developments On 11 February 2020, the Politburo of Vietnam issued Resolution No. 55- NQ/TW on the orientation of the National Energy Development Strategy of Vietnam to 2030, with a vision to 2045 (“Resolution No. 55”). Resolution No. 55 provides for the prioritization of fast and sustainable energy development, while…

Recent developments Following the resolutions of the National Assembly, the Government of Vietnam and the Party Committee under the Ministry of Industry and Trade (“MOIT”) for the implementation of transitional provisions of the new Master Planning Law, the MOIT recently issued Decision No. 329 officially setting out the principles and…

The Ministry of Natural Resources and Environment of Vietnam (“MONRE”) has recently released a new Draft Law on Environmental Protection (“Draft Law”) to replace the current 2014 Law on Environmental Protection (“Current Law”). 1 The Draft Law proposes, among other things, significant changes to current policies on climate change adaptation…

Recent developments The Ministry of Industry and Trade of Vietnam (MOIT) recently submitted Proposal No. 544 to the Prime Minister along with a new draft Decision on approval of the pilot program on direct power purchase agreement (DPPA) mechanisms between renewable energy developers/power generation companies and private power buyers/consumers (Draft…

Recent developments The Ministry of Industry and Trade of Vietnam (“MOIT”) recently released a draft Circular (“Draft Circular”) amending Circular No. 32 and Circular No. 06 on avoided cost tariff (“ACT”) mechanisms for small hydropower projects in Vietnam and the respective model power purchase agreement (“ACT PPA”). In relation to…