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June 15, 2016

PLC Energy and Natural Resources (Electricity) 2016/17 – Vietnam Chapter

Practical Law Company

The PLC Energy and Natural Resources Global Guide 2016/17  provides an overview of electricity laws and regulations in jurisdictions around the world, structured in a Q&A format. Vinh Quoc Nguyen, a senior attorney-at-law in Tilleke & Gibbins’ Ho Chi Minh City office, authored the Vietnam chapter of the electricity guide.

The Vietnam chapter covers recent trends including the prevalence of build-operate-transfer projects, regulations such as the Electricity Law of 2004 and the role of Vietnam Electricity, foreign ownership of electricity companies and assets, government policies and incentives including zero import duty for assets which form the fixed assets of a renewable energy project, authorization and operating requirements, and electricity transmission, distribution, and supply. The chapter also discusses tax issues and proposals for reform including the liberalization of Vietnam’s electricity market.

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With reference to the concession agreement form, as issued under the Ministerial Regulations of the Ministry of Energy regarding the Form for the Designation of a Concession Agreement B.E. 2555 (2012) (“Ministerial Regulations re: the Concession Agreement Form”), the form includes a provision that is related to dispute resolution by arbitration, as set out in Clause 13 of the Concession Agreement.
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