By Dr. Oliver Massmann and Duane Morris team
The Prime Minister of Vietnam on April 1, 2024 approved the Plan for Implementation of National Power Development Plan to 2030, with a vision to 2050 (“PDP8”). Please kindly find below our key highlights.
On April 1, 2024, the Prime Minister issued Decision No. 262/QD-TTg approving the Plan for Implementation of PDP8 (the “Implementation Plan”). Some take-aways:
• The Implementation Plan sets out specific tasks and assignments for the line ministries to coordinate and implement PDP8 from now through 2025. For example, it sets out a timeline for adoption of new prioritized regulations.
• The Implementation Plan does not provide guidelines to address existing issues and concerns over power project bankability such as identifying a mechanism for selection of investors, feed-in tariffs, regulations for encouragement of development of renewable energy projects or bankable transaction templates.
• The Implementation Plan lists important power generation projects as described further below, however we understand from sources in the Ministry of Industry and Trade (“MOIT”) that the MOIT has not yet collected all necessary information from all provincial People’s Committees to finalize all relevant lists of power projects.
A. IMPORTANT POWER GENERATION PROJECTS
The Implementation Plan maintains the planned total capacity of important generation sources in line with PDP8. However, schedules to the Implementation Plan list the exact expected operating years of relevant power projects (instead of the more generic year range as disclosed in PDP8) and the progress toward completion of each project.
The total important power generation projects capacity up to 2030 is approved as follows:
Generation Sources Capacity
Domestic gas thermal power capacity 14,930 MW
LNG thermal power capacity 22,400 MW
Coal-fired power capacity 30,127 MW
Cogeneration power sources, power sources using residual heat, blast furnace gas, and by-products of the technology line 2,700 MW
Hydropower capacity 29,346 MW
Pumped storage hydropower capacity 2,400 MW
B. RENEWABLE ENERGY PROJECTS
1. Wind Power Projects
Approved capacity for offshore wind power projects is 6,000 MW by 2030 in line with PDP8. The Implementation Plan does not list the approved offshore wind power projects. Instead, the list allocates the approved capacity to regions of Vietnam by 2030, i.e., Northern region (2,500 MW), Southern region (1,000 MW), Southern Central region (2,000 MW) and Central Middle (500 MW).
Approved capacity of onshore wind power projects (including nearshore wind power projects) is 21,880 MW by 2030. The Implementation Plan provides a list of onshore wind power projects with respective capacity, location, expected operation years (period) and current status.
2. Solar Power Projects
Total capacity of rooftop solar power projects (for self-consumption) is increased by 2,600 MW by 2030.
There is no list of rooftop solar power projects. However, the Implementation Plan maintains the same list of solar power projects to be implemented after 2030 (but could be conducted within 2024-2030 if the electricity is self-consumed) as provided in PDP8.
3. Other types of power sources until 2030
The Implementation Plan sets a target of 300 MW for flexible power sources. This target is stated as intended to take advantage of existing power grid infrastructure. The purpose is to remediate areas with potential shortages of spare capacity.
The Implementation Plan includes a decision to import approximately 5,000 MW of electricity from Laos, which can be increased to 8,000 MW when there are favorable conditions including reasonable electricity prices. The Ministry of Industry and Trade is directed to report to the Prime Minister to consider and decide on import policies and synchronous grid connection plans for each specific project.
C. PRIORITIZED LEGAL FRAMEWORK UNTIL 2025
The Implementation Plan plans to develop the following laws and regulations to implement PDP8 from now through 2025:
– Price range for power importation from Laos;
– Power generation price ranges;
– Direct Power Purchase Agreement mechanism;
– Regulations for encouragement of development of rooftop solar power project for self-consumption;
– Amended Electricity Law and Amended Law on Efficient Use of Energy; and
– Mechanism for development of market of carbon credit.
It is worth noting that Implement Plan also assigns relevant line Ministries to review and develop other regulations to finalize the legal framework for development of power generation, renewable energy and transmission grids up to 2030 as required by PDP8.
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Please do not hesitate to contact Dr. Oliver Massmann under omassmann@duanemorris.com or any other lawyer listed in our office list if you have any questions on the above. Dr. Oliver Massmann is the General Director of Duane Morris Vietnam LLC.