solar – Page 2 – Duane Morris Vietnam

July 4, 2017 by Dr. Oliver Massmann

Vietnam Solar Power – Taking stock of Vietnam’s solar energy potential – What you must know:

With the latest official issuance of a Solar Decision, Vietnam has made steady progress on its solar energy potential. The FIT is introduced in the Solar Decision to be 9.35 UScents/ kWh for grid-connected solar projects. The draft solar Power Purchase Agreement has also been recently introduced in a draft Circular guiding the Solar Decision by the Ministry of Industry and Trade.

This webinar offers valuable insights into the newly formulated framework for Solar PV in the country and covers:

The roles and obligations for EVN carried forward by the draft
The bankability of the draft solar PPA, its guarantee scheme and room for negotiation
Insights how to make most of the opportunity for PV in the market – the 30MW off-grid rule – Getting Solar Power Project done in reasonable time:

More information of the webinar can be found here: https://www.pvtrademissionvietnam.com/webinar;

Please do not hesitate to contact Dr. Oliver Massmann if you have any questions under omassmann@duanemorris.com. Dr. Oliver Massmann is the General Director of Duane Morris Vietnam.

THANK YOU!

May 24, 2017 by Dr. Oliver Massmann

Vietnam – Solar Power – Breaking News Update First draft of the solar Power Purchase Agreement released by the Ministry of Industry and Trade

Following the issuance of Decision No. 11/2017/QD-TTg of the Prime Minister on mechanism for encouragement of development of solar power in Vietnam (Decision 11), the Ministry of Industry and Trade released the first draft of a Circular guiding the Decision last month (Draft Circular). The Circular is aimed at providing regulations on formulation, approval and amendment of the national as well as provincial power master plan. In addition, the draft solar Power Purchase Agreement (Draft PPA), which is of great interest for many foreign investors, is also provided in the Circular as a mandatory template for future solar power projects with only minor changes expected to be permitted during the contract negotiations.

In essence, the Draft PPA is almost the same as current applicable PPAs for renewable projects. This creates bankable issues for solar projects and a hindrance to foreign investors planning an investment in the sector.

Feed-in-Tariff (FiT)

The draft Circular repeats the solar FiT for power output from on-grid projects and excessive power output generated from rooftop projects specified in Decision 11 to be VND2,086/kWh or US 9.35 cents/kWh. However, unlike Decision 11, the Draft PPA does not require that the conversion between USD and VND be according to the exchange rate at the time of payment.

EVN’s rights and obligations as the sole off-taker

EVN is delegated to purchase all power output generated from solar power projects pursuant to terms and conditions of the draft PPA within 20 years.

It is noteworthy that the Draft Circular and the Draft PPA list out certain circumstances where EVN is not obliged to purchase power as negotiated with the seller, for example:

when EVN is in the process of installing equipment, or making repairs, replacement, inspection or examination of the grid connection of the seller’s power plant;
when the transmission grid or the distribution grid connected to EVN’s grid has a problem or grid equipment directly connected to EVN’s transmission grid or the distribution grid has a problem; and
when EVN’s grid needs support to recover after the incident in accordance with the provisions of operation of the national power system and the standards, technical regulations of the electric industry.

Unfortunately, the current Draft PPA does not include provisions protecting the interests of the seller in the abovementioned circumstances. It is quite risky for the producer if the output is ready to be fed to the grid but the connection is not available to do so. Absent a clear indication of whether the Draft PPA is a ‘take or pay” agreement, investors will find it difficult to secure and ensure the profits and revenue of their projects.

Dispute resolution

The Draft PPA allows either party to the agreement to bring the dispute to local courts for litigation and other energy-related state bodies of Vietnam (General Directorate of Energy and the Electricity Regulatory Authority of Vietnam) for mediation and resolution.

The Draft PPA does not provide for international arbitration to be an option to resolve the dispute. This could be a great concern for foreign investors, especially those of large utility scale projects.

Other key issues of concern

No Government guarantee to enhance the credit of EVN as the sole off-taker;
No provision addressing the risks of changes in applicable laws; and
The Draft PPA is required to follow a specific template, which is not bankable.

While the current Draft PPA leaves certain key issues unresolved, we note that this is only the first draft. Thus, it will be subject to potential revisions before its official adoption. We believe that with lessons learnt from the PPA for other renewable projects, the Ministry of Industry and Trade will complete the Draft PPA towards a mutually beneficial agreement for both the seller and the purchaser.

