Circular No. 06/2013/TT-BCT stipulates the contents, procedures, and formalities for drafting, reviewing, and approving wind power development plans.

CIRCULAR

Regulations on the content, procedures, and processes for drafting, reviewing, and approving wind power development plans

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Pursuant to the Electricity Law dated December 3, 2004;

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Based on Decision No. 37/2011/QĐ-TTg dated June 29, 2011, of the Prime Minister regarding support mechanisms for wind power projects in Vietnam;

Pursuant to the proposal of the Director General of the Energy General Department, the Minister of Industry and Trade promulgates this Circular stipulating the content, procedures, and processes for drafting, reviewing, and approving wind power development plans:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the content, procedures, and processes for drafting, reviewing, and approving national wind power development plans and provincial wind power development plans.

Article 2. This Circular applies to organizations and individuals involved in the drafting, reviewing, and approval of wind power development plans in Vietnam.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. Theoretical wind power potential is the wind power potential determined with wind speeds of 6.0 m/s or higher at a height of 80 meters.

2. Technical wind power potential is the wind power potential that can be developed and operated under current technical and technological conditions.

3. Financial wind power potential is the wind power potential that can be exploited effectively to generate profitable wind power projects for investors.

Chapter II

CONTENTS, PROCEDURES, AND PROCESSES FOR DRAFTING, REVIEWING, AND APPROVING NATIONAL WIND POWER DEVELOPMENT PLANS

Article 3. National Wind Power Development Plan

The national wind power development plan is a planning proposal aimed at determining the total theoretical and technical wind power potential across the country, distributing wind potential among regions or provinces during each investment construction phase up to 2020, considering up to 2030.

Article 4. Contents of the National Wind Power Development Plan

Clause 1. The national wind power development plan (hereinafter referred to as the planning proposal) includes the following main contents:

a) An overview of global and Vietnamese wind power development: Current exploitation, supply, and utilization; Development trends; Measures and supportive policies for development; The current status of wind power development in Vietnam and existing studies on wind power potential in Vietnam.

b) Natural characteristics and socio-economic conditions of Vietnam: Current status and development orientation up to 2020, considering up to 2030.

c) Current status and planning for the development of the electricity grid in Vietnam up to 2020, considering up to 2030.

d) Determination of theoretical and technical wind power potential and the capability to exploit wind energy in Vietnam.

đ) List of areas with theoretical and technical wind power potential.

e) Technical, economic, and financial criteria for wind power development.

g) Environmental impact assessment in wind power activities.

h) Solutions and policy mechanisms.

i) Conclusions and recommendations.

Clause 2. Detailed contents of the national wind power development plan are specified in Appendix 1 attached hereto.

Article 5. Procedures and processes for drafting and submitting for review the national wind power development plan

1. Preparing detailed outlines and selecting consultants

a) On the basis of the state budget capital plan for drafting the national wind power development plan, the Energy General Department drafts a detailed outline, budget estimate, plan for building the planning proposal, and submits it to the Minister of Industry and Trade for approval;

b) The Energy General Department selects consulting organizations with sufficient capacity according to current regulations to draft the planning proposal based on the approved outline and budget estimate and submit it to the Minister of Industry and Trade for approval.

Clause 2. Drafting and submitting for review the national wind power development plan

a) The selected consulting organization conducts the drafting of the national wind power development plan strictly in accordance with the approved outline and the assigned timeframe;

b) During the preparation of the planning proposal, the consultant must conduct intermediate reports to seek opinions from relevant agencies and complete the planning proposal;

c) After completing the planning proposal, the consulting organization submits the review dossier to the Energy General Department.

d) The dossier for reviewing the national wind power development plan includes:

- Fifteen (15) copies of the planning proposal and one (01) CD/DVD/USB containing the report on the planning proposal and accompanying documents (comprehensive wind measurement data used to develop the planning proposal, other related documents).

- Fifteen (15) copies of the summary report on the planning proposal.

Article 6. Reviewing, Approving, and Announcing the National Wind Power Development Plan

1. Reviewing and Submitting for Approval the National Wind Power Development Plan

a) The Energy General Department shall be responsible for reviewing the planning proposal within thirty (30) working days from the date of receiving all valid documents. If necessary, the Energy General Department may hire consultants to assist with the review and provide counterarguments.

b) Within five (05) working days from the date of receiving all valid documents, the Energy General Department must send a document requesting opinions on the content of the planning proposal to relevant agencies and localities.

c) Agencies and localities requested for opinions shall be responsible for studying and providing written responses to the Energy General Department within fifteen (15) working days from the date of receipt of the request for opinions on the planning proposal.

d) Within ten (10) working days from the date of receiving opinions from relevant agencies and localities, the Energy General Department shall complete the review report on the planning proposal and submit it to the Minister of Industry and Trade.

đ) In cases where the planning proposal requires supplementation or modification, the Energy General Department shall issue detailed documents requesting consulting organizations to supplement or modify the planning proposal. Within fifteen (15) working days from the date of receipt of the supplementation or modification request, the consulting organization must complete the planning proposal according to the requirements and submit it to the Energy General Department.

e) Within fifteen (15) working days from the date of receiving the completed planning proposal, the Energy General Department shall report to the Minister of Industry and Trade for consideration and submission to the Prime Minister for approval.

g) Documents submitted for the Prime Minister's approval include:

- A document requesting approval of the plan.

- Draft Decision on Approval of the Plan.

- Completed Planning Proposal.

- Summary Report of the Planning Proposal.

- Comments from relevant agencies and localities.

- Explanations and adoption of comments from relevant agencies and localities.

2. The Energy General Department shall be responsible for announcing the national wind power development plan in the Official Gazette and on its website.

3. Costs for reviewing and announcing the national wind power development plan shall be implemented in accordance with current laws.

