| MINISTRY OF INDUSTRY AND TRADE OF VIETNAM | SOCIALIST REPUBLIC OF VIETNAM |
| No. 06/VBHN-BCT | Hanoi, February 21, 2023 |
CIRCULAR
WIND POWER PROJECT DEVELOPMENT AND POWER PURCHASE AGREEMENT FOR PROJECTS THEREOF
Circular No. 02/2019/TT-BCT dated January 15, 2019 of the Minister of Industry and Trade on wind power project development and power purchase agreement for projects thereof, which comes into force from February 28, 2019, is amended by:
Circular No. 42/2019/TT-BCT dated December 18, 2019 of the Minister of Industry and Trade on amendments to some provisions on periodical reporting in Circulars promulgated or jointly promulgated by the Minister of Industry and Trade, which comes into force from February 05, 2020 [1];
Circular No. 01/2023/TT-BCT dated January 19, 2023 of the Minister of Industry and Trade on annulment of certain regulations of Circular No. 02/2019/TT-BCT dated January 15, 2019 of the Minister of Industry and Trade on wind power project development and power purchase agreement for projects thereof and Circular No. 18/2020/TT-BCT dated July 17, 2020 of the Minister of Industry and Trade on solar power project development and power purchase agreement for projects thereof, which comes into force from January 19, 2023.
Pursuant to the Law No. 28/2004/QH11 on Electricity dated December 03, 2004; the Law on amendments to the Law on Electricity dated November 20, 2012;
Pursuant to Government’s Decree No. 98/2017/ND-CP dated August 18, 2017 on functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to Decision No. 37/2011/QD-TTg dated June 29, 2011 of the Prime Minister on mechanism for provision of assistance in development of wind power projects in Vietnam and Decision No. 39/2018/QD-TTg dated September 10, 2018 of the Prime Minister on amendments to some Articles of Decision No. 37/2011/QD-TTg dated June 29, 2011 of the Prime Minister on mechanism for provision of assistance in development of wind power projects in Vietnam;
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The Minister of Industry and Trade promulgates a Circular on wind power project development and power purchase agreement for projects thereof [2].
Chapter I
GENERAL PROVISIONS
Article 1. Scope and regulated entities
1. This Circular provides for wind power project development and power purchase agreement for wind power projects in Vietnam (hereinafter referred to as “power purchase agreement”).
2. This Circular applies to:
a) Investors in wind power projects;
b) Units managing and operating wind power works;
c) Power Buyers;
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Article 2. Definition of terms
In this Circular, the terms below are construed as follows:
1. “Power Buyer” means Vietnam Electricity or its authorized - affiliated units or an organization receiving rights and obligations from Vietnam Electricity according to regulations of the law.
2. “Power Seller” means an enterprise that produces, operates and trades electricity power from wind power plants or an organization receiving rights and obligations to produce, operate and trade electricity power of the enterprise according to regulations of the law.
3. ”Comprehensive complex of wind turbine” includes electric generator, single throw switch, blades, tower, synchro transformer, connection lines, and other equipment and construction compositions using wind power to produce electricity. The base of the tower, electrical substation, cable channel and related construction works are not classified as comprehensive complex of wind turbine.
4. ”Onshore wind turbine” means a turbine of which the center of the base is built on land and in a coastal area where the boundary from the sea water's edge to the inside of the area is at the lowest for multiple years. The sea water's edge at the lowest for multiple years is determined and promulgated in the Government's Decree No. 40/2016/ND-CP dated May 15, 2016 on elaboration of implementation of some Articles of the Law on Sea and Island Natural Resources and Environment or regulations on amendments to or replacement of the Law thereof.
5. “Offshore wind turbine” means a turbine of which the center of the base is built outside the sea water's edge which is at the lowest during the offshore years. The lowest sea water's edge in multiple years shall be determined and announced in accordance with Clause 4 of this Article.
6. “Land area for survey, study and investment in wind power projects” means a restricted area within the geographical boundary specified in the approval document of the People's Committee of province or central-affiliated city. Such document permits the investor to carry out survey, research and evaluation of the wind power potential in order to plan the wind power investment project within a permitted period. This area shall only be used for survey and research activities, including construction of wind measurement pole and survey of geology and topography.
7. ”Land area for use with term of wind power projects” means the total area of the base of wind turbine, including both the base protection area and the area for installation of synchronous equipment at the base of the wind power pole; underground cables that connect with the wind power, base of the utility poles, electrical substations; area for building internal road system and management agency. Land area for use with term shall be handed to the project investor for the whole project’s life time by the competent agency.
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9. “Safety corridor of wind power work” means the safety corridor of the wind tower, power transmission lines, substations and auxiliary items.
10. “Safety corridor of wind power tower” has the shape of a semicircle whose center is the center of the base of wind tower, and the radius equals (=) the height of the tower plus (+) the radius of the rotor.
11. IEC standards mean electrical standards issued by international electrotechnical commission.
Chapter II
WIND POWER PROJECT DEVELOPMENT
Article 3. Planning and list of wind power projects to be developed
1. Wind power project development is carried out in accordance with the power development planning, in which the wind power development potential and area shall be determined for each province. The wind power projects which have not been planned shall be apprised and submitted to competent authorities for approval and addition to the power development planning.
2. Projects which have been specified in the power development planning at all levels and in the approved provincial wind power development planning shall be carried out in accordance with the transitional regulations specified in Point c Clause 1 and Clause 3, Article 59 of the Law on Planning.
3.[3] (Annulled)
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Article 4. [4] (Annulled)
Article 5. Requirements for wind measurement
The wind power project shall have a wind measurement report which has been made at the project's area before the feasibility study report is made and approved. The wind measurement shall be carried out within a minimum period of 12 consecutive months at the representative locations, and the quantity of the wind measuring poles must be suitable to the topographical change of the project’s area. The wind measurement method, equipment and results shall comply with the IEC standards or equivalent international standards.
Article 6. Feasibility study report on wind power project
The feasibility study report on the wind power project shall be made in accordance with regulations of the law on construction investment management and contain the following contents:
1. Wind measurement results according to Article 5 hereof.
2. Angular coordination and location; land area for use with term and land area for temporary use; area that covers the territorial waters (in case the location is on the sea) of the wind power project.
3. Plan for connection, evaluation of impacts of the wind power project connection plan on the power system of the area and the ability to release the project’s capacity.
4. Technical plan and method, and expenditures for dismantling and handling the equipment of the wind power plant after the project ends.
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Article 7. [5] (Annulled)
Article 8. Wind power project inspection
1. Works or work items shall be brought into use after being inspected and after the inspection is checked in accordance with applicable regulations.
2. The Electricity and Renewable Energy Authority, within its jurisdiction as same as that of the Ministry of Industry and Trade, shall take charge to check the inspection of wind power works.
3. The Department of Industry and Trade and units that have been authorized, within the jurisdiction of the Department of Industry and Trade, shall take charge to check the inspection of wind power works according to applicable regulations.
