Chương IV: Trình tự thực hiện và chế độ báo cáo

DECREE

MECHANISMS FOR DIRECT POWER TRADING BETWEEN RENEWABLE ENERGY GENERATION UNITS AND LARGE ELECTRICITY CONSUMERS

Pursuant to the Law on Government Organization dated February 18, 2025;  

Pursuant to the Law on Electricity dated November 30, 2024;

At the request of the Minister of Industry and Trade of Vietnam;

The Government of Vietnam hereby promulgates a Decree on the mechanisms for direct power trading between renewable energy generation units and large electricity consumers.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for the mechanisms for direct power trading between renewable energy generation units and large electricity consumers.

Article 2. Regulated entities

1. Entities involved in direct power trading through private connection grids include:

a) Renewable energy generation units;

b) Large electricity consumers.

2. Entities involved in power trading through the national grid include:

a) Units generating renewable energy from wind, solar, or biomass sources with a generation capacity of at least 10 MW connected to the national power system directly participating in the competitive wholesale electricity market;

b) Large electricity consumers using electricity for production purposes or engagement in the business of charging services for traffic vehicles who purchase electricity from power corporations, power companies, and electricity retailers connecting and providing voltage levels from 22kV or higher;

c) Electricity retailers in clusters and zones authorized by large electricity consumers prescribed in Point b of this Clause to purchase electricity from power corporations and power companies and conclude forward electricity agreements with renewable energy generation units (hereinafter referred to as “authorized electricity retailers in clusters and zones”).

3. Other entities:

a) Units operating electricity systems and electricity markets;

b) Electricity transmission units;

c) Power corporations, power companies, and other electricity retailers;

d) Vietnam Electricity (EVN).

Article 3. Interpretation of terms

For the purpose of this Decree, the following terms shall be construed as follows:

1. “Trading period” is 30 minutes from the start of every 30 minutes in a trading day.

2. “Power companies” are affiliates or subsidiaries of power corporations.

3. “Roof-top solar power” refers to electricity produced from solar panels following the principle of converting optical energy into electricity installed on the roofs of construction works and connected with electrical devices for electricity generation.

4. “Delivered electricity” refers to all the electricity a seller delivers to a buyer used for payment between both parties.

5. “Renewable energy generation units” refer to electricity units possessing renewable energy power plants prescribed in Clause 14 Article 4 of the Law on Electricity No. 61/2024/QH15.

6. “Electricity retailers in industrial zones, economic zones, export-processing zones, industrial clusters, hi-tech parks, centralized information technology parks, hi-tech application agricultural parks, and equivalents prescribed by competent authorities (hereinafter referred to as “electricity retailers in clusters and zones”)” are electricity units licensed to engage in electricity operations concerning electricity retail in the mentioned zones and clusters.

7. “Electricity system and market operation units” refer to units implementing the rights and obligations of national power system dispatch units and electricity market transaction regulation units according to the Law on Electricity (currently the National Power System and Market Operator Single-member Limited Liability Company – NSMO).

8. “Power purchase agreement in the spot market” applies to the electricity trading of each power plant that includes the main contents specific in Appendix I enclosed herewith.

9. “Consumers” are agencies, organizations, and individuals purchasing electricity for use and not for reselling such electricity to other agencies, organizations, and individuals.  

10. “Large electricity consumers” are consumers with large electricity capacity and consumption according to the regulations of the Minister of Industry and Trade of Vietnam in conformity with each development period of the electricity system.

11. “Private connection grids” are overhead power line systems or underground cables, transformers, and support equipment linked together for electricity transmission or the private connection grid section among the roof-top solar power system invested, installed, developed, and operated by renewable energy generation units for direct electricity sale to large electricity consumers unless otherwise agreed on by relevant parties.

12. “National grid” is the overhead power line system or underground cables, transformers, and support equipment linked together for electricity transmission in the territory of the Socialist Republic of Vietnam.

13. “Year N” is the current year on the Gregorian calendar.

14. “Year N+1” is the year following the current year on the Gregorian calendar.

15. “Year N-1” is the year preceding the current year on the Gregorian calendar.

16. “Year N-2” is the year preceding the year N-1 on the Gregorian calendar.

17. “Excessive electricity” refers to the electricity of renewable energy generation units generated to the national grid or grids of zones and clusters when they fail to sell all of their electricity to large electricity consumers through private connection grids.

18. “Month M” is the current month on the Gregorian calendar.

19. “Month M-1” is the month preceding the current month on the Gregorian calendar.

20. “Power corporations” are the Northern Power Corporation, Southern Power Corporation, Central Power Corporation, Power Corporation of Hanoi City, and Power Corporation of Ho Chi Minh City.

Article 4. Direct electricity trading mechanisms

Direct electricity trading refers to activities of electricity trading carried out between renewable energy generation units and large electricity consumers through the following 2 forms: 

1. Direct electricity trading through private connection grids means activities of concluding agreements on power purchase and electricity delivery through private connection grids between renewable energy generation units and large electricity consumers under Chapter II of this Decree. 

2. Direct electricity trading through the national grid means activities of electricity trading and delivery between renewable energy generation units and large electricity consumers (or authorized electricity retailers in clusters and zones), carried out under Chapter III of this Decree, including:

a) Renewable energy generation units selling all of their produced electricity on the spot electricity market of the competitive wholesale electricity market;

b) Large electricity consumers (or authorized electricity retailers in clusters and zones) concluding forward electricity agreements with renewable energy generation units; 

c) Large electricity consumers (or authorized electricity retailers in clusters and zones) concluding power purchase agreements to purchase all the electricity that meets their demands with power corporations and power companies.

Article 5. General requirements for renewable energy generation units and large electricity consumers

1. Renewable energy generation units and large electricity consumers shall comply with planning laws and investment laws (within the responsibilities of investors of electricity source works, including conformity with national electricity development planning, schemes for development of power supply grids in provincial planning, plans to implement national electricity development planning, and plans to implement provincial planning, which have content concerning schemes for development of power supply grids, plans for land use in provinces with implementation works, and decisions on adjustments (if any)); regulations on electricity operation licensing (within the responsibilities of investors of electricity source works); regulations on electricity in construction and operation (electricity generation, transmission, and distribution) and electricity use safety; regulations on construction, land, environmental protection, and fire and explosion safety; regulations prescribed in power purchase agreements; regulations on power trading and other regulations of relevant laws.

2. Regarding large electricity consumers

a) At the time of applying for participation in direct electricity trading:

Regarding large electricity consumers using electricity for 12 months or more: the total average electricity consumption in the 12 latest months (determined based on the electricity purchased from a power corporation (or authorized or decentralized unit) or power company) shall not be lower than the prescribed electricity consumption of large electricity consumers in regulations on the operation of the competitive wholesale electricity market promulgated by the Ministry of Industry and Trade of Vietnam.

