Chương V: Tổ chức thực hiện

DECREE

ELABORATING THE LAW ON ELECTRICITY PERTAINING TO DEVELOPMENT OF RENEWABLE ENERGY POWER AND NEW ENERGY POWER

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

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

At request of the Minister of Industry and Trade;

The Government promulgates Decree elaborating the Law on Electricity pertaining to development of renewable energy power and new energy power.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree elaborates the Law on Electricity pertaining to development of renewable energy power and new energy power, including: Clause 4 Article 13; Clause 8 Article 20; Clause 3 Article 22; Clause 2 Article 23; Point c Clause 2 Article 25; Clause 5, Clause 7, and Clause 8 Article 26; Point b Clause 2, Clause 5 Article 27; Clause 4 Article 28; and Clause 4 Article 29.

Article 2. Regulated entities

This Decree applies to agencies, organizations, and individuals conducting activities under Article 1 hereof within the territory of the Socialist Republic of Vietnam.

Article 3. Definitions

In this Decree, terms below are construed as follows:

1. Surplus Seller means an organization, individual in possession of a self-production and self-consumption power source or an organization, individual inheriting rights and obligations of the aforementioned organizations and individuals as per the law.

2. Surplus Buyer means an electricity company that:

a) is a subsidiary of Power Corporation affiliated to the Vietnam Electricity (EVN);

b) is an entity affiliated to Power Corporation affiliated to the EVN.

3. Connection to national electrical system means electrical connection between load or power sources of organizations and individuals and national electrical system or via electrical grid of electric entity.

4. Rooftop solar power means electricity produced by photovoltaic panels by converting light energy into electrical energy installed on the roof of structures, connected to electrical equipment, and serving electricity generation.

5. Surplus electricity means electricity produced from renewable energy or new energy in a self-production and self-consumption model, but not completely used, and transmitted to electrical grids owned by the surplus Buyer.

Chapter II

DEVELOPMENT OF RENEWABLE ENERGY POWER AND NEW ENERGY POWER

Article 4. Regulations incentivizing, supporting development of energy storage system of renewable energy power projects

Renewable energy power projects outfitted with energy storage system and connected to national electrical system shall be prioritized during peak hours of electrical system as per the law except self-production and self-consumption sources.

Article 5. Policies incentivizing, supporting appropriate research and development of technology in wind power and solar power

1. Research and development of technology in wind power and solar power in Vietnam shall be encouraged and supported in accordance with Article 8 of the Law on Electricity and relevant law provisions.

2. The Government shall prioritize programs for research, development, application of science and technology, and production of photovoltaic panels, wind turbines, and transfer switches.

3. Other priority and support policies shall also be adopted in accordance with applicable laws.

Article 6. Eligibility and duration of incentive, support policies on new energy power development

1. A new energy power project shall be eligible for incentive, support policies under Clause 2 Article 23 of the Law on Electricity if:

a) Electricity is produced from 100% green hydrogen or 100% green ammonia or 100% mixture of green hydrogen and green ammonia;

b) The project powers the national electrical system;

c) The project is the first project for the type of new energy power.

2. Projects under Clause 1 of this Article shall be eligible for:

a) Exemption from sea area levy during capital construction stage for a maximum of 3 years from the date on which construction is commenced. Reduction of 50% sea area levy for 9 years after the exemption period of capital construction;

b) Exemption from land levy or land rent during capital construction stage for a maximum of 3 years from the date on which construction is commenced. Following exemption period associated with capital construction stage, exemption and reduction of land levy and land rent shall conform to investment laws and land laws;

c) Long-term minimum contracted electricity output is at 70% during principal loan repayment period and up to 12 years unless otherwise agreed upon by Investors and the Buyer. This regulation is not to be adopted if project fails to produce the minimum output as a result of the project’s fault or load demands or electrical system’s failure to completely use electricity output due to technical limitations.

d) Where time limit specified under Point a and Point c of this Clause expires, the application of incentive policies shall conform to regulations of the law applicable on the date in which the time limit expires.

Article 7. Regulations on sharing, providing information, monitoring data pertaining to primary energy source parameters, and electrical production of renewable energy power plants and new energy power plants

1. Owners of renewable energy power plants and new energy power plants shall provide data on primary energy source parameters (if any) and electrical production during operation:

a) For solar power plants: Number of sunny hours in a week (in hours), average weekly solar irradiance (w/m²), total weekly solar irradiance (kWh/m²); weekly electrical production (kWh);

b) For wind power plants: Prevailing wind direction of the month, wind measurement height (m, from the ground), average weekly wind velocity (m/s); average weekly wind power density (W/m²); weekly electrical production (kWh);

c) For bioenergy power plants, waste-to-energy power plants: weekly data on physical parameters of biomass, waste used for electricity generation, including: Mass (kg), moisture (%), heating value (kJ/kg); weekly electrical production (kWh);

d) For other renewable energy power plants and new energy power plants: weekly data on primary energy parameters, input fuel for electrical production; weekly electrical production (kWh).

2. Reporting:

a) Owners of renewable energy power plants and new energy power plants under projects of which investment guidelines are approved or decided by People’s Committees of provinces and cities (hereinafter referred to as “provincial People’s Committees”) shall submit reports on data specified under Clause 1 of this Article of the previous year to local Departments of Industry and Trade before January 15 of each year. Departments of Industry and Trade shall have the responsibility to consolidate and report to the Ministry of Industry and Trade before January 31 of each year;

b) Owners of renewable energy power plants and new energy power plants under projects of which investment guidelines are approved or decided by the National Assembly or Prime Minister shall submit reports on data specified under Clause 1 of this Article of the previous year to Ministry of Industry and Trade before January 15 of each year;

c) In addition to reports under Point a and Point b of this Clause, owners of renewable energy power plants and new energy power plants are to comply with other regulations of the law pertaining to reports on operational information and data of power plant projects.

3. Data use and access:

Ministry of Industry and Trade and Departments of Industry and Trade shall consolidate, store data reported by owners of power plants in accordance with Clause 1 and Clause 2 of this Article for the purpose of evaluating development potentials of renewable energy power, new energy power; provide data for baseline surveys in accordance with Article 21 of the Law on Electricity; accommodate power source calculation and forecast, electrical system operation, among other purposes as per the law.

Article 8. Time limit for solar power plant, wind power plant decommissioning

Starting from the date on which solar power plants or wind power plants are terminated in accordance with Clause 1 Article 25 of the Law on Electricity, the owners of said solar power plants or wind power plants shall be responsible for the decommissioning of the power plants as follows:

1. For power plants in projects located in mainland:

a) For Group A projects and higher classified in accordance with public investment laws, time limit for decommissioning shall be at most 3 years;

b) For remaining projects, time limit for decommissioning shall be at most 2 years.