Article 9. Reporting regime and operation management
1. Within 10 working days after receiving the Investment Policy Decision and the Investment Registration Certificate, the provincial People’s Committee shall send certified true copies of the Decision and Certificate thereof to the Electricity and Renewable Energy Authority for supervision and management.
2.[6] (Annulled)
3.[7] Annually, before January 15 and July 15, the provincial People’s Committee having the wind power projects shall send a six-month report on investment registration activities and the project’s implementation process in the province to the Ministry of Industry and Trade (the Electricity and Renewable Energy Authority) by post for management and monitoring. The report form is specified in Appendix I hereto.
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Article 10. Equipment of wind power projects
1. The equipment of wind power works shall satisfy Vietnam technical requirements and standards or IEC standards or equivalent standards.
2. The equipment of the wind power work shall not be second-hand, not leave the factory more than 05 years, and shall have appropriate Origin and Production Certificates. If the second-hand equipment of the wind power work is used or it has left the factory for more than 05 years, it shall be required to timely report to the Ministry of Industry and Trade so that this Ministry cooperates with related agencies in making decisions.
Article 11. Work safety
1. The scope of the wind power work includes areas of wind towers, power transmission lines, electrical substation and other auxiliary items. Safety corridor of wind power works, safety corridor of the lines and electrical substation shall comply with technical standards and regulations on electrical equipment, regulations on safety for high-voltage power grid and other law regulations on power work safety.
2. The wind power work must be 300 m away from the residential area.
3. Wind power turbine and wind power tower must be bright in color and must be non-reflective.
Article 12. Land use area
1. The land used for the wind power project development shall include: land area for survey, study and investment in wind power project; land area for use with term of the wind power project; and land area for temporary use of the wind power project.
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Article 13. Land use management within the area of wind power work
1. The land area for use with term of the wind power project must be conformable with the land use planning and land use plan and shall not overlap other plannings which have been approved by competent agencies.
2. Wind power works shall be prioritized to develop in the arid and rocky land, with little value of agriculture, aquaculture, sparsely populated areas or areas without citizens.
3. After the wind power work is brought into operation, the investor must restore the original state of the temporarily-owned area and hand it over to the local government for management.
4. The provincial People’s Committee may allow the land within the area of wind power project to be used for the appropriate purposes (cultivation, cottage farming) and shall ensure safety for the operation of wind power works.
Chapter III
POWER PURCHASE AGREEMENT FOR GRID-CONNECTED WIND POWER PROJECTS
Article 14. Application of wind power price to wind power project
If the grid-connected wind power project includes the onshore and offshore wind power turbines, the Power Seller shall agree with the Power Buyer about the electric meter installation method and the method for measuring and calculating the separated power output of each onshore or offshore wind turbine, in order to use such output as the basis for application of the appropriate power price.
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1. The power purchase agreement shall be used for selling and buying power between the Power Seller and the Power Buyer.
2. The power purchase agreement shall be only applied to the electrical energy produced from the wind energy source.
3. Contents of power purchase agreements for wind power projects are specified in Appendix 2 hereto.
4. The Power Seller and Power Buyer may only add contents to the power purchase agreement to clearly state the responsibilities and powers of the parties but must not change the basic contents of the agreement.
Article 16. Procedures for signing power purchase agreements for wind power projects
1. Procedures for signing a wind power purchase agreement
a) The investor in the wind power plant project shall make an application for signing the power purchase agreement with the Power Buyer. The Buyer will subsequently carry out the appraisal and approval procedures for signing such agreement.
b) Within 15 working days after receiving the application for signing of the valid power purchase agreement from the investor, the Power Buyer shall review the agreement and sign it with the Power Seller.
2. An application for signing the power purchase agreement includes:
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b) Legal documents of the project, including: Approval Decision of the competent authority on planning for power source and grid; Investment Policy Decision or Investment Registration Certificate; Investment Project Approval Decision;
c) A draft power purchase agreement using the form specified in Appendix II hereto;
d) Agreement on connecting power plant to the national power system. Such agreement is enclosed with the connection method of such power plant; SCADA/EMS Agreement and DIM system (Instruction Dispatch Management); agreement on automatic and protective relay system;
dd) Documents on calculation of loss of capacity and electrical energy of transformers and lines transmitted from the power plant to the points connected with the national power system, and documents on calculation of the electricity used in the power plant.
Chapter IV
IMPLEMENTATION
Article 17. Implementation
1. Electricity and Renewable Energy Authority shall:
a) Disseminate this Circular, provide guidance for implementation it and inspect such implementation. If any problem arises during the implementation, Electricity and Renewable Energy Authority shall cooperate with related units and local authorities in considering and requesting the Minister of Industry and Trade to amend this Circular.
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c [8] (Annulled).
2. The Department of Industry shall take charge to study and suggest regulations on encouragement to develop the domestic production of wind power work equipment in order to improve the localization ratio of the wind power project and then send a report to the Minister of Industry and Trade so that the Minister submits it to the Prime Minister for consideration and decision.
3. Provincial People’s Committee shall:
a) Monitor, supervise, inspect and report the development of wind power projects in the province according to the approved power development planning in accordance with regulations hereof.
b) Cooperate with the Ministry of Industry and Trade in locating wind power development area in the province and ensuring that such area is conformable with the land use planning, national marine spatial planning and technical and specialized plannings.
Article 18. Transitional regulations
Regarding wind power projects which have been brought into operation before November 01, 2018, the power purchase agreement may be re-signed with the Power Buyer for the purpose of application of the power price specified in Clause 7, Article 1 of the Decision No. 39/2018/QD-TTg from November 01, 2018 to the expiry date specified in the signed power purchase agreement.
Article 19. Entry into force
This Circular comes into force from February 28, 2019. The Circular No. 32/2012/TT-BCT dated November 12, 2012 of the Ministry of Industry and Trade on wind power project development and power purchase agreement for projects thereof and the Circular No. 06/2013/TT-BCT dated March 08, 2013 of the Ministry of Industry and Trade on contents and procedures for making, appraising and approving wind power development planning shall expire after this Circular comes into force./.
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CERTIFIED BY
PP. MINISTER
DEPUTY MINISTER
Dang Hoang An
APPENDIX 1
PERIODICAL REPORT ON INVESTMENT REGISTRATION ACTIVITIES AND EXECUTION PROCESS OF WIND POWER PROJECTS IN THE PROVINCE
(Enclosed with the Circular No. 02/2019/TT-BCT dated January 15, 2019 of the Minister of Industry and Trade)
PEOPLE’S COMMITTEE OF … (PROVINCE)
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. ………/BC-……..
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REPORT
Investment registration activities and execution process of wind power projects in … (province)
To: Ministry of Industry and Trade (Electricity and Renewable Energy Authority)
1. Registration and execution process of wind power projects in …. (province)
Ongoing projects of the power development planning: comprehensive information
1.2. Projects with approved investment guidelines: comprehensive information
1.3. Projects registered and implemented: comprehensive information
Summarized schedule of the registration and execution process of wind power projects (enclosed with the Report)
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Name of the first project:
Investor in the project:
Investment license No. ……….date…………. /……../ ………….
