You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

August 16, 2022

Mechanism Proposed for Transitional Wind and Solar Projects in Vietnam

Subscribe to Updates

On July 21, 2022, Vietnam’s Ministry of Industry and Trade (MOIT) submitted Report No. 126/BC-BCT to the Prime Minister regarding the mechanism for transitional wind and solar power projects. In this report, the MOIT proposed some recommendations to explicitly address difficulties for outstanding wind and solar power projects (“Transitional Projects”) which have been developed under the Prime Minister’s Decision No. 13/2020/QD-TTg dated April 6, 2020, on the development of solar power projects (Decision 13) and Decision No. 37/2011/QD-TTg dated June 29, 2011, on the development of wind power projects (Decision 37), as amended by Decision No. 39/2018/QD-TTg dated September 10, 2018 (Decision 39).

The Transitional Projects primarily include those which have completed construction but have not yet been put into operation, and those which have been put into operation but for which the power price has not yet been decided, due to missing the deadline set forth under the aforementioned decisions to be eligible for the feed-in-tariff (FIT).

In particular, the MOIT has proposed the following key recommendations to the Prime Minister:

Mechanism for Transitional Projects

The MOIT proposes two options:

Option 1: Developers of the Transitional Projects negotiate and sign power purchase agreements (PPA) with Vietnam Electricity (EVN) within the price framework issued by the MOIT in accordance with the Law on Electricity, the Law on Prices, and their subordinate guiding legislation; or

Option 2: The Prime Minister formulates a new decision specifying the mechanism for bidding on the purchase of power produced by the Transitional Projects, estimated to be implemented for the time limit of three years and within the price framework issued by the MOIT.

Mechanism for future wind and solar power projects

The MOIT proposes to apply the mechanism that developers of future wind and solar projects negotiate the power price and sign the PPA with EVN within the price framework and guidance issued by the MOIT to ensure compliance with the Law on Electricity, Law on Prices, and other related legislation.

Mechanism for  approved/accepted projects put into commercial operation

The Prime Minister is requested to issue a written direction so that the MOIT can have grounds to provide subsequent guidance for review and reconsideration of the signed PPA between EVN and the developers to balance the interests and benefits of the related parties, including sellers, buyers, end-user customers, and the state.

Invalidation of Decision 13, Decision 37 and Decision 39

Currently, Decision 13, Decision 37 and Decision 39 are still legally effective. Nevertheless, the MOIT requests the Prime Minister to repeal these decisions for the following reasons:

  • Provisions on the FIT are no longer effective (from January 1, 2021, for solar power and from November 1, 2021, for wind power).
  • A number of key provisions of these decisions are no longer appropriate, including (i) the PPA term of 20 years; (ii) the FIT’s adjustment following the fluctuation of the exchange rate between VND and USD, which is applied for 20 years from the commercial operation date; and (iii) EVN’s responsibility to purchase all of the power generated from solar and wind projects.
  • The price of renewable energy around the world has shown a downward trend recently, and the market has become increasingly competitive. Therefore, it is no longer appropriate to maintain the supportive policies for wind and solar power projects under these decisions.

Upon cancellation of these decisions, the MOIT will subsequently amend its guiding circulars, including Circular No. 02/2019/TT-BCT dated February 28, 2019, and Circular No. 18/2020/TT-BCT dated August 31, 2020, on development of wind and solar power projects, to align with the new mechanism.