2. For power plants in projects located at sea:

a) For Group A projects and higher classified in accordance with public investment laws, time limit for decommissioning shall be at most 5 years;

b) For remaining projects, time limit for decommissioning shall be at most 3 years.

Article 9. Investment projects for renewable energy power, new energy power of which investment guidelines are approved by the Prime Minister in accordance with Clause 4 Article 31 of the Law on Investment

1. Investment projects for renewable energy power and new energy power using interregional sea areas within 6 nautical miles from the lowest mean water line of the mainland for multiple years towards the sea.

Application for approval of investment guidelines of projects under this Clause:

a) Investors shall prepare application for approval of investment guidelines in accordance with investment laws;

b) Other than entities specified under Point a of this Clause, the Ministry of Industry and Trade has the responsibility to submit application for investment guideline approval in accordance with investment laws;

c) In respect of investment projects under Point a and Point b of this Clause, the Prime Minister shall designate investment registration authority of a province or central-affiliated city to issue certificate of investment registration for the entire projects.

2. Investment projects for renewable energy power and new energy power using sea areas beyond 6 nautical miles from the lowest mean water line of the mainland for multiple years towards the sea.

Chapter III

DEVELOPMENT OF SELF-PRODUCTION, SELF-CONSUMPTION ELECTRICITY FROM RENEWABLE ENERGY, NEW ENERGY

Section 1. GENERAL PROVISIONS

Article 10. Development principles

1. Organizations and individuals in possession of self-production, self-consumption power sources may sell surplus electricity as follows:

a) Surplus of rooftop solar power for self-production and self-consumption may be sold in accordance with this Decree;

b) Surplus of self-production, self-consumption power sources other than those under Point a of this Clause may be sold as long as the surplus does not exceed 10% of total electrical production.

2. Expenditure on purchasing electricity surplus of renewable energy, new energy sources under this Decree shall be recorded and included as input data of annual electricity wholesale and retail pricing of EVN.

3. Projects and structures prior to investment and installation of self-production, self-consumption power sources are to adhere to investment, construction, land, environmental protection, fire safety, fire prevention and firefighting laws.

4. Organizations and individuals are not allowed to import used electrical appliances for the purpose of developing self-production, self-consumption power sources the surplus of which is to be sold to national electrical system.

5. Operational requirements for self-production, self-consumption power sources connected to national electrical system:

a) Self-production, self-consumption power sources shall be so operated to ensure safety for national electrical system, mobilized at the same order of priority as other renewable energy power, new energy power sources of the same type;

b) For self-production, self-consumption power sources connected to electrical grid of 100 kW installation capacity or higher, organizations and individuals have the responsibility to prepare equipment and means for connecting to collection, supervision, control system of dispatch units in accordance with technical requirements published by the EVN on their website;

c) Organizations and individuals under Point b of this Clause transmitting surplus electricity to the national electrical grid are to adhere to dispatch and control orders of load dispatch units;

d) In case of a situation threatening electricity supply capability, load dispatch units shall decide on mobilization, disconnection, reduction to power capacity produced by self-production, self-consumption power sources of 100 kW installation capacity or higher to be transmitted onto the grid in order to maintain electricity supply safety and security.

Article 11. Development capacity of self-production, self-consumption power sources

1. Power capacity of self-production, self-consumption power sources shall conform to electricity laws pertaining to electricity development planning, electrical supply grid development plan under provincial planning, load, and development conditions of electrical system other than electrical sources specified under Clause 5 Article 10 of the Law on Electricity and documents elaborating Clause 5 Article 10 of the Law on Electricity.

2. Organizations and individuals developing self-production, self-consumption power sources have the responsibility to calculate power capacity and electrical production appropriate to their load demands. Encourage organizations and individuals to install power storage system appropriate to load demands or compel organizations and individuals to install power storage system to a percentage required by competent authority (if any).

3. Installation power capacity of self-production, self-consumption power sources of organizations and individuals under Clause 2 of this Article is not to exceed P_max calculated as follows:

a) For organizations and individuals currently purchasing electricity from an Electric utility which measures via single-phase meters:

Where:

U_dđ: Voltage of electricity purchased from electric entity (0,4 kV; 6 kV; 10 kV; 22 kV or other voltage in use in practice);

I_dđmax: Highest intensity measured by electric meter;

k_c: Multiplier of current transformers is presented as ratio between nominal primary current and nominal secondary current (if any).

b) For organizations and individuals currently purchasing electricity from an Electric utility which measures via three-phase meters:

Where:

U_dđ: Voltage of electricity purchased from electric entity (0,4 kV; 6 kV; 10 kV; 22 kV or other voltage in use in practice);

I_dđmax: Highest intensity measured by electric meter;

k_c: Multiplier of current transformers is presented as ratio between nominal primary current and nominal secondary current (if any).

Article 12. Procedures for development of self-production, self-consumption power sources

1. For power sources not connected to national electrical system:

a) Organizations and individuals wishing to develop power sources shall send notice to Departments of Industry and Trade and provincial electric entity stating: Name of applicant; type of power source, power capacity; purpose, location, starting date, finishing date. Departments of Industry and Trade shall consolidate and report to the Ministry of Industry and Trade;

b) Investment and construction of power sources must adhere to investment, construction, environmental protection, fire protection and firefighting laws, and other law provisions.

2. For power sources connected to national electrical system of which surplus electricity is not sold onto national electrical system, organizations and individuals investing and developing power sources shall conform to Point a and Point b Clause 1 of this Article and provisions below:

a) Other than power sources specified under Clause 5 Article 10 of the Law on Electricity, power capacity of such sources shall conform to electricity development planning, implementation plan for electricity development planning, and electrical supply grid development plan in provincial planning;

b) Negotiate with relevant electric entities about connection points and investment boundaries. Electric entities have the responsibility to determine and unify connection points, investment boundaries within 5 working days;

c) Depending on development scale, organizations and individuals are to implement technical, control, supervision, and protection requirements in accordance with electricity laws.

3. For power sources of which surplus electricity is sold onto national electrical system, organizations and individuals shall conform to Point a and Point b Clause 1; Point a, Point b, and Point c Clause 2 of this Article and provisions below:

a) Enter into metering agreement with the surplus Buyer;

b) Apply for electricity license unless exempted from electricity license.