Regarding large electricity consumers using electricity for less than 12 months: the registered electricity shall be calculated based on the expected consumption of electricity purchased from a power corporation (or authorized or decentralized unit) or power company and shall not be lower than the prescribed electricity consumption of large electricity consumers in regulations on the operation of the competitive wholesale electricity market promulgated by the Ministry of Industry and Trade of Vietnam.

b) Conditions for large electricity consumers to participate in direct electricity trading in Year N+1:

Large electricity consumers participating in direct electricity trading for less than 12 months may continue to participate in direct electricity trading in Year N+1.

Large electricity consumers participating in direct electricity trading for 12 months or more shall have the average electricity consumption from November of year N-1 to the end of October of year N (determined based on the electricity purchased from a power corporation (or authorized or decentralized unit) or power company) be no lower than the prescribed electricity consumption of large electricity consumers in regulations on the operation of the competitive wholesale electricity market promulgated by the Ministry of Industry and Trade of Vietnam.  

Chapter II

DIRECT ELECTRICITY TRADING THROUGH PRIVATE CONNECTION GRIDS

Article 6. Principles of direct electricity trading through private connection grids

1. Renewable energy generation units and large electricity consumers shall carry out direct electricity trading through private connection grids under the following principles:

a) A power purchase agreement between a renewable energy generation unit and a large electricity consumer agreed on by both parties shall conform with Article 44 of the Law on Electricity and relevant laws, including the following main contents: information on both parties; use purposes; standards and quality of services; rights and obligations of both parties; electricity price and payment method and deadline; conditions for agreement termination; responsibilities upon a breach of the agreement; duration of the agreement; responsibility for investing, developing, and managing private connection grids; other contents agreed on by both parties;

b) Both parties shall agree on the electricity price, but it shall not exceed the maximum price of the electricity generation bracket of the corresponding electricity source type.

2. Excluding the cases prescribed in Clauses 3 and 4 of this Article, excessive electricity of renewable energy generation units shall be sold to EVN, power corporations, and power companies. Concerned parties shall agree on excessive electricity and its price (up to the maximum price of the electricity generation bracket of the corresponding electricity source type).

3. Excessive electricity from renewable energy generation units investing in and installing roof-top solar power systems sold to EVN, power corporations, and power companies shall be no more than 20% of the generated electricity. The price of excessive electricity is the average market price of the preceding year announced by the renewable energy generation units and the electricity market, up to the maximum price of the electricity generation bracket of terrestrial solar power.

4. Where renewable energy generation units investing in and installing roof-top solar power systems sell electricity directly to large electricity consumers in clusters and zones and sell excessive electricity to electricity retailers in clusters and zones, excessive electricity and its price shall be agreed on by the concerned parties, up to the maximum price of the electricity generation bracket of terrestrial solar power.

5. Aside from activities of direct electricity trading through private connection grids prescribed in Clause 1 of this Article, to ensure the sufficient supply of electricity by electricity use demands, large electricity consumers may purchase electricity from power corporations, power companies, or electricity retailers in clusters and zones according to current regulations.

Article 7. Responsibilities of renewable energy generation units

1. Renewable energy generation units shall comply with Article 59 of the Law on Electricity and shall:  

a) Comply with regulations on dispatching and operating the national electricity system and electricity transmission, distribution, and measurement systems promulgated by the Ministry of Industry and Trade of Vietnam;

b) Comply with regulations on electricity generation safety prescribed in Article 71 of the Law on Electricity and its guiding documents;

c) Comply with regulations on safety in electricity transmission and distribution prescribed in Article 72 of the Law on Electricity and its guiding documents;

d) Comply with laws on investment, construction, land, firefighting, fire prevention, fire and explosion prevention, environmental protection, electricity safety for electricity works, and other relevant laws.

2. Aside from the responsibilities prescribed in Clause 1 of this Article, renewable energy generation units investing in and installing roof-top solar power systems selling electricity directly to large electricity consumers in clusters and zones shall make agreements with retailers in clusters and zones on the cost of the provision of grid use services within clusters and zones in conformity with the law.

Article 8. Responsibilities of large electricity consumers

1. Large electricity consumers shall comply with Article 66 of the Law on Electricity and shall: 

a) Comply with regulations on safety in electricity use prescribed in Articles 73 and 74 of the Law on Electricity and relevant guiding documents;

b) Where large electricity consumers invest in and manage the operation of electricity stations and grid infrastructures, such consumers shall comply with the National Technical Regulation on electricity safety and regulations on the protection of electricity works and electricity safety and arrange personnel for grid management and operation trained in electricity and trained, tested, and issued with electricity safety cards as per regulation.

2. Aside from the responsibilities prescribed in Clause 1 of this Article, large electricity consumers in clusters and zones purchasing electricity directly from renewable energy generation units investing in and installing roof-top solar power systems shall make agreements to revise current power purchase agreements with retailers in clusters and zones to ensure the electricity supply according to the demands of large electricity consumers.

Chapter III

DIRECT ELECTRICITY TRADING THROUGH NATIONAL GRID

Section 1. RENEWABLE ENERGY GENERATION UNITS SELLING ELECTRICITY ON SPOT ELECTRICITY MARKET

Article 9. Power purchase agreements between renewable energy generation units and EVN

1. Vietnam Electricity and renewable energy generation units shall come to terms and conclude power purchase agreements on the spot electricity market following the main contents prescribed in Appendix I enclosed herewith.

2. Aside from the content prescribed in Clause 1 of this Article, EVN and renewable energy generation units may make additions to the other contents of power purchase agreements on the spot electricity market to clarify the responsibilities and entitlements of concerned parties in compliance with this Decree and relevant laws.

Article 10. Quotation, scheduling of mobilization, billing calculation, and inspection and comparison of billing statement

1. Quotation activities of renewable energy generation units to offer the sale of all of their capacity to the spot electricity market in the competitive wholesale electricity market shall comply with the regulations on competitive wholesale electricity market operation promulgated by the Ministry of Industry and Trade of Vietnam.

2. Renewable energy generation units shall forecast the generation capacity of their power plants in each trading period of the coming day in compliance with the regulation on renewable energy forecast specified in regulations on dispatch, operation, handling, troubleshooting, black start, and restoration of the national electricity system promulgated by the Ministry of Industry and Trade of Vietnam.