Related Professionals

Industries

Energy

Practices

Corporate/M&A

Location

RELATED INSIGHTS​ 

January 27, 2025
Thailand’s Ministry of Energy (MOE) has announced the launch of the 25th bidding round for petroleum exploration and production. This round offers nine greenfield onshore blocks—seven in northeastern Thailand and two in central Thailand—encompassing over 33,000 km². The bids can be submitted from July 1 to July 16, 2025. The sizes and locations of these blocks are: Northeast Thailand Block L1/66: 3,223.51 km² (Khon Kaen, Nong Bua Lam Phu, Udon Thani) Block L2/66: 3,917.03 km² (Kalasin, Sakon Nakhon, Udon Thani) Block L3/66: 3,918.22 km² (Kalasin, Khon Kaen, Maha Sarakham, Udon Thani) Block L4/66: 3,656.65 km² (Amnat Charoen, Mukdahan, Nakhon Phanom, Yasothon) Block L5/66: 3,436.01 km² (Chaiyaphum, Khon Kaen, Nakhon Ratchasima) Block L7/66: 3,438.51 km² (Buri Ram, Maha Sarakham, Nakhon Ratchasima, Roi Et, Surin, Khon Kaen) Block L9/66: 3,885.44 km² (Nakhon Ratchasima) Central Thailand Block L6/66: 3,966.86 km² (Chaiyaphum, Lop Buri, Phetchabun) Block L8/66: 3,957.41 km² (Kanchanaburi, Nakhon Pathom, Ratchaburi, Suphan Buri) Bidding Process Interested companies must submit their bids to the Department of Mineral Fuels (DMF) between July 1 and July 16, 2025. Bids should include: Application form (ChorThor/Por1) Proof of eligibility: Corporate documentation, audited financial statements, and proof of resources Technical and commercial proposals: Exploration plans, geological surveys, financial and work commitments, and special benefits such as signing bonuses of at least USD 100,000. There is a nonrefundable THB 50,000 application fee per block, and applicants must provide a bid bond of THB 3 million per block via an unconditional bank guarantee from a commercial bank with branches in Thailand, valid for at least one year from the bidding submission date. The guarantee will be returned to unsuccessful bidders upon request and to successful bidders upon the signing of the concession agreement. Eligibility Bidders must meet the following main eligibility criteria: Bidders must be limited companies with the following qualifications: The company must have the objective of
Read More
January 23, 2025
In 2023, compliance inspections by Vietnam’s Government Inspectorate identified several violations of policies and laws in the management and implementation of planning and investment in renewable energy projects. Since then, many renewable energy enterprises and projects have encountered significant operational challenges. In December 2024, the Ministry of Industry and Trade (MOIT) issued two reports, Report 321/BC-BCT and Report 345/BC-BCT, to implement the 2023 Inspection Conclusion of the Government Inspectorate and address obstacles faced by renewable energy enterprises, Investors in renewable energy projects in Vietnam should carefully consider the potential impacts of proposed solutions in these reports. The reports re-emphasize the types of violations related to renewable energy projects identified in the Inspection Conclusion, with a significant expansion in the number of affected projects. Key violations include: (i) misapplication of FIT (feed-in tariff) incentives; (ii) recognition of COD (commercial operation date) and receipt of FIT prices without written approval of construction acceptance; (iii) overlap with mineral planning, irrigation planning, national defense land use, or other restricted land uses; (iv) incomplete land procedures and documentation; and (v) installation of rooftop solar on agricultural and forestry land used for farming and aquaculture models. Further, these reports mention the government’s solutions to resolve difficulties for renewable energy projects, which include: Allowing additional planning where projects do not violate national security. Allowing rectification of projects’ violations in land and construction process as per law. For projects violating planning on minerals, irrigation, or defense, socio-economic efficiency will be assessed for adjustments or integration. Adjusting electricity prices and recovering incorrect FIT prices for projects not meeting conditions. Requiring rooftop solar projects on non-farming land to comply with regulations or, if land violations occur, FIT prices will be revoked, and electricity prices must be redetermined and recovered. For items (iv) and (v), the authority will issue regulations
Read More
January 14, 2025
Thailand’s Department of Industrial Works (DIW) has issued a new regulation (Ministerial Regulation Re: Designation of Type, Kind, and Size of Factories (No. 3) B.E. 2567 (2024)), which removes the factory license requirement for electricity generation from solar energy installations on rooftops, roof decks, or any part of a building used for residential or other purposes, regardless of capacity. The new rules took effect on December 28, 2024. Under the previous regulations, solar rooftop installations had to seek approval from the DIW if their capacity exceeded 1,000 kW (1 MW), which added time and administrative costs when adopting renewable energy solutions. Benefits and Further Compliance The updated regulation benefits industrial operators by facilitating faster installation times and lower costs, as solar rooftops can now be installed without the need for prior approval of a factory license from the DIW. Operators can now more easily contribute to environmental sustainability and carbon reduction efforts. Despite the lifting of the factory licensing requirement, other compliance obligations, such as an energy business license (or exemption from an energy business license), a controlled energy production license, and a construction permit, may still apply. Reason for the Change Removing the classification of rooftop or building-installed solar power plants as factories aligns with Thailand’s renewable energy goals and reduces regulatory burdens for industrial operators. Additionally, it supports the achievement of energy policies aligned with the UN’s Sustainable Development Goals and Thailand’s international commitments to reduce greenhouse gas emissions through the participation of all sectors. For further details on how this change affects business operations or to explore strategies for renewable energy implementation, please contact Supasit Boonsanong at [email protected], Charuwan Charoonchitsathian at [email protected], or Phareeya Yongpanich at [email protected].
Read More
December 4, 2024
Thailand Legal Basics, a valuable primer for foreign investors, explores all aspects of living and doing business in Thailand. Written by specialists at Tilleke & Gibbins in Bangkok, it is the only comprehensive English-language guide to the Thai legal system with a focus on the concerns of foreign business and investment.
Read More