How to avoid EVN – The 30 MW rule

Considering the monopoly role of EVN as well as tough negotiation of the PPA, investors could still get out of this trouble. According to Article 1.2 of Circular No. 56/2014/TT-BCT promulgating methods to determine electricity generation price and examination steps of the PPA, the important requirement to negotiate with EVN is whether it is an on-grid or off-grid project. If it is an on-grid project with capacity of more than 30 MW or under 30 MW but voluntarily participating in the power market, the investor must negotiate with EVN. This means if the project is off-grid, there will be no requirement to negotiate with EVN. Therefore, if you are new to the market, an off-grid 30MW project or less is a smart option to test the water. Once you have built up your track record, you can go for larger scale projects.

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Please do not hesitate to contact Oliver Massmann under omassmann@duanemorris.com if you have any questions or want to know more details on the above. Oliver Massmann is the General Director of Duane Morris Vietnam LLC.

April 14, 2017 by Dr. Oliver Massmann

VIETNAM – SOLAR POWER – AMAZING BREAKING NEWS – THE VERY FIRST SOLAR LAW – GOVERNMENT’S SUPPORTING REGIME FOR SOLAR POWER PROJECTS IN VIETNAM FINALLY OUT

On 11 April 2017, the Prime Minister officially approved the issuance of Decision No. 11/2017/QD-TTg on supporting regime for the development of solar power projects in Vietnam.

We note below some major points in this Decision:

Feed-in-tariff (FIT) rate

EVN is responsible for buying the whole electric output from on-grid solar power projects with the electric buying price at the point of electricity receipt to be 2,086 Vietnamese dong/kWh (equivalent to 9.35 UScents/kWh) (VAT excluded). This FIT only applies for on-grid projects with capacity of solar cell being over 16% or of solar module being over 15%.

There is no FIT for rooftoop solar power projects if such projects are not grid-connected. This is one of the differences compared with the previous Draft Solar Decision which sets a seperate FIT for rooftop projects when they are connected to the grid.

The FIT is based on the VND/USD exchange rate issued by the State Bank of Vietnam on 10 April 2017 (USD 1 = VND22,316). This FIT will be adjusted according to the fluctuation of the VND/USD exchange rate as specified in the standard Power Purchase Agreement (PPA) to be issued by the Ministry of Industry and Trade. We note that the solar PPA will have a term of 20 years from the commercial operation date of the solar plant and can be extended/ renewed based on regulations in effect at that time.

Investment incentives

Investment capital: Investors may mobilize capital from domestic or overseas organizations and individuals to invest in solar power projects.

Import duty: Solar power projects are exempted from import duty on goods imported to create fixed assets of the projects; components, materials and semi-finished products which are not available at home for the project’s operation.

Corporate income tax: solar power projects will also enjoy the same corporate income tax exemption and reduction as projects in sectors receiving investment incentives according to the current regulations on taxation. For example, corporate income tax rate of 10% will be applied for 15 years, tax exemptions within 4 years and tax reduction by 50% in the next 9 years.

Land: Solar power projects, lines and transformer stations connected to the national grid enjoy the same exemptions and reductions in land use, land rental as projects being entitled for preferential investment treatment. Such incentives, among other things, include exemption of land rental within 3 years from the operation date of the project.

Projects included in the Power Master Plan

The Power Master Plan, whether it is national or provincial, only applies for on-grid solar projects.

Projects of 50MW or below will be approved by the Ministry of Industry and Trade to be included in the Power Master Plan, while those of more than 50MW will be approved by the Prime Minister.

Thus, it could be understood that off-grid and rooftop projects do not have to be included in the Power Master Plan. This will save the investors the hassle of negotiating the PPA with EVN.

The Decision has effect from 01 June 2017 to 30 June 2019.

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March 24, 2016 by Dr. Oliver Massmann

Lawyer in Vietnam Oliver Massmann Solar Power Latest Updates on Draft Laws:

We have contacted the Department of Renewable Energy under the MOIT who is in charge of drafting this Decision. The Decision is still in a draft version (although it has been submitted to the Prime Minister for signature), thus can’t be published yet.

The final Decision will be issued this year but the exact timing is still uncertain.