3. Electricity system and market operation units shall, based on the quotations for the coming day and/or the coming trading period of renewable energy generation units, carry out comparison with the value of the forecasted generation capacity from other independent forecast sources and make schedule for the mobilization of power plants according to regulations on competitive wholesale electricity market operation promulgated by the Ministry of Industry and Trade of Vietnam and relevant laws.

4. Electricity system and market operation units shall formulate billing statements on the revenues of renewable energy generation units on the spot electricity market in specific trading periods and billing periods and announce them following the timetable prescribed in the regulations on competitive wholesale electricity market operation promulgated by the Ministry of Industry and Trade of Vietnam.

5. Renewable energy generation units shall inspect, compare, and confirm the statements on the electricity market's website under the regulations on competitive wholesale electricity market operation promulgated by the Ministry of Industry and Trade of Vietnam.

Article 11. Spot price

The spot price is the full market price, determined in each trading period of the spot electricity market and equal to the sum of the market price and capacity-add-on price according to the regulations on competitive wholesale electricity market operation promulgated by the Ministry of Industry and Trade of Vietnam.

Article 12. Amounts payable to renewable energy generation units

The total amount payable to renewable energy generation units on the spot electricity market shall be determined according to the following formula:

Where:

R_g: Total market electricity payments in a billing period (VND);

Q_mq(i): Measured electricity of renewable energy generation units in trading period i (kWh);

i: Trading period i in a billing period;

l: Total trading periods in a billing period;

FMP_(i): Spot price of trading period i (VND per kWh).

Article 13. Payment procedure

1. The renewable energy generation unit, electricity system and market operation unit, and EVN (or authorized units) shall prepare, announce, compare, and confirm statements on the spot electricity market following the regulations on competitive wholesale electricity market operation promulgated by the Ministry of Industry and Trade of Vietnam.

2. The renewable energy generation unit and EVN (or authorized units) shall carry out tasks concerning payment (payment record preparation, invoice adjustment, payment, payment adjustment, and other tasks) according to agreements specified in the power purchase agreement concluded between both parties.

Section 2. LARGE ELECTRICITY CONSUMERS PURCHASING ELECTRICITY FROM POWER CORPORATIONS AND POWER COMPANIES

Article 14.  General principles

1. Large electricity consumers or authorized electricity retailers in clusters and zones may purchase electricity from power corporations (or authorized or decentralized units) or power companies to satisfy all of their electricity use demands.

2. If the electricity consumption of large electricity consumers or the purchased electricity of authorized electricity retailers in clusters and zones in a trading period is lower than the electricity generated by renewable energy generation units distributed to large electricity consumers (or authorized electricity retailers in clusters and zones), converted at the delivery point of large electricity consumers (or authorized electricity retailers in clusters and zones) in the same trading period, all of the electricity consumption of large electricity consumers or the purchased electricity of authorized electricity retailers in clusters and zones shall be paid based on the following cost components:

a) The cost of electricity according to the spot price applied to electricity wholesale buyers according to the regulations on competitive wholesale electricity market operation promulgated by the Ministry of Industry and Trade of Vietnam, including electricity loss on electricity transmission grids and electricity distribution grids;

b) The cost of the use of electricity system services, including electricity transmission, distribution - electricity retail, electricity system dispatch and operation, and regulation of transactions in the electricity market, sector regulation – management;

c) The cost of offsetting differences according to Appendix IV enclosed herewith.

3. If the electricity consumption of large electricity consumers or the purchased electricity of authorized electricity retailers in clusters and zones in a trading period is higher than the electricity generated by renewable energy generation units distributed to large electricity consumers (or authorized electricity retailers in clusters and zones), converted at the delivery point of large electricity consumers (or authorized electricity retailers in clusters and zones) in the same trading period, all of the electricity consumption of large electricity consumers or the purchased electricity of authorized electricity retailers in clusters and zones shall be paid as follows:

a) The electricity consumption of large electricity consumers or the purchased electricity of authorized electricity retailers in clusters and zones in a trading period that is not higher than the electricity generated by renewable energy generation units distributed to large electricity consumers or authorized electricity retailers in clusters and zones, converted at the delivery point of large electricity consumers or authorized electricity retailers in clusters and zones in the same trading period shall be paid according to Clause 2 of this Article;

b) The electricity consumption of large electricity consumers or the purchased electricity of authorized electricity retailers in clusters and zones that is different from the electricity generated by the renewable energy generation units shall be paid following the retail electricity price applicable to the respective consumers regarding subjects, use purposes, voltage levels, and daily use time of electricity under the regulation on the average retail electricity price bracket promulgated by the Prime Minister of Vietnam.  

Article 15. Power purchase agreements between large electricity consumers or authorized electricity retailers in clusters and zones and power corporations or power companies

1. Large electricity consumers or authorized electricity retailers in clusters and zones and power corporations (or authorized or decentralized units) or power companies shall negotiate, come to terms, and conclude power purchase agreements following the main contents prescribed in Appendix II enclosed herewith.

2. Aside from the content prescribed in Clause 1 of this Article, large electricity consumers or authorized electricity retailers in clusters and zones and power corporations (or authorized or decentralized units) or power companies may make additions to other contents of power purchase agreements to clarify the responsibilities and entitlements of concerned parties in compliance with this Decree and relevant laws.

Article 16. Payment between large electricity consumers or authorized electricity retailers in clusters and zones and power corporations or power companies

1. The total cost of electricity purchased from power corporations or power companies by large electricity consumers or authorized electricity retailers in clusters and zones in each trading period of year N under power purchase agreements concluded among concerned parties shall be determined according to the following formula:

C_KH = C_DN + C_DPPA + C_CL + C_BL

Where:

a) C_KH: The total cost of electricity purchased from power corporations or power companies by large electricity consumers or authorized electricity retailers in clusters and zones (VND);

C_DN: The cost of electricity paid at the electricity market price (VND), determined according to Clause 2 of this Article;

C_DPPA: The cost of the use of the electricity system (VND), determined according to Clause 4 of this Article;

C_CL: The cost of offsetting differences (VND), determined according to Appendix IV enclosed herewith.

C_BL: The cost of electricity purchased at the retail electricity price in each trading period according to Clause 3 Article 14 of this Decree (VND), specifically:

Where:

P_BL(i): Current retail electricity price in trading period i promulgated by the Ministry of Industry and Trade of Vietnam (VND per kWh);

Q_KH(i): Actual electricity consumption of large electricity consumers or purchased electricity of authorized electricity retailers in clusters and zones in period i (kWh);

Q_KHhc(i): Adjusted electricity consumption of large electricity consumers or purchased electricity of authorized electricity retailers in clusters and zones in trading period i (kWh), determined according to the following formula:

Q_KHhc(i) = MIN (Q_KH(i); Q_m(i))

Specifically, Q_m(i) is the electricity generated by renewable energy generation units, converted at the electricity delivery points of large electricity consumers and determined as follows:

Where:

Q_mq(i): Measured electricity of renewable energy generation units in trading period i;

k: Conversion factors according to electricity loss in trading period i, calculated and determined following the regulations on competitive wholesale electricity market operation promulgated by the Ministry of Industry and Trade of Vietnam;

K_PP: Conversion factors according to electricity loss on the electricity distribution grid in year N, determined according to Clause 3 of this Article.