4. Based on economic and social conditions at each period, the Minister of Industry and Trade shall propose to the Prime Minister to decide on amending and supplementing the national wind power development plan.

Chapter III

CONTENTS, PROCEDURES, AND PROCEDURAL REQUIREMENTS FOR ESTABLISHING, REVIEWING, AND APPROVING THE PROVINCE LEVEL WIND POWER DEVELOPMENT PLAN

Article 7. Provincial Wind Power Development Plan

The provincial wind power development plan (hereinafter referred to as the provincial wind power development plan) is a planning proposal aimed at determining the total technical and financial wind power potential and the distribution of wind potential in various areas throughout the province.

Article 8. Contents of the Provincial Wind Power Development Plan

1. The provincial wind power development plan (hereinafter referred to as the planning proposal) includes the following main contents:

a) An overview of the situation of wind power development in Vietnam and in the province.

b) Natural characteristics and socio-economic conditions of the province.

c) Current status and direction of development of power sources and power grids in the province.

d) Determination of technical and financial wind power potential and the ability to exploit wind energy resources in the province.

đ) Zoning for wind power development and list of wind power projects: Area and boundaries of zones for wind power development; capacity scale of wind power projects.

e) Interconnection plan with the national power grid.

g) Capital investment needs and financial effectiveness of the project.

h) Environmental impact assessment in wind power activities.

i) Solutions and policy mechanisms.

k) Conclusions and recommendations.

2. Detailed contents of the provincial wind power development plan are stipulated in Appendix 2 issued together with this Circular.

Article 9. Procedures and formalities for establishing and submitting provincial wind power development plans

1. Preparing detailed outlines and selecting consultants

a) Based on the budget plan allocated for planning work, the Department of Industry and Trade shall be responsible for preparing detailed outlines and budget estimates to submit to the Provincial People's Committee (hereinafter referred to as the Provincial People's Committee) for approval;

b) The Department of Industry and Trade selects a consultant with sufficient capacity to prepare the planning based on the approved outline and budget estimate and submits it to the provincial People's Committee for approval.

2. Establishing and submitting provincial wind power development plans

a) The selected consulting organization shall carry out the preparation of the planning project proposal according to the approved outline and within the assigned timeframe;

b) During the preparation of the planning proposal, the consultant must conduct intermediate reports to seek opinions from relevant agencies and complete the planning proposal;

c) The Department of Industry and Trade shall be responsible for soliciting opinions from relevant agencies, provincial electricity companies, and regional electricity corporations related to the planning project proposal. Within fifteen (15) working days from receiving the request for comments, the relevant agencies and units must study and provide written feedback to the Department of Industry and Trade and the consulting organization preparing the planning project proposal;

d) The dossier submitted to the Ministry of Industry and Trade for approval of the provincial wind power development plan includes:

- The provincial People's Committee's submission for approval of the plan.

- Ten (10) complete planning project proposals and one (01) CD/USB containing the report on the planning project proposal and accompanying documents (explanatory notes, appendices, data, figures, comments from relevant agencies, and other reference materials).

- Ten (10) summary reports of the planning project proposal.

- Written comments and recommendations from relevant agencies.

- Responses and incorporation of opinions from relevant agencies.

Article 10. Reviewing, approving, and announcing provincial wind power development plans

1. Reviewing and approving provincial wind power development plans

a) The Energy General Department shall be responsible for reviewing the planning proposal within thirty (30) working days from the date of receiving all valid documents. If necessary, the Energy General Department may hire consultants to assist with the review and provide counterarguments.

b) Within five (05) working days from the date of receiving all valid documents, the Energy General Department must send a document requesting opinions on the content of the planning proposal to relevant agencies and localities.

c) Agencies and localities requested for opinions shall be responsible for studying and providing written responses to the Energy General Department within fifteen (15) working days from the date of receipt of the request for opinions on the planning proposal.

d) After receiving official written comments from relevant agencies and units, the Energy General Department shall complete the review report and submit it to the Minister of Industry and Trade for consideration and approval;

đ) In cases where the planning project proposal requires supplementation or modification, within five (05) working days from the date of receipt of all valid documents, the Energy General Department shall issue a directive to the provincial People's Committee to instruct the consulting organization to revise and supplement the planning project proposal;

e) Within fifteen (15) days from receiving the completed planning project proposal, the Energy General Department shall complete the review report and submit it to the Minister of Industry and Trade for approval of the planning project proposal.

2. The provincial People's Committee shall be responsible for announcing the provincial wind power development plan on the provincial website.

3. The costs for reviewing and announcing provincial wind power development plans shall be implemented in accordance with current laws.

4. Based on the economic and social conditions at each period, the Chairman of the provincial People's Committee may propose the Minister of Industry and Trade to decide on amending and supplementing the provincial wind power development plan.

Chapter IV

IMPLEMENTATION

Article 11. Implementation Organization

1. The Energy General Department shall be responsible for disseminating, guiding, and supervising the implementation of this Circular. During the implementation process, if there are any difficulties, the Energy General Department shall coordinate with relevant units and localities to consider and propose amendments and supplements to the Minister of Industry and Trade.

2. The People's Committees of provinces and centrally-administered cities shall monitor, supervise, and inspect the operation of wind power projects in their locality according to the approved provincial wind power development plan.

Article 12. Transitional Provisions

1. For planning projects that have been approved by competent authorities for outlines, tasks, and budget estimates before the Circular takes effect and have signed contracts for consultancy services, the planning project shall be carried out according to the approved decision.

2. In cases where the planning outline has been approved by competent authorities before the effective date of this Circular but no contract for consultancy service has been signed, the provisions of this Circular shall apply.

Article 13. Effective Date

This Circular shall take effect from May 1, 2013./.