4. Other than self-production and self-consumption rooftop solar power, the sale of surplus electrical production under Clause 3 of this Article shall be proceeded as follows:

a) On a monthly basis, the surplus Buyer shall only pay for the surplus electrical production transmitted to national electrical system and not exceeding 10% of total electrical production measured at generator poles or transmitters. Specific percentage of surplus electricity shall be agreed upon by the parties as per the law;

b) For small-scale self-production and self-consumption renewable energy power plants, price of surplus electricity shall be the average price under annual avoidable cost tariff issued by the Ministry of Industry and Trade;

c) Other than power sources under Point b of this Clause, price of surplus electricity shall be average market price of the previous year published by electrical system and market operators less expenditure on electricity distribution and retailing services. The price of surplus electricity shall be examined, reviewed, and commented on by competent authorities under Regulation on amendment to average electricity retail pricing promulgated by the Government in previous year (if any). Price of surplus electricity is not to exceed the ceiling of electricity generation price bracket applicable to the corresponding model.

Section 2. DEVELOPMENT OF SELF-PRODUCTION, SELF-CONSUMPTION ROOFTOP SOLAR POWER SOURCES

Article 13. Policies incentivizing development

1. Structures compliant with investment, construction, land, environmental protection, fire safety, fire prevention and firefighting laws shall be permitted to be outfitted with self-production, self-consumption rooftop solar power.

2. Households in single-family houses developing power sources less than 100 kW in power capacity and selling surplus electricity onto national electrical system shall be exempted from certificate of household business registration or not required to amend current certificate of household business registration.

Article 14. Sale and purchase of surplus electrical production

1. Entities allowed to sell surplus electrical production include:

a) Rooftop solar power connected to national electrical system of which power capacity development is included in electricity development planning, implementation plan for electricity development planning, electrical supply grid development plan in provincial planning, other than those specified under Point b and Point c of this Clause;

b) Rooftop solar power sources of single-family houses less than 100 kW in power capacity connected to electrical grid of the surplus Buyer;

c) Rooftop solar power sources of organizations and individuals installed on top of structures located in mountainous regions, border areas, islands and connected to electrical grid but not connected to national electrical system.

2. Other than those specified under Clause 5 and Clause 6 of this Article, entities under Clause 1 of this Article have the right to sell surplus electrical production to the surplus Buyer which must not exceed 20% electrical production measured at output of rooftop solar power depending on radiant intensity (measured at output of power inverters, including electrical production in storage system, if any). Monthly electrical production at output of rooftop solar power sources is to be calculated as follows:

A_i = PVout_(i) x P_lđ

Where:

A_i: Electrical production at output of rooftop solar power source in month i, in kWh;

PVout_(i): A multiplier depicting average electrical energy (kWh) per kWp of a rooftop solar power source in the month i in each province, central-affiliated city, in kWh/kWp. Theoretical PVout of 12 months in a year of individual province, central-affiliated city shall be publicized by EVN after consulting the Ministry of Industry and Trade and Ministry of Agriculture and Environment;

P_lđ: Total nominal power capacity of photovoltaic panels of rooftop solar power sources, in kWp.

3. Monthly payment of surplus electrical production under Clause 2 of this Article shall be implemented in accordance with agreement between the surplus Buyer and the surplus Seller as follows:

a) Where surplus electricity transmitted to electrical grid of the surplus Buyer is greater than 20% of A_i, only electricity corresponding to 20% of A_i is paid for;

b) Where surplus electricity transmitted to electrical grid of surplus Buyer is less than 20% of A_i, all electricity transmitted to electrical grid of the surplus Buyer and measured at meters is paid for.

4. Surplus electricity price shall be the average market price of electricity in the previous year published by electrical market operators and not higher than the ceiling of ground-based solar power price bracket.

5. Self-production and self-consumption rooftop solar power sources installed on structures that are public property, sale of surplus electrical production shall be prohibited.

6. In respect of mountainous regions, border areas, islands where electricity supply from national electrical system, surplus electrical production sold by the surplus Seller shall not be limited. All surplus electricity transmitted to electrical grid of the surplus Buyer and measured by meters shall be paid for. Where the aforementioned area are powered by national electrical system, determination of and payment for surplus electricity shall conform to Clause 2 and Clause 3 of this Article.

7. Surplus Seller is to apply for electricity license unless exempted as per the law.

Article 15. Notice of power source development

1. Organizations and individuals developing self-production, self-consumption rooftop solar power sources not connected to national electrical system shall conform to Clause 1 Article 12 hereof.

2. Households in single-family houses developing self-production, self-consumption rooftop solar power source that is less than 100 kW in power capacity and connected to national electrical system shall send notice prepared using Form No. 1 under Appendix attached hereto to local Departments of Industry and Trade, electric entities, construction authorities, fire prevention and firefighting authorities for management, monitoring, and guidelines on compliance with regulations of the law.

3. Organizations and individuals other than those under Clause 2 of this Article developing self-production, self-consumption rooftop solar power source that is less than 1.000 kW in power capacity, connected to national electrical system, and not registered for sale of surplus electrical production shall send notice prepared using Form No. 2 under Appendix attached hereto to local Departments of Industry and Trade, electric entities, construction authorities, fire prevention and firefighting authorities for management, monitoring, and guidelines on compliance with regulations of the law.

4. State authorities and electric entities under Clause 2 and Clause 3 of this Article have the responsibility to guide the notice senders to comply with field-specific regulations of the law at request of the notice senders.

Article 16. Entities required to apply for development of self-production, self-consumption rooftop solar power; entitlement to issuance of certificate of development registration

1. Entities required to apply for development of self-production, self-consumption rooftop solar power connected to national electrical system include:

a) Organizations and individuals that develop power source of 1.000 kW in installation power capacity or higher;

b) Organizations and individuals that develop power source below 1.000 kW in installation power capacity and do not sell surplus electricity but wish to apply for certificate of development registration;

c) Organizations and individuals that develop power source below 1.000 kW in installation power capacity and sell surplus electricity onto electrical grid of surplus Buyer, other than households developing power source below 100 kW in power capacity on roof of single-family houses and entities under Clause 6 Article 14 hereof.

2. Total capacity registered for development under Point a and Point c Clause 1 of this Article is not to exceed power capacity assigned to respective administrative divisions in accordance with electricity development planning.

3. Departments of Industry and Trade of provinces and central affiliated cities shall issue certificate of development registration to entities under Clause 1 of this Article.

4. Eligibility to obtain certificate of development registration:

a) Adequate application is submitted in accordance with Article 17 hereof;

b) Documents of provincial electric utilities confirming that power source to be installed does not overload electrical substations, low-voltage electrical grid, distributing electrical grid of the area.