Power Purchase Agreement No. …………date…………….signed with the Power Corporation…….
Stage 1 capacity:
Stage 2 capacity:
Time for bringing into operation in stage 1:
Time for bringing into operation in stage 2:
Progress report: (must be evaluated and updated according to the actual implementation process)
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- Formulation and approval for the technical drawing/construction drawing
- Land clearance
- Bidding for construction, installation and purchase of equipment
- Infrastructure execution
- Acceptance and operation
Expected progress of main activities:
- Bidding and purchase of equipment
- Infrastructure execution
- Equipment installation
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3. Weaknesses and recommendations
SCHEDULE FOR SUMMARIZING REGISTRATION AND IMPLEMENTATION PROCESS OF WIND POWER PROJECTS
NO
Name of project/wind measuring pole
Location
Investor
Total installation capacity (MW)
Area (ha)
Total investment (billion)
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Project's current state (operation, feasible study, pre feasible study)
Expected operation year
Project coordinate (clearly specifying the coordinate system, projection “múi chiếu”, region)
Electric power output (kWh/year)
Electrical substation
Transmission line
Connection location
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I
Project name
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1
Tuy Phong wind power plant
Tuy Phong district, Binh Thuan
REVN
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500
1500
1x63 MVA
Line 110kV
Double Circuit AC240, with a length of 3,5 km
TC 110 of electrical substation
110 kV Tuy Phong
2009
Ex: Geographical coordinate system, Latitude/Longitude: 9.256261oN; 105.821856oE. or VN2000 with a projection of 3 or 6 degrees, or coordinate system UTM WGS84 in region 48 or 49; 590272:1023288.
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Total
30,00
500,0
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II
Wind measuring pole
Location
Investor
Measuring height (m)
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Coordinate of wind measurement pole (clearly specifying the coordinate system, projection “múi chiếu”, region)
1
X wind power plant
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X company
Measurement at 03 different heights: 80m, 60m, 40m
10/12/2010
5/21/2012
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2
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Total:
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Contact address: Electricity and Renewable Energy Authority, 23 Ngo Quyen, Hanoi.
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POWER PURCHASE AGREEMENT FOR WIND POWER PROJECTS
(Enclosed with the Circular No. 02/2019/TT-BCT dated January 15, 2019 of the Ministry of Industry and Trade)
POWER PURCHASE AGREEMENT FOR WIND POWER PROJECT
FOR
WIND POWER PROJECT (Specifying the name)
BETWEEN
[NAME OF SELLER]
as “Power Seller" and
[NAME OF BUYER]
as “Power Buyer"
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Article 1. Definition
Article 2. Delivery, purchase and sale of electricity power
Article 3. Connection and metering
Article 4. Operation of the power plant
Article 5. Invoicing and payment
Article 6. Force majeure
Article 7. Term of agreement
Article 8. Breaches, damage compensation and termination of agreement
Article 9. Dispute settlement
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Article 11. Other agreements
Article 12. Implementation commitment
APPENDIX A Agreement on system connection
APPENDIX B Technical specifications of the power plant
APPENDIX C Metering system and data collection
APPENDIX D Requirements before commercial operation
APPENDIX E Electricity payment
APPENDIX G Other agreements
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POWER PURCHASE AGREEMENT
Pursuant to the Law on Electricity dated December 03, 2004; the Law on amendments to some Articles of the Law on Electricity dated November 20, 2012;
Pursuant to the Commercial Law dated June 14, 2005;
Pursuant to Decision No. 37/2011/QD-TTg dated June 29, 2011 of the Prime Minister on mechanism for provision of assistance in development of wind power projects in Vietnam and Decision No. 39/2018/QD-TTg dated September 10, 2018 of the Prime Minister on amendments to some Articles of Decision No. 37/2011/QD-TTg;
Pursuant to Circular No. /2019/TT-BCT dated /2019 of the Ministry of Industry and Trade on wind power project development and power purchase agreement for projects thereof;
According to the demands for purchasing and selling electricity of the two parties,
Today, DD………MM……….YY…………, at…………...
We are:
Seller:
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Phone:…………Fax:…………..
Tax identification number:
Account:…………….Bank:……………
Representative:
Title:
(To be authorized by…………….in accordance with authorization document No., DD………….MM………YY………..)
(hereinafter referred to as "Seller”); and
Buyer;
Address:
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Tax identification number:
Account:…………….Bank:……………
Representative:
Title:
(To be authorized by…………….in accordance with authorization document No., DD………….MM………YY………..)
(hereinafter referred to as "Buyer”).
The parties hereto covenant and agree to sign the power purchase agreement for the purchase and sale of electricity from the wind power plant (Project’s name), with the total installation capacity of [project's capacity], invested in construction by the Seller and operated at [project's location]. The agreement has the following terms and conditions:
Article 1. Definition
In this agreement, the terms below are construed as follows:
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2. Connection point is where the electric line of the Seller is connected to the electric system of the Buyer as agreed in Appendix A of this Agreement.
3. Electricity Delivery Point is where the equipment is installed for metering the power output sold of the Seller.
4. Electricity power purchased/sold is the power generated from the power plant under the possibly greatest generation capacity of the plant minus the power amount for self-use and the loss of the power plant at the electricity delivery point, and calculated by kWh, and accepted to be sold and annually delivered to the Buyer by the Seller, as prescribed in Appendix B of this Agreement.
5. The Agreement includes this text and Appendices hereto.
6. Inter-bank average interest rate is the inter-bank average interest rate of 01-month term quoted by the State Bank of Vietnam at the time of payment.
7. Agreement year is solar year of 12 consecutive months from the first day of January to the last day of December of that year. The first agreement year shall be counted from the date of commercial operation to the last day of December of that first agreement year. The last agreement year shall be counted from the first day of January to the termination day of the agreement.
8. Maturity date is the last day to make the payment from the date on which the Buyer receives the valid and accurate electricity payment bills issued by the Seller as specified in section d, Clause 2, Article 5 hereof.
9. Date of commercial operation is the date on which a partial or the whole grid-connected wind power plant is ready for selling electricity power to the Buyer and satisfies the following requirements: (i) Initial test runs have been completed for a partial or the whole wind power plant and connection equipment; (ii) the Grid-connected wind power plant has been issued with the operation license in the electricity emission field and (iii) the Seller and Buyer have confirmed the electric meter reading for making payment. The initial test runs include: (i) Test on the generation and receipt of reactive power; (ii) AGC connection test; (iii) Reliability test.
10. Power plant includes all electricity emission equipment, safety equipment, connection equipment and relevant auxiliary equipment; land used for the power work and auxiliary work to produce electric power under this agreement of the Seller.
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12. Technical regulations and standards of the electricity industry are regulations, standards and practices applied in the electricity industry and issued by competent authorities of Vietnam or regulations, standards of international organizations or of nations in the region in accordance with regulations of the law, recommendations of equipment manufacturers, taking into account conditions of resources, materials, fuel and techniques affordable to the Vietnam electricity industry in given time.