Through our consultation with an official of the Department about the content of the Decision, for on-grid solar projects, the FIT rate will be 11.2 UScents/ kWh.

For on-grid rooftop solar projects, the rate will be 18 UScents/ kWh.

The rate in VND will be indicated in the final Decision based on the USD/VND exchange rate at that time and the MOIT will issue an Official Letter every year to adjust the rate in VND according to the fluctuation in the exchange rate.

Rooftop solar projects of less than 50kW will not have to connect to the grid. For those of more than 50kW, connection to the grid is required and an electricity operating permit must be obtained.

Please do not hesitate to contacts Oliver Massmann under omassmann@duanemorris.com if you have any questions on the above. Oliver Massmann is the General Director of Duane Morris Vietnam.

Thank you !

February 22, 2016February 25, 2016 by Dr. Oliver Massmann

Lawyer in Vietnam Oliver Massmann SOLAR ROOFTOP PROJECT KEY DRIVERS

1. What are the key factors that are driving and restraining the ROOFTOP SOLAR POWER projects market in Vietnam?
In our view, following factors influence investors’ decision in investing in Rooftop Solar Power (RSP) projects in Vietnam:
• Low FIT: the proposed draft law suggests that ‘when electricity generated is higher than electricity consumed, the difference shall be purchased by the purchaser at the connection point, with the electricity tariff is 3150 VND/kWh (excluding value added tax, equivalent of 15 USDcents/kWh). Electricity tariff shall be adjusted according to the fluctuations of the exchange rate between VND/USD’.
• Lack of information on solar power: As a RSP project investment costs are relatively high, investors seek necessary information to support their investment decision. Nevertheless, there is no complete survey or complete source of information on solar energy that investors may access.
• Legal framework: The legal framework for solar power plants are under development. The MOIT is now working on a new draft decree to deal with difficulties that investors may face including application for tax incentives, import of equipment, convenient funding plans, etc.
• Other considerations such as investment costs, technology, etc.

2. Questions regarding cumulative installed capacity:
i. As of December 2013, the cumulative installed capacity for solar PV was 4 MW. What is your estimate of cumulative installed capacity till end of 2015?
The Vietnamese solar PV market is still very small with only around 4.5 MWp installed capacity at the end of 2014. Vietnam is expected to increase to around 7 MWp until 2020 and 1,500 MWp until 2030 with a respective share in renewable power generation capacity of 1.2% (by 2020) and 12.8% (by 2030). I do not have the exact number of cumulative installed capacity in 2015 but I estimate that it should have reached 5MWp.
ii. In your opinion, rooftop solar power installation accounted for how many percent of total solar PV installations? ( 2%?, 5%?)
We do not have access to any official source of latest information on specific numbers of RSP installations and total solar PV installations. Nevertheless, as noted in our answer to your Question 3 above, Vietnam has roughly 15,000 small scale PV off-grid applications, by the end of 2014. Based on such records, the rough percentage of installations of rooftop solar power installations would be 40% of the total solar PV installations (i.e. 6,000 RSP installations for solar home systems and small size PV systems for public use vs. 9,000 ground mounted PV installations for BTS, telecommunication use, public lightening systems and solar signal lights).
iii. What is the expected growth rate from 2016-2020? Is the growth rate of the industry moving in the right direction to achieve the proposed target? (if any?)
It is expected to achieve around 7 MWp until 2020 (growth rate 40% compared to 2016). Yes, the growth rate is moving in the right direction.

3. We are trying to identify the key end-users for ROOFTOP SOLAR POWER systems. What is the percentage (approx.) installed capacity among each of them: Residential, Commercial (Buildings) and Others (Car parking facilities, etc.
We do not have specific figures of RSP system’s installed capacity but according to a recent report of solar power in general, by the end of 2014, roughly 15,000 small scale PV off-grid applications with a total capacity of 3,600 kWp, the vast majority being <200 Wp of size only a few with more than 1kWp, were installed in Viet Nam. Of those, around 5,000 are solar home systems (SHS) with a size of 20-200Wp, 2,100 are telecommunication and BTS systems (300-4,000 Wp) and more than 1,000 are small size PV systems for public use such as in community centers, schools or medical centers (up to 3,000 Wp), which are deployed in rural and mountainous areas or on islands. Furthermore, around 5,000 solar signal lights (20-100 Wp) and 2,000 public lighting systems (50-250 Wp) were installed alongside streets and highways throughout the country.

