CIRCULAR

REGULATIONS ON DOCUMENTATION, PROCEDURES, AND PROCEDURAL REQUIREMENTS FOR THE PURCHASE AND SALE OF ELECTRICITY WITH FOREIGN COUNTRIES

Pursuant to the Electricity Law dated November 30, 2024;

Pursuant to Decree No. 96/2022/NĐ-CP dated November 29, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade; and Decree No. 105/2024/NĐ-CP dated August 1, 2024 of the Government amending and supplementing certain articles of Decree No. 96/2022/NĐ-CP dated November 29, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

At the proposal of the Director of the Electricity Regulatory Authority,

The Minister of Industry and Trade issues this Circular stipulating documentation, procedures, and procedural requirements for the purchase and sale of electricity with foreign countries.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides detailed regulations on Article 46, Clause 8 of the Electricity Law No. 61/2024/QH15 dated November 30, 2024 regarding documentation, procedures, and procedural requirements for the purchase and sale of electricity with foreign countries.

Article 2. Applicability

This Circular applies to the following entities:

1. Vietnam Electricity Corporation.

2. Other organizations and individuals in Vietnam that have the need to purchase or sell electricity with foreign countries.

Article 3. General Requirements

1. The purchase and sale of electricity with foreign countries for each export and import electricity project must be approved before implementation.

2. The plan for purchasing and selling electricity with foreign countries of export and import electricity projects must be consistent with the Foreign Electricity Trading Strategy already approved in the Vietnam Power Industry Development Strategy, power development planning, and the implementation plan of such planning.

3. In cases where the plan for purchasing and selling electricity with foreign countries of export and import electricity projects is consistent with the Foreign Electricity Trading Strategy and power development planning but does not generate new grid connection plans within the territory of Vietnam or generates new grid connection plans within the territory of Vietnam but has not been updated in the implementation plan of such planning, the Minister of Industry and Trade shall approve the export and import electricity project and update the grid connection plan of the project into the implementation plan of such planning.

4. In cases where the plan for purchasing and selling electricity with foreign countries of export and import electricity projects is inconsistent with the Foreign Electricity Trading Strategy, power development planning, and the implementation plan of such planning, the export and import electricity project must complete supplementary and adjustment procedures for the Foreign Electricity Trading Strategy, power development planning, and the implementation plan of such planning before approval of the export and import electricity project.

5. In cases where the purchase and sale of electricity with foreign countries uses the grid of another grid management unit to implement the purchase and sale of electricity with foreign countries, organizations and individuals must agree in writing with such grid management unit.

6. Vietnam Electricity Corporation is the entity implementing the purchase and sale of electricity with foreign countries through the national power system.

7. Other organizations and individuals in Vietnam that have the need to purchase or sell electricity with foreign countries shall implement the purchase and sale of electricity with foreign countries without going through the national power system.

Chapter II

PROCEDURES AND PROCEDURAL REQUIREMENTS FOR THE PURCHASE AND SALE OF ELECTRICITY WITH FOREIGN COUNTRIES

Article 4. Documentation for Approval of the Purchase and Sale of Electricity with Foreign Countries

1. Documentation for Approval of the Purchase and Sale of Electricity with Foreign Countries through the National Power System includes:

a) A request for approval to purchase and sell electricity with foreign countries;

b) A copy of the request for electricity purchase or approval for electricity sale from the foreign side;

c) A copy of the agreement of another grid management unit in the case stipulated in Clause 5, Article 3 of this Circular;

d) A copy (with translation into English or Vietnamese) of legal documents issued by the competent authority of the host country (electricity selling country or electricity buying country) reflecting information about the investor's capacity and experience and project information;

đ) The proposed plan for purchasing and selling electricity with foreign countries including the following contents: - A brief description of the current state of the grid in the area serving the export and import of electricity; - Electricity demand: capacity, energy, annual and typical daily load curves forecasted for the export and import electricity project for each year corresponding to the phase of the power development planning and the approved implementation plan. For export and import electricity projects connected at voltage levels of 110 kV or higher, the following additional information must be provided: Preliminary analysis and selection of technology and technical solutions for the grid connection plan; land clearance, resettlement plan (if applicable), environmental impacts, fire prevention, and national defense security (if applicable); - A copy of the regional grid development plan for the connection of two countries (in the case of system-based export and import electricity) or the transmission line connecting the project (in the case of project-based export and import electricity) approved by the competent authority for voltage levels of 110 kV or higher; - Grid connection plan: Capacity, energy; time of expected electricity purchase or sale; grid and connection point; meter installation location for electricity purchase or sale; voltage level for electricity purchase or sale; geographic map and grid connection diagram of the two countries showing the electricity purchase and sale plan for the project; - Investment form, preliminary construction volume, total investment amount, project implementation time, capital mobilization plan according to the project's economic and social efficiency and phased investment if applicable by the Vietnamese side; - Implementation organization measures.