δ: Percentage (%) of the electricity of renewable energy generation units consistently distributed to large electricity consumers or authorized electricity retailers in clusters and zones in trading period i, determined according to Point dd Clause 1 Article 26 of this Decree.

2. The components of electricity costs at the electricity market price in each billing period of year N (C_DN) shall be determined according to the following formula:

Where:

i: Trading period i in a billing period (corresponding to the trading period of the spot electricity market);

l: Total trading periods of a billing period;

Q_KHhc(i): Adjusted electricity consumption of consumers or purchased electricity of authorized electricity retailers in clusters and zones in trading period i (kWh), determined according to Clause 1 of this Article; 

CFMP_(i): Electricity purchase price of the power corporation in the spot electricity market in trading period i (VND per kWh), determined according to the regulations on competitive wholesale electricity market operation promulgated by the Ministry of Industry and Trade of Vietnam;

K_PP: Conversion factors according to electricity loss on the electricity distribution grid in year N, determined according to Clause 3 of this Article.

3. Conversion factors according to electricity loss on the electricity distribution grid (K_PP) in Year N shall be determined as follows (using the figures concerning electricity loss on the electricity distribution grid of the power corporation in year N-2 for calculation):

a) Where large electricity consumers or authorized electricity retailers in clusters and zones purchase electricity with voltage levels from 22kV to under 110kV, K_PP shall be determined according to the following formula:

Where:

L_HV (%): Percentage of electricity loss on the electricity distribution grid with voltage levels of 110kV or higher in year N-2;

L_MV (%): Percentage of electricity loss on the electricity distribution grid at voltage levels from 22kV to under 110kV in year N-2.

b) Where large electricity consumers or authorized electricity retailers in clusters and zones purchase electricity with voltage levels of 110kV or higher, K_PP shall be determined according to the following formula:

Where:

L_HV (%): Percentage of electricity loss on the electricity distribution grid with voltage levels of 110kV or higher in year N-2.

4. The cost of the use of the electricity system (C_DPPA) shall be determined according to the following formula:

Where:

i: Trading period i in a billing period (corresponding to the trading period of the spot electricity market);

l: Total trading periods of a billing period;

Q_KHhc(i): Adjusted electricity consumption of consumers or purchased electricity of authorized electricity retailers in clusters and zones in trading period i (kWh), determined according to Clause 1 of this Article; 

C_DPPAdv: The cost of the use of the electricity system charged by one unit of electricity of year N (VND per kWh), including the cost of the use of the following services: electricity transmission, electricity retail – distribution, electricity system dispatch, and operation, regulation of transactions in the electricity market, and sector management – regulation, determined by the total cost and revenue of the quotas for stages of the mentioned services divided by the total domestic commercial electricity of power corporations with data for calculation collected from respective data in the schemes for the annual average retail electricity price of year N developed by EVN and inspected, reviewed, and commented on by competent authorities under the mechanism for adjustments to the average retail electricity price promulgated by the Government of Vietnam.

In case of not having any scheme for the annual average retail electricity price in year N mentioned above, the temporarily calculated C_DPPAdv includes the cost of the use of the following services: electricity transmission, electricity retail - distribution, electricity system dispatch, operation, regulation of transactions in the electricity market, and sector management - regulation based on the figures according to the results of the announced cost of electricity production and business in year N-2, determined by the equity multiplied by the respective return on equity in the schemes for annual average retail electricity price of year N-2 and divided by the total domestic commercial electricity of power corporations in the schemes for annual average retail electricity price of year N-2.

After C_DPPAdv calculated under schemes for the average retail electricity price of year N is announced, large electricity consumers or authorized electricity retailers in clusters and zones and power corporations or power companies shall settle the cost of the use of the electricity system for billing periods implemented from the beginning of the year to before the billing period with C_DPPAdv calculated under schemes for the average retail electricity price of year N.

5. Where there are differences in electricity according to the electricity meter readings and due to the rounding of decimals during the calculation of electricity market payments, the calculation of the cost of such differences shall be determined by the differences by each time price schedule (3 schedules) multiplied by the retail price applied to specific subjects, use purposes, voltage levels, and daily use time according to regulations on the implementation of electricity prices of the law on electricity (VND per kWh).

6. Aside from the costs of electricity purchase relevant to the direct electricity trading prescribed in this Decree, in cases where large electricity consumers or authorized electricity retailers in clusters and zones and power corporations or power companies have other electricity trading activities, concerned parties shall negotiate, come to terms, and make payments according to regulations prescribed in the concluded power purchase agreements and relevant laws.

Section 3. ELECTRICITY TRADING BETWEEN LARGE ELECTRICITY CONSUMERS OR AUTHORIZED ELECTRICITY RETAILERS IN CLUSTERS AND ZONES AND RENEWABLE ENERGY GENERATION UNITS

Article 17. Forward power purchase agreements

1. Renewable energy generation units and large electricity consumers or authorized electricity retailers in clusters and zones shall negotiate and conclude forward power purchase agreements following the main contents prescribed in Appendix III enclosed herewith.

2. Concerned parties shall agree on the terms of a forward power purchase agreement, the contractual price, and the committed electricity in the forward power purchase agreement for future trading periods.

3. The reference price in forward power purchase agreements shall be the spot price calculated and announced by the electricity system and market operation units according to the regulations on competitive wholesale electricity market operation promulgated by the Ministry of Industry and Trade of Vietnam.

4. Aside from the content prescribed in Clauses 1, 2, and 3 of this Article, renewable energy generation units and large electricity consumers or authorized electricity retailers in clusters and zones may make additions to other contents of forward power purchase agreements to clarify the responsibilities and entitlements of concerned parties in compliance with this Decree and relevant laws.

Article 18. Payment between large electricity consumers or authorized electricity retailers in clusters and zones and renewable energy generation units  

Large electricity consumers or authorized electricity retailers in clusters and zones and renewable energy generation units shall calculate and pay the committed electricity prescribed in forward power purchase agreements according to the following formula:  

Where:

R_c: Revenue of the renewable energy generation unit according to the forward power purchase agreement in a billing period (VND);

i: Trading period i in a billing period;

l: Total trading periods in a billing period;

P_c(i): Committed price in the forward power purchase agreement (VND per kWh);

FMP_(i): Spot price in the forward power purchase agreement in trading period i (VND per kWh);

Q_c(i): Committed electricity in the forward power purchase agreement in trading period i (kWh).