13. “Regulations on the operation of national electricity system” are legal documents and Procedure for provision of standards of power system operation, conditions and procedures for connection to power grid, regular operation of the electricity system, and electric power measurement and calculation of the electricity transmission and distribution system.
14. Emergency situations are situations that may disrupt the electricity supply to customers of the Buyer, including cases that may cause substantial damage to the national electricity system, thereby threatening the life, property or affecting the technical capacity of the power plant.
Article 2. Delivery, purchase and sale of electricity
1. Electricity delivery
From the date of commercial operation, the Seller agrees to deliver and sell electricity to the Buyer, the Buyer accepts to purchase electric power from the Seller in compliance with regulations of this Agreement.
2. Electricity purchase price
2.1.[9] (Annulled)
2.2.[10] (Annulled)
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3. Electricity purchase and sale
The Seller shall agree to operate the power plant with available capacity of equipment and in accordance with technical regulations and standards of the electricity industry. The Seller is not legally responsible for damage caused to the Buyer as a result of failure to provide adequate electricity if the Seller is not at fault. Unless otherwise permitted by the Buyer in writing, the Seller must not sell electricity to a third party or use for purposes other than production of electricity and sale to the Buyer.
Article 3. Connection and metering
1. Responsibility at electricity delivery point
The Seller shall be responsible for investment, installation of equipment for the purpose of the electricity transmission and delivery to the Buyer at electricity delivery points. The Buyer shall be liable for cooperation with the Seller in implementing this installation.
2. Connection
a) The Seller is responsible for investment, construction, operation and maintenance of connection equipment to connect the power plant to transmission and distribution power grids in accordance with regulations on transmission and distribution power grids and other relevant regulations. The Seller shall bear costs for installing the metering system at the electrical substation as specified in Appendix A hereto.
b) The Buyer shall be liable to consider the technical design and check the adequacy of protection devices. The Buyer must notify the Seller of appraisal results in writing within 30 days after receiving all technical dossiers related to the design. The Buyer must notify in writing of all design errors that are detected. The Seller must make amendments and modifications proposed by the Buyer in accordance with the Regulation on operation of the national electricity system and technical regulations and standards of the electricity industry.
3. Connection standard
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4. Inspection of the implementation of connection standards
When there is a notification in advance, each party has the right to inspect the connection equipment of the other party to ensure that the implementation is compatible with the legal regulations on the operation of national electricity system. The inspection shall not affect the operation of the party being inspected. In case where the devices of the inspected party cannot satisfy the requirements for operation and maintenance, the inspecting party must notify the inspected one of points that need adjustment. The inspected party shall be liable to carry out necessary remedies after receiving the request for reasonable adjustment from the inspecting party.
5. Metering
a) The metering place and technical requirements for the metering system are specified in Appendix C.
b) The Seller shall invest in, install, inspect, manage, operate and maintain the equipment of the main and backup metering systems, as well as carry out initial and annual appraisal of such equipment in accordance with regulations in Circular No. 42/2015/TT-BCT dated December 01, 2015 and valid amended regulations. The metering system shall ensure legality according to the Law on Measurement No. 04/2011/QH13 dated November 11, 2011 and regulations on amendments and replacement of such Law.
c) The periodical appraisal of the metering equipment shall be carried out as follows: once (01) every one (01) year for the power meter; once (01) every five (05) years for current transformers and measuring transformers. The inspection and appraisal of the metering equipment or the confirmation of the accuracy of the equipment thereof shall be carried out by the organization of which the ability for appraising such equipment is recognized and shall be agreed by both parties; and shall follow the process of appraisal of the metering equipment of the State. The metering equipment must be sealed and lead sealed-off after being appraised. The Seller shall bear the appraisal costs.
d) If necessary, one party has the right to request the inspection and supplementation of the metering equipment or the adhoc inspection of equipment and system thereof. If the request is made by the Seller, it must be sent at least 7 (seven) days in advance or at least 14 (fourteen) days in advance before the request date if it is made by the Buyer. The requested party shall send a written reply to the requesting party. The Seller shall organize the inspection and/or appraisal after receiving the request from the Buyer. If the error numbers of the inspected and/or appraised equipment are greater than the permitted numbers, the Seller shall pay the costs for such inspection and/or appraisal; if the error numbers of the above-mentioned equipment are within the permitted scope, the requesting party shall pay the appraisal costs.
e) The Seller shall be liable to notify the Buyer of the appraisal results of the metering equipment. The Seller shall notify the Buyer in advance of the inspection and/or appraisal of the metering system. The Buyer shall appoint persons to participate in witnessing the inspection, appraisal, seal removal, sealing and security lead sealing of power meters.
If the metering equipment has error numbers which are greater than the permitted ones, the Seller shall adjust or replace such equipment. If one party is certain that the above-mentioned equipment is damaged or cannot operate, this party shall timely notify the other party, and the Seller shall check, repair and replace such equipment. The checking, repair and replacement shall be carried out in a shortest time possible.
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g) If the main metering system is affected or the appraisal results show that such system has the error numbers which are greater than the permitted level as prescribed, the power output sold and purchased between both parties during the break down of the system or when the error numbers occur shall be determined as follows:
(i) Use the metering results of the backup metering system to determine the power output for making payment.
(ii) If the backup system also breaks down or the appraisal results show that such system has the error numbers which exceed the permitted ones, the power output used for making payment shall be determined as follows:
- If the main metering system can operate but the error numbers are greater than the permitted level as prescribed, the power output sold and purchased between both parties shall be determined by using the results of the main metering system which are converted to the electric power value equivalent to the error numbers of 0%.
- If the main metering system breaks down and cannot operate, and the backup system can operate but the error numbers are greater than the permitted level as prescribed, the power output sold and purchased between both parties shall be determined by using the results of the backup system which are converted to the electric power value equivalent to the error numbers of 0%.
- If both the main and backup systems break down or cannot operate, both parties shall estimate the delivered and received power output according to the monthly average data (if any) of the power plant in the same payment period of the previous year of the agreement year and the power output shall be reasonably adjusted for the specific invoicing period according to the corresponding data that affects the electricity generation of the power plant, such as the wind parameters, power factors, efficiency coefficient, operation hours and time of the power plant and the self-consumed electricity (hereinafter referred to as "operation parameters") in the time when the metering equipment is broken, unless both parties have another written agreement.
In the absence of reliable data, the estimation of the delivered and received power output according to the monthly average electric power of the power plant over six (06) payment periods shall be made right before the above-mentioned equipment is broken (or less than that if the power plant has not been operated for 06 months), and adjusted according to cessation or to operation parameters, unless both parties have another written agreement.
(iii) On the basis of the measured, calculated and adjusted results which have been agreed by both parties, the Seller shall calculate and determine the amount of money which one party must pay to the other party for the period over which the metering system is inaccurate. Such amount includes the overpaid or underpaid amount and interest thereon according to the average interbank interest rate plus (+) inspection cost prescribed in Point c and Point d, Clause 5 of this Article.