Article 17. Application for certificate of development registration

1. Application consists of:

a) Form No. 3 under Appendix attached hereto;

b) For households in single-family houses: Design drawing of power source installation; copies of documents relating to structures with roofs as per the law (if any) such as construction permit, written commissioning of fire prevention and firefighting;

c) For organizations and individuals other than those specified in Point b of this Clause: Design drawing of power source installation; copies of documents relating to structures with roofs required by field-specific laws such as decision on project investment guidelines, construction permit, written commissioning of fire prevention and firefighting, written construction commission results, environment license or registration.

2. Receiving authorities: Departments of Industry and Trade of provinces and central-affiliated cities.

3. Submission

Application shall be submitted:

a) In-person at headquarters of receiving authorities. Copies of documents that have not been certified as true copies are to be accompanied by original copies for comparison purposes;

c) Via post together with certified true copies of documents;

c) Via website of receiving authorities in accordance with public service process.

4. Number of application: 1 set.

Article 18. Procedures for issuance of certificate of development registration

1. Where application is inadequate or illegitimate as per the law, Departments of Industry and Trade shall return the application within 3 working days from the date on which they receive the application to enable applicants to revise and submit again.

2. Where application is adequate and legitimate, Departments of Industry and Trade shall accept and request provincial electric entities to remark on potential overload of electrical substations, low-voltage electrical grids, and distribution grids of the area where development is registered. Electric entities have the responsibilities to examine and send their feedback to the Departments of Industry and Trade within 3 working days.

3. Within 10 days from the date on which Departments of Industry and Trade receive adequate and legitimate application, Departments of Industry and Trade shall have the responsibility to issue certificate of development registration using Form No. 4 under Appendix attached hereto. Where requirements for issuance of certificate is not met, Departments of Industry and Trade are to issue written statement and provide reasons.

4. Departments of Industry and Trade shall have the responsibility to specify the time at which they receive the application by date, hour, minute, and process the application by order of submission.

Article 19. Amendment to certificate of development registration

1. Certificate of development registration is to be amended in case of changes to information on structure owners, power capacity, completion date, method for generating and selling surplus electricity of self-production, self-consumption rooftop solar power sources in the certificate.

2. Applications and procedures for amendment to certificate of development registration shall conform to Article 16, Article 17, and Article 18 hereof.

3. Where certificate of development registration is lost or damaged, Departments of Industry and Trade shall issue copies from master registers when requested.

Article 20. Revocation of certificate of development registration

1. Departments of Industry and Trade shall review and decide to revoke certificate of development registration if:

a) Part of electrical capacity or structures is located on land area which is subject to expropriation or site preparation in accordance with decision of competent authorities;

b) Organizations and individuals apply to cease development, operation of power sources previously registered for development;

c) Organizations and individuals fabricate documents of applications; issue certificate of development registration in a manner not respecting entitlement to issuance;

d) Organizations and individuals previously applied for power source development fail to install said power source within 60 days from the date on which certificate of development registration is issued;

dd) Other cases at request of competent authorities occur.

2. Directors of Departments of Industry and Trade shall issue decision revoking certificate of development registration in case of Clause 1 of this Article; other competent state authorities and individuals shall issue decision revoking certificate of development registration in accordance with administrative penalties laws.

Article 21. Construction and installation of power sources for households in single-family houses

Households residing in single-family houses shall develop and install self-production, self-consumption rooftop solar power sources as follows:

1. Design and install power sources in accordance with construction, fire prevention and firefighting, environmental protection laws and power capacity declared to agencies, entities under Clause 2 Article 15 hereof.

2. Procure equipment in accordance with this Decree and applied standards, regulations.

3. Request local electric entities to provide guidelines on installation, technical connection in a manner ensuring electrical safety during operation if connection to electrical grid is established. Electric entities have the responsibility to provide guidelines within 5 working days from the date on which they receive request of households.

Article 22. Investment and construction of power sources conducted by organizations, individuals other than households residing in single-family houses

Organizations and individuals implementing investment, construction, and installation of self-production, self-consumption rooftop solar power sources as follows:

1. Invest and construct power sources in accordance with construction, fire prevention and firefighting, environmental protection laws and power capacity specified in certificate of development registration or power capacity declared to agencies, entities under Clause 3 Article 15 hereof. Where surplus electrical production is sold, other than provisions under Clause, organizations and individuals shall conform to investment laws.

2. Procure equipment in accordance with this Decree and applied standards, regulations.

3. Request local electric entities to provide guidelines on installation, technical connection in a manner ensuring electrical safety during operation if connection to electrical grid is established. Electric entities have the responsibility to provide guidelines within 5 working days from the date on which they receive request of organizations and individuals.

Article 23. Commissioning for construction, installation of power source

1. For households:

a) Commissioning for installation shall conform to construction laws;

b) Exercise electrical safety, construction safety, fire prevention and firefighting before operating power sources.

2. For organizations and individuals other than households residing in single-family houses:

a) Commissioning for construction shall conform to construction, electricity, fire prevention and firefighting, environmental protection laws prior to operation of power sources; ensure electricity quality as per the law;

b) Where surplus electricity is sold onto national electrical system, organizations and individuals are to apply for electricity license unless exempted from electricity license as per the law.

3. Commissioning of remote metering and metering data collection system, on-site monitoring and control system, and connection, communication with collection, monitoring, and control system corresponding to dispatch levels of self-production, self-consumption rooftop solar power sources connected to electrical grid:

a) For power sources below 100 kW of installation capacity and of which surplus electricity is sold onto electrical grid of surplus Buyer, electric entities shall cooperate in commissioning metering system and connecting to remote metering data collection system of surplus Buyer;

b) For power sources 100 kW of installation capacity or higher, electric entities shall cooperate in commissioning on-site monitoring, control system and connecting, communicating with collection, monitoring, control system of dispatch levels; where surplus electricity is sold onto electrical grid of the surplus Buyer, electric entities shall cooperate in commissioning metering system and connecting with remote metering data collection system of the surplus Buyer;

c) For power sources connected to electrical grid of surplus Buyer of which surplus electricity is not sold, installation and commissioning of metering system are not to be required;

d) Within 5 working days from the date on which electric entities receive request of organizations and individuals, electric entities have the responsibility to cooperate in commissioning work items under Point a and Point b of this Clause.

Article 24. Sale and purchase of surplus electricity

1. Organizations and individuals shall submit application for sale of surplus electricity:

a) Written request for electricity sale;

b) Copies of technical dossiers, CO, CQ of photovoltaic panels, capacity of inverters (kW), total capacity of photovoltaic panels (kWp), other component equipment;

c) Copies of certificate of development registration (if any);

d) Copies of relevant documents required by field-specific laws, including: As-built dossiers in accordance with construction laws; documents approving commissioning results produced by construction, environmental protection, fire prevention and firefighting authorities.