Section 4. RESPONSIBILITIES OF UNITS

Article 19. Responsibilities of EVN

1. Come to terms and conclude power purchase agreements with renewable energy generation units when receiving written requests for electricity sales from renewable energy generation units according to relevant laws.

2. Calculate the parameters prescribed in Article 16 of this Decree, including:

a) Conversion factors according to electricity loss on the electricity distribution grid (K_PP) in year N;

b) The cost of the use of the electricity system services for one unit of electricity in year N (C_DPPAdv) applicable to large electricity consumers of power corporations in year N according to Clause 4 Article 16 of this Decree;

c) Where the cost of the use of the electricity system services for one unit of electricity of year N applicable to large electricity consumers of power corporations announced before December 15 of year N-1 is calculated based on the results of the inspection of the announced cost of electricity production and trading in year N-2, within 10 days after the schemes for annual average retail electricity price of year N are inspected, reviewed, and commented on by competent authorities under the mechanisms for adjustments to the average retail electricity price promulgated by the Government of Vietnam, update the cost of the use of the electricity system services for one unit of electricity of year N according to Point b of this Clause;

d) The cost of offsetting differences for one unit of electricity of year N (C_CLdv) applicable to large electricity consumers of power corporations or power companies in year N according to Appendix IV enclosed herewith.

3. Submit reports to the Ministry of Industry and Trade of Vietnam on the results of the parameter calculation according to Clause 2 of this Article and send them to the electricity system and market operation units for announcement on the website of the electricity market before December 15 of year N-1.

4. Send the information on the cost of the use of the electricity system services (C_DPPA) and the cost of offsetting differences (C_CL) in the last 5 years to the electricity system and market operation units for announcement on the website of the electricity market before March 20 of year N.

Article 20. Responsibilities of electricity system and market operation units

1. Manage the registration for participation in direct electricity trading between renewable energy generation units and large electricity consumers through the national grid and ensure that the total capacity of renewable energy does not exceed the total capacity of renewable energy by each type of electricity source as prescribed in the approved national electricity development planning and relevant adjustment documents (if any).

2. Operate the electricity system and market in compliance with the regulations on systems of electricity transmission, distribution, and measurement; regulations on dispatch, operation, handling, troubleshooting, black start, and restoration of the national electricity system, regulations on competitive wholesale electricity market operation promulgated by the Ministry of Industry and Trade of Vietnam, and relevant laws.

3. Distribute the converted electricity generated by renewable energy generation units to large electricity consumers (at delivery points) following Clause 1 Article 16 of this Decree, ensuring that the total value of the generated electricity (at delivery points) that is distributed in each trading period does not exceed the measured electricity of renewable energy generation units in the same trading period.

4. Announce the lists and electricity consumption in month M-1 of large electricity consumers participating in direct electricity trading through the national grid before the 5th of month M.

5. Announce the lists and generated electricity in Month M-1 of renewable energy generation units participating in direct electricity trading through the national grid before the 5th of month M. 

6. Based on the lists of large electricity consumers ineligible for participating in direct electricity trading in year N sent by power corporations and power companies, summarize them and submit reports to the Ministry of Industry and Trade of Vietnam before November 15 of year N-1. 

7. Announce the lists of large electricity consumers ineligible for participating in direct electricity trading through the national grid in year N before November 30 of year N-1.  

8. Announce figures concerning the electricity market price applicable to electricity sellers (FMP) and the electricity market price applicable to electricity buyers (CFMP) of the last 5 years of operations before January 20 of year N.

9. Supervise and submit reports to the Ministry of Industry and Trade of Vietnam on arising issues and acts containing signs of violations during direct electricity trading.

Article 21. Responsibilities of renewable energy generation units

1. Invest in the development and commercial operation of power plants while ensuring the committed progress in applications for participation in direct electricity trading.

2. Register participation in the competitive wholesale electricity market; comply with the regulations on competitive wholesale electricity market operation promulgated by the Ministry of Industry and Trade of Vietnam.

3. Terminate current power purchase agreements to participate in direct electricity trading.

4. Conclude power purchase agreements on the electricity market with EVN (or authorized units); conclude forward electricity agreements with large electricity consumers (or authorized electricity retailers in clusters and zones).

5. Make agreements on the percentage (%) of the electricity of renewable energy generation units distributed to large electricity consumers according to Point dd Clause 1 Article 26 of this Decree.

6. Provide information on the implementation and arising issues and difficulties during direct electricity trading at the request of competent authorities.

Article 22. Responsibilities of power corporations and power companies

1. Come to terms and conclude power purchase agreements with large electricity consumers participating in direct electricity trading (or authorized electricity retailers in clusters and zones) within 7 working days after receiving the adequate written requests for electricity purchase and relevant documents from large electricity consumers participating in direct electricity trading (or authorized electricity retailers in clusters and zones) according to relevant laws.

2. Invest in and install electricity measurement systems (including the main measurement system and backup measurement system), systems of collection of remote measurement data at measurement and delivery points with large electricity consumers (or authorized electricity retailers in clusters and zones), and manage and adequately collect measurement figures while sending them to the electricity system and market operation units for calculation and payment as per regulation, excluding cases where there are other agreements among concerned parties.

3. Review and formulate lists of large electricity consumers (within their management scope) ineligible for participating in direct electricity trading in year N and send them to electricity system and market operation units before November 10 of year N-1.

4. Submit reports to EVN on the percentage of electricity loss on the electricity distribution grid with voltage levels from 22kV to under 110kV and from 110kV and higher in year N-2 of power corporations before November 15 of year N-1.

5. Monitor the information on large electricity consumers participating in direct electricity trading (within their management scope).

6. Provide information on the implementation and arising issues and difficulties during the implementation at the request of competent authorities.

Article 23. Responsibilities of electricity retailers in clusters and zones

1. Negotiate with large electricity consumers about the cost of the provision of grid use services in clusters and zones (from the general electricity purchase meters of authorized electricity retailers in clusters and zones to the retail electricity meters for large electricity consumers) in conformity with the law within 30 days after receiving written requests and sufficient applications from large electricity consumers.

2. Terminate power purchase agreements concluded with large electricity consumers (before they participate in direct electricity trading through the national grid) within 7 working days after agreeing with such consumers on the cost of the provision of grid use services in clusters and zones, excluding the case prescribed in Clause 3 of this Article.  