(iv) If the metering equipment is burnt or damaged, the Seller shall replace or repair it in the shortest time possible in order to make such equipment satisfy the technical requirements and re-operate normally. The repaired or replaced equipment shall ensure legality and satisfy the technical requirements before being brought into use.
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Every month (or the period of meter figure inscription agreed by both parties), the Buyer and Seller shall read and record meter figures together.
After giving notification as prescribed, the Buyer may get in the power plant or the place where the metering equipment is installed to record meter figures, check meters and perform other activities related to the fulfillment of obligations of this Agreement. The Buyer’s activities at the power plant shall not affect the normal operation of the Seller. The employees or inspectors appointed by the Buyer must comply with safety regulations and rules of the power plant.
7. Inspection of electricity metering equipment
a) The inspection and appraisal of the metering equipment or the confirmation of the accuracy of the equipment thereof shall comply with regulations on electricity metering and shall be carried out by the competent or authorized organization. The appraisal shall be carried out before the first-time operation of the above-mentioned equipment so as to record the power output sold and purchased of the power plant. All of the above-mentioned equipment shall be lead sealed off and locked off after inspection and the Buyer has the right to witness this process.
b) All electricity metering equipment of the power plant shall be appraised and on a yearly basis as agreed by both parties and in accordance with regulations on appraisal of the electricity metering equipment issued by the competent agency. Appraisal costs are paid by the Seller. If necessary, one party may propose to inspect the accuracy of any electricity metering equipment. The costs for inspection shall be borne by the proposing party. Inspection results of the above-mentioned equipment must be sent to the other party upon request. If the metering equipment has the error numbers which are greater than the permitted level prescribed in regulations on metering, the Seller shall take the responsibility for adjusting or replacing such equipment. If the Buyer does not make enough electricity payment due to the error numbers of the above-mentioned equipment, the Buyer shall reimburse the Seller based on the average interbank interest rates. If the Buyer makes a surplus payment due to the error numbers of the metering equipment, the Seller shall return the excess amount of money plus the interest rate of the excess amount collected based on the average transaction interests of inter-bank and the expenses for inspecting the metering equipment to the Buyer. Each party shall be promptly notified and has the right to appoint persons to participate in removing seals, inspecting, appraising and lead-sealing off the meters. If one party is certain that the meter is damaged or cannot operate, this party shall timely notify the other party, and the party having the meter shall inspect and repair such meter.
8. Electricity ownership transfer
At electricity delivery points, the electricity ownership is transferred from the Seller to the Buyer. At this point, the Buyer has the right to own, control and take responsibility for the received electric power.
Article 4. Operation of the power plant
The Seller shall operate the power plant in accordance with regulations on operation of the national electricity system, technical regulations and standards of the electricity industry and other relevant regulations.
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a) Prior to the effective date of this agreement, the Seller shall provide the Buyer with charts on capability for annual average electric power generation of the power plant on a monthly basis and in compliance with the basic design of such power plant;
b) Before November 30 every year. The Seller shall provide the Buyer with the electricity production plan for the next year, including:
- Monthly operation plans of the year (power output and available capacity);
- Maintenance and repair schedule in months of the year (if any).
c) The Seller shall provide the information about maintenance and repairing plans and plans for utilizing groups of electric power generating machines for the power system regulation unit (according to regulation control level) in compliance with the Regulation on the operation of national electricity system.
2. Power outage
The Seller shall inform the Buyer of the schedule and time expected for power outage to repair as planned and unscheduled in accordance with regulations on the operation of national electricity system.
3. Operation of power grids
a) The Seller shall be responsible for management, operation and maintenance of the electrical equipment and power grids under the management scope for properties prescribed in the Agreement on connection with power grid management units, ensuring the compliance with the Regulation on the operation of national electricity system; technical regulations and standards of the electricity industry; and the electricity selling and buying under the power purchase agreement.
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4. Interruption in receiving and buying electricity
The Buyer shall not be liable for obligations to buy or receive electricity in the following cases:
a) The power plant of the Seller operates and carries out maintenance against the Regulation on the operation of national electricity system and technical regulations and standards of the electricity industry;
b) The Buyer installs equipment, repairs, replaces, inspects or examines electrical grids in a manner that directly involves connection of the power plant of the Seller and complies with Regulation on the operation of national electricity system and technical regulations and standards of the electricity industry
c) Power grids transmitted and/or distributed in different areas have problems or the equipment directly connected to the power grids thereof have problems or their operation mechanism violates the Regulation on the operation of national electricity system and technical regulations and standards of the electricity industry.
d) Power grids of the Buyer need recovery solutions after incidents in accordance with the Regulation on the operation of national electricity system and standards and technical regulations of the electricity industry.
5. Interruption in delivering and selling electricity
The Seller may cease or reduce the amount of electricity sold and delivered to the Buyer in the event of equipment installation, repair, replacement, inspection or appraisal or repair of the power plant that directly affect the distribution of electric power to the Buyer.
Before ceasing or reducing the amount of electricity delivered to the Buyer, the Seller must notify the Buyer in advance for at least 10 days and clearly state the reasons, expected starting time and duration of interruption.
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The Buyer shall be responsible for reducing the duration of reduction or cessation of the receipt of electricity in the cases specified in Clause 5 of this Article in accordance with the Regulation on the operation of national electricity system, troubleshooting process of the system thereof and technical regulations and standards of the electricity industry. Except for emergency cases, if the Buyer temporarily reduces or ceases the receipt of electricity, the Buyer shall notify the Seller in advance at least 10 days and clearly specify the reasons, expected starting time and duration of interruption. If necessary, the Buyer shall convey regulation commands on operation from the electricity system regulation unit related to the operation of the power plant to the Seller in accordance with the Regulation on the operation of national electricity system and technical regulations and standards of the electricity industry, and the Seller shall be liable to comply with those commands, except for cases that those commands change the plant’s characteristics that need mobilization.
7. Power Coefficient
The Seller agrees to operate the power plant synchronized with power grids of the Buyer with the capacity coefficient determined in accordance with the applicable regulations on the electricity distribution and transmission system. Such coefficient is determined for the Buyer at the electricity delivery point.
8. Synchronous operation
The Seller shall be liable to inform the Buyer in writing at least 30 days before the first-time synchronization between the electricity machine groups of the Seller with the power grids of the Buyer. The Seller shall cooperate with the Buyer in operation during the first-time and subsequent synchronizations.
9. Standards
The Seller and the Buyer must comply with the regulations related to the delivery and receipt of electricity according to the regulation on distribution power grids, regulation on electricity metering and legislative documents related to the electricity industry.
10. Confirmation of the date of commercial operation of the power plant
90 days prior to the expected date of commercial operation specified in this Agreement, the Seller shall send the draft procedure for test run of the power plant in accordance with applicable regulations and technical and technological standards of the wind power plant so that both parties agree on the date of commercial operation and the calculated power output of the test run of the power plant.
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From 6 months to 12 months prior to commercial operation date specified under Appendix D, the Seller must officially verify any change to the commercial operation date. Parties must cooperate in changing commercial operation date and the Buyer cannot reject request for changing commercial operation date without appropriate reasons.