4. Questions regarding cost:
i. What is the installation cost involved per kWp among different end-user segments in your country? (Residential, Commercial, Community) How is it likely to change in the future?
Residential/Community: $2,500 to 3,000 per kWp
Commercial: $4,500 per kWp
The installation costs can be reduced in future thank to increasing use of locally made products in solar power system and commitments to support including investment costs of the Government of Vietnam.
ii. What is the percentage break-up of installation costs among the various components in a ROOFTOP SOLAR POWER system? (Module, Charge controller, battery, inverter etc.)
Let take an example of a PV at the capacity of 1KWp/2KVA, the percentage of components costs exclusive of costs paid to installation of works by workers will be as follows:
Components Unit Price (USD)
Solar Panel 12 1,636
Battery 6 819
Inverter 1 410
Controller 2 367
3,232

5. What kind of solar panels are largely in demand for ROOFTOP SOLAR POWER systems (Monocrystalline/polycrystalline panels, thin film technologies)? Why? What is the average price range ($/Watt p) for these solar panels in Vietnam?
Monocrystalline/polycrystalline panels are popular in Vietnam as off-grid installed capacity in Viet Nam is dominated by smaller applications such as Solar Home Systems (SHS). Depending the quality and the brand name, the price is different. The average price is 3-5USD/Watt p.

6. How do you hear about new projects and could you please provide me with more examples of key recent projects? How these projects are funded? (banks, financial institutions, government, self-funded)
Basic information of big projects is usually published on the internet. Recently, Vietnam is going to build the first solar power project in Quang Nam with the installed capacity of 120 MW per year, invested by a domestic company Indochina Energy Industry Company Limited.

7. How many system integrators or installers are involved in installing ROOFTOP SOLAR POWER systems? Are there more local players or MNCs? What is the role of system integrator in such contracts? Who are the top 5 system integrators in Vietnam?
We assume that not more than 20 companies, most of them are local and produces components in solar cells/panels and related electronic devices (e.g. – controllers), act as integrators and/or installers. Major players including Hung Gia (Installation), Vtechco (Installation), Vu Phong (Installation), Nam Thai Ha JSC (Solar Materials Incorporated), Red Sun Solar (Solar Cells), Viet Linh AST (solar system), NICS Integration System (Installation).
We do not have specific market shares figures of biggest players in the market but are able to involve a professional market research company to do this job on your behalf.

8. Who are the top 5 competitors/ which brands of solar modules are highly popular in the ROOFTOP SOLAR POWER market?
The rooftop solar power market in Vietnam is still developing and there are not so many competitors yet. The popular names of Rooftop Solar Power Market are Red sun solar, Viet Vmicro JS, Panasonic, Megasun, IREX.

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Please do not hesitate to contact Oliver Massmann under omassmann@duanemorris.com if you have any questions or want to know more details on the above. Oliver Massmann is the General Director of Duane Morris Vietnam LLC.

THANK YOU !

October 2, 2015October 13, 2015 by Dr. Oliver Massmann

Lawyer in Vietnam Oliver Massmann Solar Power Vietnam Breaking News: First Ever Regulations GOVERNMENT’S INCENTIVES TO DEVELOP SOLAR POWER PROJECTS IN VIETNAM