2. Documentation for Approval of the Purchase and Sale of Electricity with Foreign Countries Directly Connected Without Going Through the National Power System Includes:

a) A request for approval to purchase and sell electricity with foreign countries;

b) A copy of the request for electricity purchase or approval for electricity sale from the foreign side;

c) A copy of the agreement of another grid management unit in the case stipulated in Clause 4, Article 3 of this Circular;

d) A copy (with translation into English or Vietnamese) of legal documents issued by the competent authority of the host country (electricity selling country or electricity buying country) reflecting information about the investor's capacity and experience and project information; the proposed plan for purchasing and selling electricity with foreign countries.

Article 5. Procedure for Approval of Proposals to Purchase and Sell Electricity with Foreign Countries

1. The Vietnam Electricity Corporation and organizations and individuals in Vietnam that have a need to purchase and sell electricity with foreign countries shall be responsible for preparing the approval documents for purchasing and selling electricity with foreign countries in accordance with Article 4 of this Circular and shall bear responsibility for the accuracy and truthfulness of the documents submitted for approval.

2. The form of submission of documents is regulated as follows:

a) The Vietnam Electricity Corporation and organizations and individuals in Vietnam that have a need to purchase and sell electricity with foreign countries may choose one of the following forms to submit documents to the Ministry of Industry and Trade: directly, online, or through postal services.

b) In the case of submitting documents online: The approval documents for purchasing and selling electricity with foreign countries are submitted online on the National Public Service Portal. In cases where electronic documents have large file sizes or materials that cannot be sent via electronic information networks according to the law, they can be submitted directly or through postal services.

c) The number of documents in cases of direct submission or submission through postal services: five sets.

3. The procedure for approving proposals to purchase and sell electricity with foreign countries shall be carried out as follows:

a) Within five working days from the date of receipt of the documents, the Ministry of Industry and Trade shall be responsible for providing a written response indicating the completeness and validity of the documents in accordance with Article 4 of this Circular.

b) Within ten working days from the date of receiving valid documents in accordance with Article 4 of this Circular, the Ministry of Industry and Trade shall be responsible for organizing the review and obtaining written opinions on the plan for purchasing and selling electricity with foreign countries from the following agencies and units: - Ministries, sectors, and localities related to projects of importing and exporting electricity connected at voltage levels of 220 kV or higher; - Localities and relevant power units related to projects of importing and exporting electricity connected at voltage levels below 220 kV.

c) Request the Vietnam Electricity Corporation and other organizations and individuals in Vietnam that have a need to purchase and sell electricity with foreign countries to explain the review opinions or organize the Review Agency to examine and evaluate the import and export electricity project on-site if necessary.

d) Within fifteen working days from the date of completing the collection of written opinions from ministries, sectors, localities, and relevant power units regarding the plan for purchasing and selling electricity with foreign countries, the Minister of Industry and Trade shall consider and approve the proposal for import and export electricity projects.

Article 6. Documents and Procedures for Purchasing and Selling Electricity with Foreign Countries

1. After the proposal to purchase and sell electricity with foreign countries has been approved, the Vietnam Electricity Corporation and organizations and individuals that have a need to purchase and sell electricity with foreign countries shall be responsible for negotiating and signing electricity purchase and sale contracts with foreign counterparties in accordance with the law and submitting the documents for purchasing and selling electricity to the Ministry of Industry and Trade seven days before implementing the purchase and sale of electricity with foreign countries.

2. The documents for selling electricity to foreign countries include:

a) The signed electricity purchase and sale contract between the parties;

b) The interconnection agreement for each project of purchasing and selling electricity with foreign countries.

Chapter III

IMPLEMENTATION

Article 7. Implementation Organization

1. The Ministry of Industry and Trade shall be responsible for disseminating, guiding, and supervising the implementation of this Circular.

2. The Vietnam Electricity Corporation shall be responsible for directing subordinate units to implement this Circular.

Article 8. Effective Date

1. This Circular takes effect from February 1, 2025. Circular No. 09/2015/TT-BCT dated May 29, 2015, issued by the Minister of Industry and Trade, guiding the procedures and formalities for purchasing and selling electricity with foreign countries, shall cease to be effective from the date this Circular takes effect.

2. For documents of organizations and individuals that have already submitted to the Ministry of Industry and Trade for review of the proposal to purchase and sell electricity before the date this Circular takes effect, the Ministry of Industry and Trade shall continue to review based on the submitted documents.

3. During the implementation of this Circular, if there are difficulties or new issues arising, relevant units shall be responsible for reporting to the Ministry of Industry and Trade to amend and supplement this Circular appropriately./.