3. Electricity retailers in clusters and zones authorized by large electricity consumers according to Point c Clause 2 Article 2 of this Decree shall:

a) Agree on the conclusion of power purchase agreements with power corporations or power companies according to Clause 2 Article 24 of this Decree;

b) Revise current power purchase agreements with large electricity consumers within 30 days after receiving written requests and relevant documents from such consumers according to relevant laws to ensure that electricity supply meets the demands of large electricity consumers;

c) Agree on the cost of the provision of grid use services in clusters and zones prescribed in Clause 1 of this Article and costs arising from forward electricity agreements concluded with renewable energy generation units and power purchase agreements with power corporations or power companies after making agreements with the authorizing large electricity consumers.

Article 24. Responsibilities of large electricity consumers

1. Agree on the percentage (%) of the electricity of renewable energy generation units consistently distributed to large electricity consumers or authorized electricity retailers in clusters and zones according to the principles prescribed in Point dd Clause 1 Article 26 of this Decree.

2. Large electricity consumers engaging in electricity trading with power corporations (or authorized or decentralized units) or power companies shall:

a) Negotiate and conclude power purchase agreements with power corporations (or authorized or decentralized units) or power companies or forward electricity agreements with renewable energy generation units;

b) Provide information on the implementation and issues and difficulties arising during implementation at the request of competent authorities.

3. Where large electricity consumers authorize electricity retailers in clusters and zones to engage in electricity trading with power corporations (or authorized or decentralized units) or power companies, such consumers shall:

a) Agree on the revision to current power purchase agreements with authorized electricity retailers in clusters and zones to ensure that the electricity supply meets the demands of large electricity consumers;

b) Agree on the cost of the provision of grid use services in clusters and zones prescribed in Clause 1 Article 23 of this Decree and costs arising from forward electricity agreements concluded with renewable energy generation units and power purchase agreements with power corporations or power companies after making agreements with the authorized electricity retailers in clusters and zones.  

4. While participating in direct electricity trading, if the information prescribed in Clauses 1 and 2 Article 26 of this Decree is changed, large electricity consumers shall issue written notices to the electricity system and market operation units, power corporations, and power companies.

Chapter IV

IMPLEMENTATION AND REPORT

Article 25. Procedures for participating indirect electricity trading through private connection grids

1. Renewable energy generation units or investors of renewable energy generation projects shall implement regulations concerning the planning, investment, development, and electricity operation licensing for projects and works concerning sources and grids for direct electricity sales to large electricity consumers in compliance with Clause 1 Article 5 of this Decree.

2. Renewable energy generation units and large electricity consumers shall negotiate, come to terms, and conclude power purchase agreements according to Article 6 of this Decree.

3. Large electricity consumers participating in direct electricity trading through private connection grids shall submit written reports on the conclusion of power purchase agreements with renewable energy generation units (enclosed with copies of the power purchase agreements) to the People’s Committees of provinces or centrally affiliated cities in their areas as follows:

a) Submission methods: in person or by post;

b) Main contents: information on the conclusion of direct power purchase agreements between large electricity consumers and renewable energy generation units; information on large electricity consumers (locations of electricity consumption facilities, electricity use purposes, electricity use situations (if any), and the electricity price in the current power purchase agreements; status quo of renewable energy generation units (types of power plants, generation capacity, status quo of power plants, and electricity price in the current power purchase agreements.

4. Large electricity consumers participating in direct electricity trading through private connection grids shall issue written notices (enclosed with copies of the power purchase agreements between large electricity consumers and renewable energy generation units) to power corporations of power companies (operating in their areas) and electricity system and market operation units in person or by post.

Article 26. Procedures for participating in direct electricity trading through national grid  

1. Where large electricity consumers or authorized electricity retailers in clusters and zones and renewable energy generation units prescribed in Clause 2 Article 2 of this Decree have agreements on participation in direct electricity trading through the national grid, such consumers or authorized electricity retailers shall submit applications for participation in direct electricity trading to the electricity system and market operation units in person or by post. An application includes:

a) Written request for participation in direct electricity trading;

b) Written agreement on the principles concluded between the renewable energy generation unit and the large electricity consumer or authorized electricity retailer in clusters and zones, including information on the forward electricity agreement between both parties according to Article 17 of this Decree and plans for the expected termination of the current power purchase agreement of the renewable energy generation unit for participation in direct electricity trading;

c) Report on the status quo of the renewable energy generation unit (power plant type, generation capacity, status quo of the power plants, facilities for participation in the electricity market, and electricity price in the current power purchase agreement);

d) Information on the large electricity consumer or authorized electricity retailer in clusters and zones (locations of electricity consumption facility, electricity use purposes, electricity use situations (if any), facilities for participation in the electricity market, and electricity price in the current power purchase agreement (if any));

dd) Written agreement on the percentage (%) of the electricity of the renewable energy generation unit distributed to the large electricity or authorized electricity retailer in clusters and zones. The percentage shall not exceed 100% if 1 renewable energy generation unit concludes a forward electricity agreement with 1 large electricity consumer or authorized electricity retailer in clusters and zones.  Where 1 renewable energy generation unit concludes forward electricity agreements with multiple large electricity consumers or authorized electricity retailers in clusters and zones, the total percentage (%) of the electricity of the renewable energy generation unit distributed to such consumers and authorized electricity retailers shall not exceed 100%.

2. Large electricity consumers in clusters and zones or authorized electricity retailers in clusters and zones prescribed in Clause 2 Article 2 of this Decree shall carry out the addition of the following documents:

a) Written agreements with power corporations or power companies on the responsibility for installing electricity meters of large electricity consumers or authorized electricity retailers in clusters and zones for direct electricity trading meeting specific technical conditions as per regulation;

b) In case of terminating agreements with electricity retailers in clusters and zones: written agreements with electricity retailers in clusters and zones on the expected termination of the concluded power purchase agreements concluded among concerned parties when participating in direct electricity trading and the cost of the provision of grid use services in clusters and zones according to Clause 1 Article 23 of this Decree;

c) In case of continuing agreements with electricity retailers in clusters and zones: written authorizations of large electricity consumers and written agreements on revision to power purchase agreements with large electricity consumers for participation in direct electricity trading, the cost of the provision of grid use services in clusters and zones according to Clause 1 Article 23 of this Decree, and the expected cost arising from forward electricity agreements concluded with renewable energy generation units according to Article 18 of this Decree.