2. The parties shall carry out technical inspection and installation of electrical production meters, determining meter readings. The parties shall then sign PPA and close circuit to bring self-production, self-consumption rooftop solar power sources into use; the surplus Buyer shall sign PPA within 5 working days from the date on which they receive written request of the surplus Seller.

3. The surplus Buyer and the surplus Seller shall negotiate and sign PPA prepared using Form No. 5 under Appendix attached hereto.

4. Period of PPA shall be 5 years from the date on which self-production, self-consumption solar power sources are commissioned in accordance with Article 23 hereof and adequate documents under Clause 1 of this Article are provided by surplus Seller. After this period, extension or renewal of PPA shall conform to regulations of the law.

Chapter IV

DEVELOPMENT OF OFF-SHORE WIND POWER

Article 25. Policies incentivizing, supporting off-shore wind power development

1. Off-shore wind power projects shall benefit from regulations, policies under Clause 3 Article 26 of the Law on Electricity if requirements below are met:

a) Investment guidelines of projects are decided or approved by competent authorities before January 1, 2031;

b) For projects providing power for national electrical system, power capacity is within the 6.000 MW approved by competent authorities under electricity development planning.

2. Projects under Clause 1 of this Article shall be eligible for:

a) Exemption from sea area levy during capital construction stage for a maximum of 3 years from the date on which construction is commenced. Reduction of 50% sea area levy for 12 years after the exemption period of capital construction;

b) Exemption from land levy or land rent during capital construction stage for a maximum of 3 years from the date on which construction is commenced. Following exemption period associated with capital construction stage, exemption and reduction of land levy and land rent shall conform to investment laws and land laws;

c) Minimum long-term contracted quantity is 80% during repayment period of loan principal to a maximum of 15 years for projects of which electrical production is sold to national electrical system unless otherwise agreed upon by investors and the Buyer. This regulation is not to be adopted if project fails to produce the minimum output as a result of the project’s fault or load demands or electrical system’s failure to completely use electricity output due to technical limitations.

d) Where time limit specified under Point a and Point c of this Clause expires, the application of incentive policies shall conform to regulations of the law applicable on the date in which the time limit expires.

3. Projects of which investment guidelines are decided or approved after December 31, 2030 shall benefit from incentive policies applicable on the date on which the investment guidelines are decided or approved.

Article 26. Selection of surveying entities for off-shore wind power projects

1. Surveying entities of off-shore wind power projects under Point b Clause 2 Article 27 of the Law on Electricity are to satisfy requirements and qualifications below:

a) Coherent, appropriate, and feasible schemes for implementing survey operations for development off-shore wind power projects are prepared. Power capacity and sea areas proposed for surveying are under electricity development planning or implementation plan for approved electricity development planning;

b) Commitment to use personnel, goods, services of domestic suppliers for the purpose of executing schemes under Point a of this Clause on the basis of ensuring price, quality, schedule, and availability competition is made;

c) Waiver of incurred expenditure regardless of circumstances is made;

d) Financial capability or ability to cooperate with competent organizations in inspecting, surveying in accordance with Point a of this Clause is present;

dd) Written consensus of the Ministry of National Defense, the Ministry of Public Security, the Ministry of Industry and Trade, and the Ministry of Foreign Affairs is issued. Where written consensus is not issued, competent authorities under Clause 2 of this Article shall hold meeting with ministries that do not reach a consensus and relevant agencies, organizations in order to decide surveying entities and allocating sea areas for surveying;

e) Commitment to comply with Clause 1 and Clause 2 Article 26 of the Law on Electricity and environmental protection laws is made.

2. On the basis of criteria under Clause 1 of this Article, the Ministry of Agriculture and Environment shall review, select, and allocate sea areas to surveying entities off-shore power projects in accordance with ocean, resource, sea environment, and island laws.

Article 27. Survey of off-shore wind power projects

1. Survey of off-shore wind power projects is to be conducted at sea areas allocated in accordance with Clause 2 Article 26 hereof and the following provisions:

a) Wind energy surveying, including: Wind direction, height of wind velocity measurement, wind velocity, frequency of occurrence of wind velocity, wind power density;

b) Seabed topography, geography surveying, including: Characteristics of seabed geography, isobaths, seabed sediments; seabed geology sampling and analysis, preliminary assessment of seabed conditions for construction of wind turbine foundation;

c) Oceanography surveying, including: Sea climate, weather, wave height, frequency of storms, risk of tsunami;

d) Marine ecosystem surveying, including: Animals and plants under the sea, on the sea representative of surveyed areas, migration characteristics of animal species;

dd) Maritime operation and inland waterway surveying in the area;

e) Survey of impacts on submarine cables, petroleum operations, petroleum structures and active petroleum rigs;

g) Survey of other conditions that may affect the projects.

2. Documentation and appraisal of survey result report, including:

a) Information on surveyed sea areas; number of samples, location, frequency, time of survey; surveying method, equipment, and means;

b) Results of surveying, analyzing, evaluating details under Clause 1 of this Article;

c) Documents, information, samples, raw data collected from the site;

d) Entities conducting survey shall have the responsibility to choose competent organizations for appraising surveying results.

3. Submission and use of survey results:

a) Within 60 days from the date on which surveying activities end, surveying entities shall submit 1 set of physical documents and 1 set of electronic documents (consisting of: monitoring, measurement data, sampling analysis results except for secret documents as per the law, if any) to the Ministry of Industry and Trade and Ministry of Agriculture and Environment;

b) Surveying results of off-shore wind power projects shall serve as the basis for development of national electricity development plan, planning. Surveying entities have the right to use surveying results for development of projects in which they act as project developers or joint-venture, cooperation in project development as per the law.

4. Enterprises of which 100% charter capital is held by the State assigned by the Prime Minister to exercise surveying tasks in accordance with Point a Clause 2 Article 27 of the Law on Electricity have the responsibility to develop economic - technical norms and unit price of surveying activities and request competent authorities to approve and promulgate. The Ministry of Agriculture and Environment shall take charge and cooperate with Ministry of Construction, relevant agencies in approving, announcing economic - technical norms and unit price of surveying activities.

5. Sea area for surveying and use:

a) Sea area for surveying for off-shore wind power: up to 20 ha/MW;

b) Sea area for implementation of off-shore wind power projects: up to 5 ha/MW;

c) On the basis of wind power development conditions from time to time, the Ministry of Industry and Trade shall request the Government to amend areas under Point a and Point b of this Clause.