Article 5. Invoicing and payment
1. Invoicing
Every month (or the period of inscription of meter figures as agreed by both parties), the Buyer and Seller shall read and record the meter figures together on the agreed day to determine the amount of delivered electricity in the month The Seller shall record meter figures by using the prescribed form under certification of the representative of the Buyer and send results of meter readings with invoices in writing (or by fax, by email in form of copies and subsequent official dispatches) to the Buyer within 10 (ten) working days after recording the meter figures.
2. Payment
a) Payment dossier: Before the 5th day of every month, the Seller shall send an electricity payment notification enclosed with a payment dossier of the previous month to the Buyer
b) Within 05 working days after receiving the payment dossier from the Seller, the Buyer shall check such dossier and notify the Seller of any detected mistakes. After the above-mentioned period, if the Buyer does not provide any feedback, the payment dossier will be accepted.
c) Within 03 working days after the payment dossier is accepted, the Seller shall issue and send the electricity invoice to the Buyer. The invoice shall be made in accordance with the regulations of the Ministry of Finance.
d) Within 25 working days after receiving the valid and accurate electricity invoice from the Seller, the Buyer shall pay the amount of money specified in such invoice to the Seller by bank transfer.
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g) If the Buyer does not read the meter figures together with the Seller as specified in Clause 1 of this Article, the Buyer shall still fulfill the obligation to make payment of the delivered electric power to the Seller.
3. Estimation of sold electricity
In case where there is not enough necessary data to determine the amount of electricity or payment that the Buyer owes the Seller, except for cases referred in Clause 5 of this Article, the Seller shall estimate such data and adjust payment as in actual situation for subsequent payments.
4. Application and replacement order for meter figures
To determine the power output received and accepted in a payment period by the Buyer, the recording of electricity output, invoicing and payment shall be based on estimates according to the following order:
a) Major meter figures at the power plant during the payment period. Such figures are accurate and consistent with regulations in Clause 5, Article 3 of this agreement.
b) Backup meter figures at the power plant, when backup meter figure is used to meter the delivered electricity output in a manner that is accurate and complies with regulations in Clause 8, Article 3 hereof;
c) When all meters do not accurately record the amount of electricity delivered, the delivered power output according to average monthly data (if any) of the power plant shall be estimated in the same payment period of the previous year of the agreement year and shall be reasonably adjusted for specific invoicing period based on the available corresponding data, affecting the electricity generation of the power plant as wind parameters, efficiency, operation hours, operation duration and self-consumed electricity (generally referred to as "operation parameters") in the time the meters are broken.
In the absence of reliable data, the estimation of power output delivered based on the monthly average electricity of the power plant over six (06) payment periods shall be made right before the point the above-mentioned equipment is broken (or less than that if the power plant has not been operated for 06 months) and the power output shall be adjusted according to the cessation duration or operation parameters.
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a) In case one party does not agree with all or parts of the invoice for the power output delivered or the amount of payment, the party shall be liable to notify the other party in writing prior to the payment deadline. After receipt of notification that the parties cannot reach an agreement for settlement, the duration for one or all parties to take this dispute to arbitration is 01 year from the date on which the Buyer receives a valid invoice.
b) In case the Seller wins in dispute settlement under Clause 1 and Clause 2, Article 8 of this Agreement, the Buyer must pay the Seller all the dispute expenses plus the interest rate calculated according to interbank average exchange rate with the monthly compound interest from the payment due date to the date on which the payment is made. In case the Buyer wins, the Seller shall refund the received dispute expenses plus the interest rate calculated according to interbank average exchange rate with the monthly compound interest from the date on which the payment is received to the date on which the payment is made. All payment referred herein must be done within 15 days after receipt of the final decision on dispute settlement according to Article 8 hereof.
Article 6. Force majeure
1. Force majeure
Force majeure events are events that objectively occur and cannot be anticipated or overcome although all necessary and available measures are taken. Force majeure events include:
a) Natural disasters, fires, explosions, floods, tsunamis, epidemics or earthquakes;
b) Violence, riots, war, resistance, sabotage, embargo, besiegement, blockade, or any act of war or hostilities against the community whether the war is declared or not.
2. Settlement in case of force majeure events
In case of force majeure events, the party invoking force majeure shall:
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b) Try all their best to perform their obligations specified in the agreement;
c) Timely carry out necessary activities to overcome force majeure events and provide evidences to demonstrate their reasonable efforts to overcome force majeure events;
d) Take necessary measures to minimize harms to the parties of the Agreement;
dd) Quickly notify parties of the termination of force majeure events.
3. Consequences of force majeure events
After the violating party takes all the measures specified in Clause 2 of this Article, such party shall be exempted from liability related to the failure to perform obligations under the agreement due to force majeure events, except the liability related to the due payments payable specified in this agreement before such force majeure events occur.
4. Duration of force majeure events
If the force majeure events prevent a party from fulfilling their obligations under this agreement within a period of 01 year, the other party shall have the right to unilaterally terminate the agreement after 60 days from the date on which the notification is received, unless the obligations are fulfilled within these 60 days. The parties shall organize a meeting to find, negotiate and agree on reasonable and appropriate measures.
Article 7. Term of agreement
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Parties may extend the term of this agreement or enter new agreement as per the law when this agreement expires.
Article 8. Breaches, damage compensation and termination of agreement
1. Breaches committed by the Seller
a) The Seller cannot run the date of commercial operation as prescribed in Appendix D within 03 consecutive months, except for force majeure events, case where the date of commercial operation is changed as specified in Clause 11 of Article 4 hereof, or case where the competent authority permits the extension of investment process specified in applicable regulations;
b) The Seller fails to perform or comply with the contents of the agreement within 60 days after receiving the written notification from the Buyer;
In case where the Seller has tried to rectify violations within the 60 days herein, but the rectification cannot be completed within such period, the Seller may lengthen the duration for rectification to a maximum of 01 year after receiving the written notice of violations committed the Seller, except for case where the competent authority allows the extension of investment project as specified in applicable regulations The Seller shall continue to rectify the violations within the shortest time possible, except for the cases mentioned in Article 6 hereof;
c) The Seller denies the validity of a part or the whole of the agreement;
d) The Seller commits serious violations against commitment according to Article 12 of this agreement.
2. Breaches committed by the Buyer
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In case where the Buyer has tried to rectify violations within the 60 days herein, but the rectification cannot be completed within such period, the Buyer may lengthen the duration for rectification to a maximum of 01 year after receiving the written notice of violations committed the Buyer. The Buyer shall continue to rectify the violations within the shortest time possible, except for the cases mentioned in Article 6 hereof;
b) The Buyer fails to pay an amount of payment without disputes under the agreement on the due date of payment and such failure to make payment continues to last over 90 days without sound reasons;
c) The Buyer denies the validity of a part or the whole of the agreement;
d) The Buyer commits serious violations against commitment according to Article 12 of this agreement.
3. Procedures for remedial measures and actions against breaches of the agreement
In case of breaches of the agreement, the aggrieved party shall send a written notice to the breaking party. The breaking party shall cooperate in settling the breaches of the agreement.