3. Within 5 working days after receiving applications for participation in direct electricity trading according to Clauses 1 and 2 of this Article, electricity system and market operation units shall:

a) Send the applications to power corporations, power companies, or electricity retailers in clusters and zones managing large electricity consumers to verify the accuracy of the information in the applications for participation in direct electricity trading and the possibility of converting the current power purchase agreements of large electricity consumers to conclude direct electricity trading participation agreements as per regulation;

b) Send the applications to EVN for verification of the possibility of concluding power purchase agreements in the spot electricity market with renewable energy generation units according to Article 9 of this Decree;

c) Review the conformity of written agreements on the percentage (%) of the electricity of renewable energy generation units distributed to large electricity consumers or authorized electricity retailers in clusters and zones with the principles prescribed in Point dd Clause 1 of this Article;  

d) Instruct large electricity consumers or authorized electricity retailers in clusters and zones to agree with renewable energy generation units on the percentage (%) of the electricity of renewable energy generation units distributed to large electricity consumers or authorized electricity retailers in clusters and zones according to the principles prescribed in Point dd Clause 1 of this Article.

4. Within 5 working days after receiving applications sent by electricity system and market operation units:

a) Power corporations, power companies, and electricity retailers in clusters and zones shall confirm the applications of large electricity consumers or authorized electricity retailers in clusters and zones in writing regarding the readiness and the expected time for the conversion of power purchase agreements with such consumers or authorized electricity retailers and send them to the electricity system and market operation units;

b) EVN shall issue written confirmations regarding the readiness and the expected time to conclude power purchase agreements in the spot electricity market with renewable energy generation units and send them to the electricity system and market operation units.

5. Within 5 working days from the receipt of the written responses from EVN, power corporations, power companies, electricity retailers in clusters and zones, and electricity system and market operation units shall issue written responses to large electricity consumers or authorized electricity retailers in clusters and zones concerning:

a) The expected time to conclude spot power purchase agreements between EVN and renewable energy generation units;

b) The expected time for the conversion of the current power purchase agreements between power corporations, power companies, or electricity retailers in clusters and zones and large electricity consumers;

c) The expected time to apply direct electricity trading.

6. Vietnam Electricity, power corporations, power companies, electricity retailers in clusters and zones, renewable energy generation units, and large electricity consumers or authorized electricity retailers in clusters and zones shall proactively negotiate and conclude agreements according to Articles 9, 15, and 17 of this Decree.

7. Renewable energy generation units, large electricity consumers or authorized electricity retailers in clusters and zones, and relevant units shall invest in and equip infrastructures meeting the conditions for participation in direct electricity trading and send written documents to the electricity system and market operation units regarding the confirmation of the completion of conditions for participation in direct electricity trading in person or by post.  Enclosed applications include the approved applications for participation in the electricity market and copies of concluded agreements according to Articles 9, 15, and 17 of this Decree.

8. Electricity system and market operation units shall inspect applications according to Clause 7 of this Article and send written notices to renewable energy generation units regarding the registration for participation in the electricity market according to the regulations on competitive wholesale electricity market operation promulgated by the Ministry of Industry and Trade of Vietnam while submitting reports to the Ministry of Industry and Trade of Vietnam and sending written notices to EVN, power corporations, power companies, electricity retailers in clusters and zones, and large electricity consumers or authorized electricity retailers in clusters and zones regarding the official time to initiate direct electricity trading between renewable energy generation units and large electricity consumers or authorized electricity retailers in clusters and zones.  

Article 27. Suspension, termination, and reinstatement of participation in direct electricity trading

1. Suspension of participation in direct electricity trading

a) Suspension of participation in direct electricity trading shall apply to large electricity consumers or authorized electricity retailers in clusters and zones and renewable energy generation units in the following cases: suspension of the spot electricity market according to the regulations on competitive wholesale electricity market operation promulgated by the Ministry of Industry and Trade of Vietnam; one of the agreements of the mechanisms for direct electricity trading is suspended or expired, affecting the benefits of concerned parties; there are acts of taking advantage of mechanisms and policies for profiteering; large electricity consumers have participated in direct electricity trading in year N but fail to meet the conditions for participation in direct electricity trading in year N+1 according to Clause 2 Article 5 of this Decree;

b) Payment in case of suspending participation in direct electricity trading of large electricity consumers or authorized electricity retailers in clusters and zones and renewable energy generation units: large electricity consumers shall make payments following the retail electricity price schedule promulgated by the Ministry of Industry and Trade of Vietnam; authorized electricity retailers in clusters and zones shall purchase electricity from power corporations or power companies following the current electricity price schedule; renewable energy generation units shall sell electricity to EVN (or authorized units) and negotiate and agree on the electricity generation price in the renewable energy generation price bracket promulgated by the Ministry of Industry and Trade of Vietnam or according to other electricity price mechanisms.

2. Termination of participation in direct electricity trading

a) Concerned parties shall terminate their participation in direct electricity trading in one of the following cases: voluntary termination at the request of concerned parties; there are acts of taking advantage of mechanisms and policies for profiteering, causing irreparable consequences;

b) In case of terminating participation in direct electricity trading, renewable energy generation units, large electricity consumers, authorized electricity retailers in clusters and zones, power corporations, and power companies shall negotiate and conclude power purchase agreements according to the current regulations.

3. Reinstatement of participation in direct electricity trading

a) Concerned parties shall reinstate their participation in direct electricity trading in one of the following cases: reinstatement of the spot electricity market, violations have been remedied, and competent authorities issue decisions on reinstatement of participation in the mechanisms;

b) In case of reinstating participation in direct electricity trading, units shall continue to carry out agreements in concluded power purchase agreements.

4. Authority in suspension, termination, and reinstatement of participation in direct electricity trading

a) The Minister of Industry and Trade of Vietnam shall provide feedback on the suspension and reinstatement of participation in direct electricity trading of large electricity consumers or authorized electricity retailers in clusters and zones and renewable energy generation units based on reports and suggestions of the electricity system and market operation units or other relevant agencies and organizations;

b) The Minister of Industry and Trade of Vietnam shall decide on the termination of participation in direct electricity trading of large electricity consumers or authorized electricity retailers in clusters and zones and renewable energy generation units after collecting written feedback from relevant agencies.