6. Accessing, consulting, and using surveying information, data:

a) Other than information and data classified as state secret as per the law, surveying entities have the right to share or provide data for organizations, individuals that are investors participating in bidding for investor selection or project developers selected as per the law;

b) Entities conducting survey may only exercise Point a of this Clause after consulting and obtaining written consensus of the Ministry of National Defense, the Ministry of Public Security, the Ministry of Foreign Affairs, the Ministry of Industry and Trade, and the Ministry of Agriculture and Environment;

c) Entities conducting survey are prohibited from selling surveying information, data, results to other organizations, individuals;

d) Entities receiving surveying information, data from entities conducting survey are to produce written commitment, assume legal responsibilities, and only use the surveying information, data for project development;

dd) Entities conducting survey have the responsibility to record the delivery of information, data, commitment regarding information confidentiality and keep record of delivery as per the law.

Article 28. Eligibility of investors executing off-shore wind power projects

1. Foreign investors, foreign-invested economic organizations under Clause 1 Article 23 of the Law on Investment are, in order to participate in investment or bidding for investor selection for off-shore wind power projects, to meet requirements below:

a) Experience in investment and development of at least 1 other off-shore wind power project that has entered into operation in Vietnam or other countries either via direct investment or capital contribution satisfactory to percentage defined under Point b of this Clause or engagement in project management, construction design, or construction work. In case of a joint-venture established by multiple investors, total experience of all partners in the joint-venture count towards experience requirements;

b) Financial capability in which capital contribution in the project accounts for at least 15% of total expected investment and equity ratio in the project is at least 20%;

c) Participation of domestic enterprises that holds at least 5% of charter capital or at least 5% of voting shares of economic organizations executing the project, including: State-owned enterprises or enterprises of which 100% charter capital is held by the State that hold more than 50% of charter capital or more than 50% of total voting shares;

d) Written agreement of the Ministry of National Defense, the Ministry of Public Security, and the Ministry of Foreign Affairs. Where investors apply for approval of investment guidelines, competent authorities that appraise application for investment guidelines approval shall have the responsibility to seek advice for the purpose of appraisal. In other cases, competent authorities that conduct bidding for investor selection shall have the responsibility to seek advice prior to proceeding with investor selection procedures;

dd) Commitment to utilize personnel, goods, services supplied by domestic providers during project investment, construction, and operation while maintaining competitiveness in terms of price, quality, schedule, and availability.

2. Domestic investors including individuals of Vietnamese nationality and economic organizations established and operating in accordance with Vietnamese laws other than economic organizations under Clause 1 of this Article are, in order to invest in off-shore wind power projects, participate in investment in off-shore wind power projects, or participate in bidding for investor selection for off-shore wind power projects, to fulfill requirements below:

a) Financial capability in which capital contribution in the project accounts for at least 5% of total expected investment and equity ratio in the project is at least 20%;

b) Experience in investment and development of at least 1 other off-shore wind power project that has entered into operation in Vietnam or other countries either via direct investment or capital contribution satisfactory to percentage defined under Point b of this Clause or engagement in project management, construction design, or construction work. In case of a joint-venture established by multiple investors, total experience of all partners in the joint-venture count towards experience requirements;

Article 29. Investor selection for off-shore wind power projects

1. For off-shore wind power projects of which electrical production is sold to national electrical system, other than projects in which the Government approves both investment guidelines and investors in accordance with Article 30 hereof, investor selection for electricity business investment projects shall conform to regulations of the law on investment, bidding, electricity, and provisions below:

a) Electricity ceiling price in bidding documents is not to be higher than the ceiling of electricity generation price bracket applicable to off-shore wind power model promulgated by the Ministry of Industry and Trade in the year in which bidding is conducted; winning bid shall serve as the maximum electricity price for negotiation between the Buyer and awarded investors;

b) EVN has the responsibility to purchase electricity at request of competent authorities or authorities deciding to conduct bidding.

2. Negotiation and conclusion of PPA between the Buyer and awarded investors in respect of projects under Clause 1 of this Article:

a) Within 24 months from the date on which contracts of business investment projects are signed, awarded investors are to approve feasibility study of construction projects for electricity projects;

b) Within 30 months from the date on which contracts of business investment projects are signed, the Buyer and investors shall have the responsibility and obligation to negotiate and decide PPA prices to in order to conclude PPA in a manner adhering to project schedule in accordance with electricity development planning and assuring electricity supply security.

3. For off-shore wind power projects that produce electricity for export via the national electrical system, investor selection shall conform to regulations of the laws on investment, bidding, electricity, and provisions below:

a) Domestic investors under Clause 2 Article 28 hereof are to implement the projects in their entirety or hold more than 50% of charter capital of economic organizations that implement the projects;

b) Electricity export price is not to be lower than the ceiling of electricity generation price bracket applicable to off-shore wind power model promulgated by the Ministry of Industry and Trade in the year in which bidding is conducted;

c) Conclusion of contracts for business investment projects shall conform to bidding laws whereas the signing of PPA shall be negotiated by the parties in manner compliant with Vietnamese regulations of the law.

4. Bidding documents of bidding for investor selection for off-shore wind power projects consist of documents compliant with regulations of the law on bidding, electricity, and the following documents, information:

a) Information on the Buyer;

b) Prefeasibility study of the projects;

c) Draft PPA proposed by the Buyer and submitted to competent authorities deciding to conduct bidding for approval or documents for electricity sale and purchase with foreign countries in case of off-shore wind power projects for electricity export;

d) Incentive policies, regulations under Clause 2 Article 25 hereof;

dd) Document proof of the investors’ ability to meet requirements as per the law;

e) Requirements pertaining to rate of import substitution in respect of important work items, consulting services, and auxiliary services for the purpose of uninterrupted electricity supply and national energy security assurance in accordance with electricity laws.

5. State budget shall incur expenditure on preparation of prefeasibility study by state authorities. Awarded investors have the responsibility to reimburse such expenditure to state authorities that prepare prefeasibility study.

6. The Ministry of Industry and Trade shall decide on conducting bidding for investor selection of off-shore wind power projects. The Ministry of National Defense, the Ministry of Public Security, the Ministry of Foreign Affairs, the Ministry of Finance, and the Ministry of Agriculture and Environment have the responsibility to assign representatives and cooperate in selecting investors for off-shore wind power projects.

Article 30. Cases where the Prime Minister approves both investment guidelines and investors in accordance with Point a Clause 1 Article 28 of the Law on Electricity

1. The Prime Minister shall approve both investment guidelines and investors of off-shore wind power projects where:

a) Enterprises of which 100% charter capital is held by the State propose off-shore wind power projects for implementation at their discretion;

b) Enterprises of which 100% charter capital is held by the State propose off-shore wind power projects for implementation by companies limited affiliated thereto.