4. Compensation for damages
a) The party breaking the agreement shall be obliged to pay the compensation for damages caused by violations to the aggrieved party. Compensation value includes the value of actual and direct losses that the aggrieved party suffers and is caused by the breaking party, and direct benefits that the aggrieved party should have received if there are no violations;
b) The aggrieved party shall demonstrate its loss and loss degree due to breaches and the direct benefits which the aggrieved party should have received if there are no violations.
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In case the breaches cannot be resolved in accordance with Clause 3 of this Article, the aggrieved party may continue to request the breaking party to rectify their violations or to terminate the agreement by sending notification to the breaking party. After the aggrieved party chooses to terminate the agreement under provisions of this agreement, the parties are not required to perform the contractual obligations, except for cases prescribed in Article 7 and the aggrieved party has the right to request the breaking party to pay for the damages. The compensation value is determined in accordance with Clause 4 of this Article.
Article 9. Dispute settlement
1. Settling the disputes by negotiation
In case of disputes between parties of this Agreement, the party provoking the disputes must notify the other party in written form of the disputes and requirements within a specific time. The parties shall negotiate to resolve the disputes within 60 days after receiving the notification from the party provoking the disputes. Dispute settlement related to the electricity payment shall be done within a period of 15 days after the notification of the requesting party is received.
After the above-mentioned term, if agreement and consensus cannot be reached, the parties have the rights to send a written request to the Electricity and Renewable Energy Authority for support for settling the disputes.
The mechanism for dispute settlement shall not be applied for disputes that do not directly occur from this agreement between one party of the agreement and the third party.
2. Settling disputes in compliance with regulations of the law
In case disputes cannot be settled by negotiations specified in Clause 1 of this Article or one of the parties does not comply with the results of negotiation, a party or parties may request dispute settlement in accordance with regulations in Circular No. 40/2010/TT-BCT dated December 13, 2010 of the Ministry of Industry and Trade on procedures for settlement of disputes in the electricity market or related law regulations.
Article 10. Mandate, transfer and restructuring
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In case where one party mandates or transfers this Agreement or this party's assets are frozen under the rights and obligations of such agreement, the parties’ legal representatives and authorized parties shall enforce these rights and obligations.
In case where the Seller transfers or mandates the implementation of this Agreement, the Seller must obtain the written consensus from the Buyer. If the mandate of the Seller has the value equivalent to the value of equipment which can be operated, construction value and land value, it is the valid mandate under this Agreement.
The mandating or transferring party shall send a written notification of the mandate or transfer to the other party.
2. Restructuring
In case the restructuring of the electricity industry affects the rights and obligations of the Seller or the Buyer of this agreement, the implementation of the agreement shall be transferred to the receiving units. The Buyer must be responsible for the certification and guarantee in writing that the receiving units shall bear the obligations to purchase or distribute electricity and other rights and obligations under this Agreement.
3. Choosing to participate in the electricity market
The Seller shall have the right to choose to participate in electricity market in accordance with the regulations on competitive electricity market. In this case, the Seller must send the written notification in advance for 120 days to the Buyer and the Electricity Regulatory Authority of Vietnam and may unilaterally terminate the agreement after sending the notification as prescribed,
Article 11. Other agreements
1. Agreement amendment
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2. Cooperation responsibility
The Seller has the obligation to perform legal procedures related to the power plant. The Buyer is responsible for the cooperation with the Seller in providing documents and relevant data for the Buyer to obtain a license, approval, permission and the necessary approval from competent state agencies related to the power plant's location, investment, transmission or sale of power output, and ownership and operation of the power plant. Also, the Buyer shall cooperate with the Seller in carrying out other necessary activities to perform the agreement between the parties.
3. Applicable law
The agreement shall be interpreted and executed as per Vietnamese laws.
4. Waiver of rights
The failure to exercise the Parties’ rights under this agreement at any time shall not affect the exercise of rights under the agreement later. The parties have agreed that the statement of failure to exercise the rights of one party for any commitment or condition under the agreement or any breach of agreement shall not be deemed that such party waives the similar rights later.
5. Independence of contents of the agreement
In case where a content of this agreement is considered inconsistent with the law regulations or invalid under the court’s ruling, other contents of the agreement still take effect, if these contents fully demonstrate the Agreement without the invalid contents.
6. Notification
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a) Seller:
General Director, ........................,......................, Vietnam
b) Buyer: ………………..,………………., Vietnam
c) In the notifications, the parties shall specify the sender’s address or the recipient’s address in the form prescribed in this Clause.
d) Each notification, invoice or information exchange sent by mail, exchanged and transmitted by the above-mentioned methods are considered delivered and received at the time it is delivered to the recipient’s address or at the time it is refused by the recipient of the above address.
7. Security
The Buyer agrees to secure information of the power plant under Appendices of the agreement, except for cases where such information has been previously publicized by the Seller or competent authorities.
8. Agreement completion
This Agreement is a final complete consensus between the parties and replaces the discussed contents, information, and correspondences exchanged before the signing of this Agreement.
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The two parties commit to implement this Agreement as follows:
1. Each party is legally established for business in Vietnam.
2. The signing and implementation of this Agreement by each party are carried out in accordance with the conditions and contents of the electricity license issued by the competent authority and relevant regulations of the law.
3. The parties have no legal or administrative acts preventing or affecting implementation of this Agreement by the other party.
4. A party’s signing and implementation of the agreement shall not violate any term of other agreements or documents of other agreements to which that party is a signatory.
This Agreement is made in 12 copies with Appendices attached thereto that have equal validity, each party holds 05 copies, the Seller shall be responsible for sending 01 power purchase agreement to the Electricity Regulatory Authority and 01 power purchase agreement to Electricity and Renewable Energy Authority.
SELLER’S REPRESENTATIVE
(Position)
(Seal and signature)
(Full name)
BUYER’S REPRESENTATIVE
(Position)
(Seal and signature)
(Full name)
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APPENDIX A
SYSTEM CONNECTION AGREEMENT
(Be separately applied to different projects depending on technical specifications of the projects, including one-line diagram of connection equipment and lists of characteristics of the metering system and the electric voltage and connection requirements)
APPENDIX B
TECHNICAL SPECIFICATIONS OF THE POWER PLANT
Part A. General specifications
1. Name:
………………………………………………………………………………………………………
2. Location:
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3. Norm capacity:
………………………………………………………………………………………………………
4. Capacity sold to the Buyer: minimum of…………………. kW; maximum of……………
5. Self-consumed capacity of the power plant: minimum of ………… kW; maximum of ……………. kW
6. Expected annual power output:
………………………………………………… kWh
7. Date of completion of construction of the power plant:
………………………………………………
8. Expected commercial operation date of the power plant:
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9. Voltage generated to distribution grids:
………………………………………………………………… V
10. Connection point to distribution grids:
………………………………………………………………
11. Place where the metering equipment is installed:
………………………………………………………………
Part B. Operation specifications of specific technology
1. Electricity generation technology:
………………………………………………………………………………………………………
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APPENDIX C
METERING SYSTEM AND DATA COLLECTION
APPENDIX D
REQUIREMENTS BEFORE DATE OF COMMERCIAL OPERATION
(Commitment on date of commercial operation, agreement on procedures for carrying out initial test run and bringing the power plant into commercial operation, etc.)