Article 28. Report

Reports on direct electricity trading shall be carried out as follows:

1. Reporting regulations applicable to direct electricity trading through private connection grids

a) A report on relevant information when implementing direct electricity trading through private connection grids following Form No. 01 in Appendix V enclosed with this Decree is as follows:

Name of the report: Report on direct electricity trading;

Content: Information on agreement parties (seller, buyer); agreed electricity; electricity price; other contents;

Subjects: large electricity consumers participating in direct electricity trading through private connection grids;

Receiving authorities: Ministry of Industry and Trade of Vietnam and People’s Committees of provinces and centrally affiliated cities (only receiving reports from large electricity consumers in areas under their management);

Submission: By post;

Submission time limit: Within 10 days after the conclusion of agreements on direct electricity trading through private connection grids. 

b) A report on the results of direct electricity trading through private connection grids in year N-1 following Form No. 02 in Appendix V enclosed with this Decree is as follows:

Name of the report: Report on the results of direct electricity trading through private connection grids in year N-1;

Content: Information on agreement parties (seller, buyer); electricity subject to trading in the year; costs of direct electricity purchase monthly and yearly; difficulties, deficiencies, and suggestions; 

Subjects: large electricity consumers participating in direct electricity trading through private connection grids;

Receiving authorities: Ministry of Industry and Trade of Vietnam and People’s Committees of provinces and centrally affiliated cities (only receiving reports from large electricity consumers in areas under their management);

Submission: By post;

Submission time limit: Before January 30 of year N;

Submission frequency: Every year.

2. Reporting regulations applicable to direct electricity trading through the national grid 

a) A report on the results of direct electricity trading through the national grid in month M-1 following Form No. 03 in Appendix V enclosed with this Decree is as follows:

Name of the report: Report on the results of direct electricity trading of the preceding month; 

Content: The total number of renewable energy generation units and large electricity consumers or authorized electricity retailers in clusters and zones participating in direct electricity trading; information on agreement parties (seller, buyer); electricity subject to trading in the month; costs of direct electricity purchase in the month; difficulties, deficiencies, and solutions (if any);

Subjects: Electricity system and market operation units, power corporations, and power companies;

Receiving authorities: Ministry of Industry and Trade of Vietnam and People’s Committees of provinces and centrally affiliated cities (only receiving reports from power corporations in areas under their management);

Submission: Through emails or by post:

Submission time limit: Before the 20th of month M; 

Submission frequency: Every month.

b) A report on the results of direct electricity trading through the national grid in year N-1 following Form No. 04 in Appendix V enclosed with this Decree is as follows:

Name of the report: Report on the results of direct electricity trading through the national grid nationwide in year N-1;

Content: The total number of renewable energy generation units and large electricity consumers or authorized electricity retailers in clusters and zones participating in direct electricity trading; information on renewable energy generation units and large electricity consumers; electricity subject to trading in the year; costs of direct electricity purchase in the year; difficulties, deficiencies, and solutions (if any);

Subjects: EVN; electricity system and market operation units, power corporations, and power companies;

Receiving authorities: Ministry of Industry and Trade of Vietnam and People’s Committees of provinces and centrally affiliated cities (only receiving reports from power corporations in areas under their management);

Submission: Through emails or by post:

Submission time limit: Before January 30 of year N;

Submission frequency: Every year.

Chapter V

IMPLEMENTATION PROVISIONS

Article 29. Implementation responsibilities

1. Ministry of Industry and Trade of Vietnam shall:

a) Assume responsibility before the Government of Vietnam for the consistent implementation of the state management of contents prescribed in this Decree to ensure national electricity security and electricity system safety according to the approved national electricity development planning and plan to implement the national electricity development planning; promptly submit reports to competent authorities for consideration and decision on adjustments to electricity development planning as per regulation based on the technical and technological conformity and conformity of the electricity transmission system and the demands for the development of electricity sources for direct electricity trading;

b) Take charge and cooperate with ministries in directing relevant agencies and units to implement direct electricity trading; instruct, monitor, and settle arising issues during the implementation of direct electricity trading within their jurisdiction;

c) Provide feedback on reports and calculation results of the cost of the use of electricity system services for one unit of electricity applicable to consumers of power corporations in year N reported by EVN according to Clause 4 Article 16 of this Decree;

d) Inspect, supervise, and settle complaints and handle violations during direct electricity trading;

dd) Take charge and cooperate with ministries in providing counseling for the Government of Vietnam for amendments to the mechanisms for direct electricity trading between renewable energy generation units and large electricity consumers.

2. People’s Committees of provinces and centrally affiliated cities shall:

a) Assume responsibility for the state management of the contents prescribed in this Decree within their local management scope;

b) Assign agencies specializing in electricity to take charge and assume responsibility for carrying out cooperation in the inspection of the implementation of power purchase agreements according to this Decree and relevant laws;

c) Inspect, supervise, and settle complaints and handle violations during direct electricity trading according to areas under their management.

3. EVN shall:

a) Organize and direct its affiliates to implement direct electricity trading;

b) Instruct and direct power corporations to compile the draft contents of power purchase agreements between them and large electricity consumers according to Article 15 of this Decree;

c) Provide guidelines for power corporations on the processes of business, management, billing calculation, negotiation, conclusion of agreements with consumers, time limit for invoice issuance, payment time limit, billing records, and invoice forms applicable to consumers participating in direct electricity trading;

d) Provide guidelines for power corporations on the payment of components of the costs of direct electricity trading services (costs of electricity transmission, electricity distribution-retail, electricity system dispatch and operation, electricity market transaction regulation, sector management-regulation, electricity system support services, and difference offsetting) for relevant service providers;  

dd) Provide guidelines for power corporations on the calculation of the percentage of electricity loss on the electricity distribution grid by each voltage level according to Clause 3 Article 16 of this Decree;

e) Assess direct electricity trading and carry out the reporting regulations according to Article 28 of this Decree.

4. Electricity system and market operation units shall provide guidelines for units participating in direct electricity trading through the national grid according to Article 26 of this Decree.

Article 30. Transitional provision

Regarding power purchase agreements concluded before the effective date of this Decree and conformable with specific regulations, concerned parties shall continue to implement the concluded power purchase agreements until they expire or negotiate and agree on the revision to power purchase agreements under this Decree.

Article 31. Entry into force

1. This Decree comes into force from the date on which it is signed.

2. Decree No. 80/2024/ND-CP dated July 3, 2024 of the Government of Vietnam shall be annulled.

3. Within 15 days from the effective date of this Decree, EVN shall update on the calculation of the applicable costs in 2025 and submit reports to the Ministry of Industry and Trade of Vietnam regarding the calculation results before sending them to the electricity system and market operation units for announcement on the website of the electricity market, including:

a) Costs of the use of electricity system services for one unit of electricity; 

b) Costs of offsetting differences for one unit of electricity;

c) Conversion factors according to electricity loss on the electricity distribution grid.

4. During the implementation, if any legislative document referred to in this Decree is amended, supplemented, or replaced, comply with its new edition.

5. Difficulties arising during the implementation of this Decree shall be reported to the Ministry of Industry and Trade of Vietnam for research and consideration for requesting the Government of Vietnam to make appropriate amendments.

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