2. Where fulfillment of requirements pertaining to capital and experience, qualification is required, enterprises under Point a and Point b of this Clause may establish a joint-venture with other investors for the purpose of executing the first off-shore wind power project. In this case, the enterprises shall be required to hold more than 50% of charter capital or voting shares of economic organizations that implement the projects.

Article 31. Management of off-shore wind power projects and structures

1. Management of off-shore wind power projects and structures ensure stable, safe, effective operation satisfactory to approved design while ensuring national defense and security.

2. Management of off-shore wind power projects and structures shall conform to construction laws and provisions below:

a) The Ministry of Industry and Trade shall manage investment schedule, safe operation of electrical system, electrical safety of off-shore wind power projects, and fulfillment of commitment of foreign investors in accordance with Point dd Clause 1 Article 28 hereof;

b) The Ministry of National Defense, Ministry of Public Security, and Ministry of Foreign Affairs shall manage activities of off-shore wind power projects that involve national defense, security, and national sovereignty;

c) The Ministry of Agriculture and Environment shall manage activities relating to environmental protection, resource production at sea of off-shore wind power projects, aquaculture activities that are relevant to or affecting off-shore wind power projects;

d) The Ministry of Construction shall manage maritime activities that are relevant to or affecting off-shore wind power projects;

dd) Provincial People’s Committees of coastal provinces or provinces where land-based structures affiliated to off-shore wind power projects are located and relevant organizations, individuals have the responsibility to cooperate with state authorities in managing off-shore wind power projects and structures in accordance with this Clause.

3. Management of off-shore wind power projects and structures must:

a) ensure national defense and security;

b) preserve sovereignty, sovereignty rights, jurisdiction at sea, and legitimate benefits of owners of off-shore wind power projects and structures;

c) ensure electricity supply security for projects that sell electricity to national electrical system;

d) ensure stable and uninterrupted operation of the projects and structures;

dd) secure wind power structure protection perimeters and comply with regulations on protection of wind power structures; ensure safety of maritime activities, waterway transport, and other structures at sea.

4. State authorities under Clause 2 of this Article have the responsibility to take charge, cooperate with relevant parties in dealing with arising issues in their respective field during construction, operation of off-shore wind power projects and structures. Issues that exceed authority of presiding agencies and organizations, presiding agencies and organizations have the responsibility to consult relevant parties and report to higher authority figures.

5. Investors, project developers of off-shore wind power projects shall share information on the use of sea waters, infrastructures, existing off-shore wind power structures with other parties as per contracts or agreements between the parties as long as such action does not affect electricity generation, conforms to Vietnamese laws and international practices.

Article 32. Transfer of off-shore wind power projects, shares, capital in off-shore wind power projects

1. The transfer of off-shore wind power projects, shares, capital in off-shore wind power projects is to comply with Clause 1 Article 26 of the Law on Electricity.

2. The transfer and trading of shares, capital, and transfer of projects in part or in whole are to comply with the Law on Investment, the Law on Enterprises, the Law on Vietnamese Sea, and relevant law provisions.

3. Where transfer specified under Clause 1 and Clause 2 of this Article involves foreign investors or foreign-invested economic organizations in accordance with Clause 1 Article 23 of the Law on Investment, written agreement promulgated by the Ministry of National Defense, the Ministry of Public Security, the Ministry of Foreign Affairs, and the Ministry of Industry and Trade shall be required in addition to:

a) Where projects have not entered into operation, receiving investors shall be required to satisfy Clause 1 Article 28 hereof;

b) With the except ion of Point a of this Clause, receiving investors shall be required to satisfy Point c and Point dd Clause 1 Article 28 hereof while maintaining at least 20% of equity ratio in the projects;

c) Investors that are enterprises of which 100% charter capital is held by the State or affiliated entities thereof have the privilege to purchase, in part or in whole, the right to participation in cooperation agreements for off-shore wind power development projects to be transferred. Transferring investors may only transfer if Vietnamese investors do not accept the transfer.

Chapter V

ORGANIZING IMPLEMENTATION

Article 33. Responsibilities of ministries and central departments

1. The Ministry of Industry and Trade has the responsibility to take charge and cooperate with relevant agencies, organizations in:

a) providing guidelines and monitoring compliance with this Decree;

b) concluding and evaluating implementation results of this Decree and reporting to the Government on a periodic basis;

c) directing electrical system and market operator to publicize average electricity market price of the previous year in January each year to enable sale and purchase of surplus electricity from self-production, self-consumption power sources.

2. Ministries, ministerial agencies shall, within their tasks and powers, exercise state management regarding development of renewable energy power and new energy power.

Article 34. Responsibilities of provincial People’s Committees

1. Organize implementation, examine and supervise implementation of this Decree in their provinces and cities.

2. Assign Departments of Industry and Trade to take charge, cooperate with relevant agencies, entities in examining compliance with regulations on fire safety, fire prevention and firefighting, environmental protection during registration for development, installation, and operation of self-production, self-consumption rooftop solar power sources; impose penalties within powers and regulations of the law; consolidate and develop reports on development of self-production, self-consumption power sources not connected to national electrical system in accordance with Point a Clause 1 Article 12 hereof.

3. Assign Departments of Industry to cooperate with provincial electric entities in reviewing, updating, and publicizing information on:

a) Total electrical production of self-production, self-consumption rooftop solar power connected to national electrical system allocated in accordance with electricity development planning, implementation plan for electricity development planning;

b) Total electrical production to which certificate of development registration is issued immediately after changes;

c) Total electrical production un-developed;

d) Certificate of development registration issued to organizations and individuals on website of Departments of Industry and Trade;

dd) Reports submitted to Departments of Industry and trade on development of self-production, self-consumption rooftop solar power of the previous year before January 15 the following year using Form No. 6 under Appendix attached hereto.

Article 35. Responsibilities of EVN

1. Exercise requirements of local state authorities pertaining to consolidation, statistics, and preparation of reports on development of self-production, self-consumption power sources in accordance with implementation plan for approved national electricity development planning.

2. Cooperate with state authorities in examining and proposing actions against development of self-production, self-consumption power sources that violates regulations of the law or affects operation of national electrical system.

3. Evaluate self-production, self-consumption power sources if surplus electricity is transmitted to national electrical system in order to ensure safe grid operation.

4. Monitor self-production, self-consumption power sources connected to national electrical grid, and ensure absolute safety in operation of electrical grids under their management. Monitor operation of electronic meters and system connected to remote data collection system of self-production, self-consumption rooftop solar power sources connected to national electrical grid.