APPENDIX E
ELECTRICITY PAYMENT
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APPENDIX G
OTHER AGREEMENTS
[1] Circular No. 42/2019/TT-BCT on amendments to some provisions on periodical reporting in Circulars promulgated or jointly promulgated by the Minister of Industry and Trade, which comes into force from February 05, 2020 is promulgated pursuant to:
“Government’s Decree No. 98/2017/ND-CP dated August 18, 2017 on functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
“Government’s Decree No. 09/2019/ND-CP dated January 24, 2019 on reporting regime of national administrative agencies;
At the request of the Chief of the Office;"
[2] Circular No. 01/2023/TT-BCT on annulment of certain regulations of Circular No. 02/2019/TT-BCT dated January 15, 2019 of the Minister of Industry and Trade on wind power project development and power purchase agreement for projects thereof and Circular No. 18/2020/TT-BCT dated July 17, 2020 of the Minister of Industry and Trade on solar power project development and power purchase agreement for projects thereof is promulgated pursuant to:
“The Law on Promulgation of Legislative Documents dated June 22, 2015; the Law on amendments to the Law on Promulgation of Legislative Documents dated June 18, 2020;
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The Law on Planning dated November 24, 2017;
The Law on Construction No. 50/2014/QH13 amended by the Law No. 03/2016/QH14, the Law No. 35/2018/QH14, the Law No. 40/2019/QH14 and the Law No. 62/2020/QH14;
Resolution No. 61/2022/QH15 of the National Assembly on continuation in enhancement of efficiency and effectiveness of implementation of policies and law on planning and some measures for removing difficulties and obstacles, and acceleration in formulation and improvement of quality of planning for the period of 2021-2030;
Government’s Decree No. 96/2022/ND-CP dated November 29, 2022 on functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
Government’s Decree No. 37/2019/ND-CP dated May 07, 2019 on elaboration of the law on planning;
Government’s Decree No. 137/2013/ND-CP dated October 21, 2013 on elaboration of implementation of some Articles of the Electricity Law, and the Law on amendments to some Articles of the Electricity Law;
Decision No. 37/2011/QD-TTg dated June 29, 2011 of the Prime Minister on mechanism for provision of assistance in development of wind power projects in Vietnam amended by Decision No. 39/2018/QD-TTg dated September 10, 2018 of the Prime Minister;
Decision No. 13/2020/QD-TTg dated April 06, 2020 of the Prime Minister on mechanism for provision of assistance in development of solar power projects in Vietnam;
At the request of Director General of Electricity and Renewable Energy Authority,”
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[4] This Article is annulled by Clause 2 Article 1 of Circular No. 01/2023/TT-BCT on annulment of certain regulations of Circular No. 02/2019/TT-BCT dated January 15, 2019 of the Minister of Industry and Trade on wind power project development and power purchase agreement for projects thereof and Circular No. 18/2020/TT-BCT dated July 17, 2020 of the Minister of Industry and Trade on solar power project development and power purchase agreement for projects thereof, which comes into force from January 19, 2023.
[5] This Article is annulled by Clause 2 Article 1 of Circular No. 01/2023/TT-BCT on annulment of certain regulations of Circular No. 02/2019/TT-BCT dated January 15, 2019 of the Minister of Industry and Trade on wind power project development and power purchase agreement for projects thereof and Circular No. 18/2020/TT-BCT dated July 17, 2020 of the Minister of Industry and Trade on solar power project development and power purchase agreement for projects thereof, which comes into force from January 19, 2023.
[6] This Clause is annulled by Clause 3 Article 1 of Circular No. 01/2023/TT-BCT on annulment of certain regulations of Circular No. 02/2019/TT-BCT dated January 15, 2019 of the Minister of Industry and Trade on wind power project development and power purchase agreement for projects thereof and Circular No. 18/2020/TT-BCT dated July 17, 2020 of the Minister of Industry and Trade on solar power project development and power purchase agreement for projects thereof, which comes into force from January 19, 2023.
[7] This Clause is amended by Article 32 of Circular No. 42/2019/TT-BCT on amendments to some provisions on periodical reporting in Circulars promulgated or jointly promulgated by the Minister of Industry and Trade, which comes into force from February 05, 2020.
[8] This Point is annulled by Clause 4 Article 1 of Circular No. 01/2023/TT-BCT on annulment of certain regulations of Circular No. 02/2019/TT-BCT dated January 15, 2019 of the Minister of Industry and Trade on wind power project development and power purchase agreement for projects thereof and Circular No. 18/2020/TT-BCT dated July 17, 2020 of the Minister of Industry and Trade on solar power project development and power purchase agreement for projects thereof, which comes into force from January 19, 2023.
[9] This content is annulled by Point a Clause 5 Article 1 of Circular No. 01/2023/TT-BCT on annulment of certain regulations of Circular No. 02/2019/TT-BCT dated January 15, 2019 of the Minister of Industry and Trade on wind power project development and power purchase agreement for projects thereof and Circular No. 18/2020/TT-BCT dated July 17, 2020 of the Minister of Industry and Trade on solar power project development and power purchase agreement for projects thereof, which comes into force from January 19, 2023.
[10] This content is annulled by Point a Clause 5 Article 1 of Circular No. 01/2023/TT-BCT on annulment of certain regulations of Circular No. 02/2019/TT-BCT dated January 15, 2019 of the Minister of Industry and Trade on wind power project development and power purchase agreement for projects thereof and Circular No. 18/2020/TT-BCT dated July 17, 2020 of the Minister of Industry and Trade on solar power project development and power purchase agreement for projects thereof, which comes into force from January 19, 2023.
[11] This content is annulled by Point b Clause 5 Article 1 of Circular No. 01/2023/TT-BCT on annulment of certain regulations of Circular No. 02/2019/TT-BCT dated January 15, 2019 of the Minister of Industry and Trade on wind power project development and power purchase agreement for projects thereof and Circular No. 18/2020/TT-BCT dated July 17, 2020 of the Minister of Industry and Trade on solar power project development and power purchase agreement for projects thereof, which comes into force from January 19, 2023.
File gốc của Integrated document No. 06/VBHN-BCT dated February 21, 2023 Circular on wind power project development and power purchase agreement for projects thereof đang được cập nhật.
Integrated document No. 06/VBHN-BCT dated February 21, 2023 Circular on wind power project development and power purchase agreement for projects thereof
Tóm tắt
| Cơ quan ban hành | Bộ Công thương |
| Số hiệu | 06/VBHN-BCT |
| Loại văn bản | Văn bản hợp nhất |
| Người ký | Đặng Hoàng An |
| Ngày ban hành | 2023-02-21 |
| Ngày hiệu lực | 2023-02-21 |
| Lĩnh vực | Thương mại |
| Tình trạng | Còn hiệu lực |