Vietnam is among the countries with the world’s highest annual sunshine allocation on the world’s solar radiation map. This is an advantage for Vietnam in its efforts to develop a solar power industry, in the context of increasing demand for electricity and the potential risks of traditional electricity production sources.
To encourage investment in renewable energy projects, the Vietnam Ministry of Industry and Trade (MOIT) has proposed the first Draft Decision of the Prime Minister on incentives for solar power projects, especially in terms of investment capital, tax and land use rights. These incentives would apply to power generation projects using the photovoltaic method. The following analysis is based on the latest Draft Decision, which will be subject to further changes when the official decision is adopted.
Investment incentives
Investment capital: Investors may mobilize capital from domestic or overseas organizations and individuals to invest in solar power projects. Such projects are entitled to investment credit and export credit incentives. In particular, investors could apply for a loan of up to 70 percent of the total investment capital of their project with a maximum term of 12 years. Moreover, investors could also enjoy export credit incentives in a loan of up to 85 percent of the export/import contract value, also with a maximum term of 12 years.
Import duty: Solar power projects are exempted from an import duty on those goods imported to create fixed assets of the projects; these include components, materials and semi-finished products that are not available in Vietnam and that are needed for the project’s operation.
Corporate income tax: According to current taxation regulations, solar power projects will also enjoy the same corporate income tax exemption and reduction as projects in sectors that are receiving investment incentives. For example, a corporate income tax rate of 10 percent will be applied for 15 years, tax exemptions will occur within four years and taxes will be reduced by 50 percent in the next nine years.
Land: Solar power projects, lines and transformer stations connected to the national grid enjoy the same exemptions and reductions in land use and land rental as projects entitled to special investment treatment. Such incentives, among other things, include exemption of land rental within three years from the operation date of the project.
Who will be the off-taker?
According to the Draft Decision, the Electricity of Vietnam (EVN) or its authorized member units will be the power purchaser. The power sale and purchase will be conducted by negotiating and signing the power sale and purchase agreement according to the template agreement stipulated by the MOIT. Terms of the agreement extend 20 years from the commercial operation date of the project. Duane Morris will continue to monitor the issuance of the template agreement by the MOIT.
Feed-in-tariff (FIT) rate
EVN is responsible for buying the whole electric output from solar power projects, with the electric buying price at the point of electricity receipt to be 1,800 Vietnamese dong/kwh and 3,500 Vietnamese dong/kWh (equivalent to 12 U.S. cents/kWh and 16.7 U.S. cents/kWh).
For solar power projects installed on the roof of a house connected to the grid, if the electricty generated is more than that consumed, the difference to be bought at the point of electricity receipt is 3,150 Vietnamese dong/kWh (not including VAT, equivalent to 15 U.S. cents/kWh). This price will be adjusted based on the fluctuation rate between the Vietnamese dong and U.S. dollar. If the electricity generated is less than that consumed, the electricity received from the grid must be paid at the normal commercial price charged by the electricity purchaser.
The above FIT rate is still low compared to other neighboring Asian countries. In Thailand, the new FIT is THB 5.66/KWh (about 15.7 U.S. cents/kWh) for a solar farm of less than 90MW. For a solar rooftop, the FIT rate varies depending on the capacity of the project. With a solar rooftop of 250–1,000 KW, the FIT would be THB 6.01/kWh (about 17 U.S. cents/kWh). The FIT for solar rooftops of 10–250 KW and less than 10KW are THB 6.40/kWh (about 18 U.S. cents/kWh) and THB 6.96/kWh (about 19 U.S. cents/kWh), respectively. In the current Draft Decision, Vietnam does not draw any difference between the capacity of the solar rooftop projects but sets the FIT rate based on the difference between electricity consumed and generated. Meanwhile, the FIT in the Philippines for solar power projects is also higher than that of Vietnam, i.e., P 9.68/kWh (equivalent to 21 U.S. cents/kWh). As Vietnam’s FIT is still in the drafting process and not yet final, the anticipation is high for this to be amended in the next draft to reach regional levels. This is of vital importance to attract investment.
Conclusion
If the Draft Decision is adopted, it would be the first-ever legal document regulating solar energy in Vietnam. The Government of Vietnam strives to attract foreign investment in the sector and to take full advantage of the plentiful solar energy—an average solar radiation of 5kWh/m2 per day—across Vietnam. Foreign investors, especially those in the U.S, have been eyeing Vietnam for their investment in clean energy. The Government of Vietnam is aware of the need to garner support for these projects and is offering incentives. While these projects may not meet investors’ expectations in the immediate future, the movement appears positive. The developing agreement on the Trans-Pacific Partnership (TPP), affecting Vietnam, the United States and 10 other countries, points the way toward a developing energy sector in general—and clean energy in particular. Therefore, these factors suggest a growing market and plenty of investment incentives for U.S investors, as well as other members of the TPP.
Oliver Massmann is the General Director of Duane Morris Vietnam LLC. Mr. Massmann practices in the area of corporate international taxation and on power/water projects, matters related to oil and gas companies and telecoms, privatization and equitization, mergers and acquisitions, and general commercial matters for multinational clients in relation to investment and doing business in Vietnam. He can be reached at omassmann@duanemorris.com.

Disclaimer: This article is prepared and published for informational purposes only and should not be construed as legal advice. The views expressed in this article are those of the author and do not necessarily reflect the views of the author’s law firm or its individual partners.