5. Assume responsibility to manage, monitor, provide guidelines, and inspect provincial electric entities that approve development of self-production, self-consumption power sources of entities that sell surplus electricity.

6. Guide member entities to purchase surplus electricity in accordance with this Decree.

7. Declare PV_out value under Clause 2 Article 14 hereof before December 15 each year for the purpose of calculating electrical production at output of rooftop solar power of the following year.

Article 36. Responsibilities, obligations of power companies, power corporations

1. Develop renewable energy power, new energy power in accordance with this Decree and relevant law provisions.

2. Develop self-production, self-consumption rooftop solar power sources as follows:

a) Comply with requirements of local authorities in consolidating, preparing statistics, and submitting reports on development of power source development;

b) Cooperate with state authorities in examining and proposing actions against development of self-production, self-consumption power sources that violates regulations of the law or affects operation of national electrical system;

c) Monitor power sources connected to national electrical system, ensure absolute safety in operation of electrical grids under their management. Monitor operation of electronic meters and system connected to remote data collection system of self-production, self-consumption rooftop solar power sources connected to national electrical grid. In case of any irregularity in electricity usage, inform Departments of Industry and Trade as per the law.

d) Evaluate self-production, self-consumption power sources if surplus electricity is transmitted to national electrical system in order to ensure safe grid operation under their management;

dd) Support and advise organizations, individuals for the purpose of initial inspection upon connection, installation, and operation of power sources connected to national electrical system.

e) Development plans, solutions for monitoring and control in a manner utilizing digital transformation in respect of power sources of which loads are not used on Saturday, Sunday, or holidays to ensure safety in electrical system operation;

g) Monitor, guide, and inspect organizations, individuals developing power sources of which surplus electricity is sold to electrical grids under their management.

3. Refuse to purchase surplus electricity sold by households developing self-production, self-consumption rooftop solar power sources less than 100 kW power capacity if the purchase overloads low-voltage, medium-voltage grid of the area.

Article 37. Responsibilities and obligations of organizations, individuals developing power sources

1. Develop renewable energy power, new energy power in accordance with this Decree and relevant law provisions.

2. Develop self-production, self-consumption rooftop solar power sources as follows:

a) Organizations, individuals developing power sources are to adhere to this Decree and cooperate with electric entities in ensuring safe operation of national electrical system. Organizations, individuals developing power sources are to inform Departments of Industry and Trade after finishing construction, installation, and operation of power sources;

b) Organizations, individuals developing power sources are to adhere to dispatch commands of load dispatch units under Clause 5 Article 10 hereof; adhere to regulations, standards, provisions of the law pertaining to electricity quality, information connection and sharing in accordance with electricity laws;

c) Organizations, individuals developing power sources and selling surplus electrical production to electrical grid of the Buyer have the responsibility to fund, install, set up meters, remote data transfer devices at delivery points, and connection compatible with remote data collection system of electric entities, unless otherwise agreed upon with electric entities;

d) Organizations, individuals developing power sources connected to grid of 100 kW power capacity or higher are to prepare equipment, means for connecting with monitoring and control system of load dispatch units; ensure safe, stable operation of equipment and assume information security, safety as per the law;

dd) Organizations, individuals developing power sources are to collect, decommission, and dispose of all materials, equipment, and wastes produced during construction, installation, and conclusion of power source operation in accordance with environmental protection laws;

e) Organizations, individuals developing power sources are to fund, install, and operate power sources in a manner compliant with electricity, investment, construction, tax, electrical safety, fire safety, construction fire prevention and firefighting, environmental protection, electricity generation and usage safety laws; technical regulations, technical standards on electricity quality, electricity source product and equipment quality; regulations of the law on electricity sale and purchase, contracts, and other relevant law provisions;

g) Organizations, individuals developing power sources have the obligation to cooperate with Departments of Industry and Trade and electric entities in adhering to power capacity allocated in their administrative divisions under electricity development planning, implementation plan for electricity development planning;

h) Organizations, individuals developing power sources are to ensure electrical safety, environmental protection, and fire prevention and firefighting as per the law upon installation of electricity storage system.

Article 38. Responsibilities of managing entities, project developers of industrial parks, industrial complexes, export-processing zones, hi-tech zones, and economic zones

1. Develop renewable energy power, new energy power in accordance with this Decree and relevant law provisions.

2. Develop self-production, self-consumption rooftop solar power sources as follows:

a) Managing entities and project developers are not obstruct and are to enable organizations, individuals to develop self-production, self-consumption rooftop solar power as per the law;

b) Managing entities and project developers are to evaluate self-production, self-consumption rooftop solar power sources of which surplus electricity is transmitted to national electrical system in order to ensure safe operation of electrical system;

c) Managing entities and project developers are to monitor, examine development of self-production, self-consumption rooftop solar power in their jurisdiction as per the law;

d) Managing entities and project developers are to support and give advice to enable organizations, individuals to conduct initial inspection upon connection, during installation, and during operation of self-production, self-consumption rooftop solar power sources connected to national electrical system;

dd) Managing entities and project developers are to manage, monitor, provide guidelines, and supervise organizations, individuals developing self-production, self-consumption rooftop solar power within electrical grid under their authority in accordance with this Decree.

3. Organizations and individuals buying electricity wholesale and selling electricity retail have the responsibility to record surplus electricity received from self-production, self-consumption renewable energy power sources transmitted to electrical grid under management and pay tax for amount sold after deducting grid loss.

Article 39. Transition clauses

1. Organizations and individuals in possession of rooftop solar power sources before January 1, 2021 and in electricity trade with electric entities are not allowed to develop additional power sources in a manner that increase power capacity more than what has been agreed in the contract.

2. For rooftop solar power sources developed from January 1, 2021 to the effective date of this Decree where procedures under Decree No. 135/2024/ND-CP dated October 22, 2024 of the Government have not been adopted, this Decree shall prevail.

3. Application for development of self-production, self-consumption rooftop solar power sources and sale of surplus electrical production received before the effective date hereof shall be handled in accordance with Decree No. 135/2024/ND-CP.

4. Organizations and individuals assigned with sea waters by competent authorities to conduct survey of off-shore wind power development before the effective date hereof shall proceed with surveying operations according to decision on sea water assignment of competent authorities.

Article 40. Implementation

1. This Decree comes into force from the date of signing.

2. Decree No. 135/2024/ND-CP dated October 22, 2024 of the Government expires from the effective date hereof.

3. Where documents referred to in this Decree are amended or superseded, the new documents shall prevail.

4. Difficulties that arise during implementation are to be reported to the Ministry of Industry and Trade.

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