Decree No. 135/2026/NĐ-CP Regulating Mechanisms and Preferential Policies for National Power System Dispatching Units and Electricity Market Trading Entities

DECREE

Regulating mechanisms and preferential policies for grid operators of the national power system and market trading entities

BASED ON Decree No. 63/2025/QH15 on Organization of the Government;

BASED ON Decree No. 61/2024/QH15 on Electricity, as amended by Decrees Nos. 94/2025/QH15, 116/2025/QH15, and 135/2025/QH15;

IN ACCORDANCE WITH the proposal of the Minister of Industry and Trade;

THE GOVERNMENT ISSUES THIS DECREE to regulate mechanisms and preferential policies for grid operators of the national power system and market trading entities.

CHAPTER I

GENERAL PROVISIONS
Article 1. Scope of Application

This Decree regulates mechanisms and policies as provided in points g and h, paragraph 1, Article 64, and points e and g, paragraph 1, Article 65 of the Electricity Decree No. 61/2024/QH15, including:

1. Mechanisms and policies for preferential treatment to ensure infrastructure and other essential systems serving the operation of the national power system grid dispatching and market trading operations.

2. Mechanisms and policies for priority to attract high-quality human resources for the operation of the national power system grid dispatching and market trading operations.

Article 2. Scope of Application

1. National power system grid dispatching entity.

2. Market trading entity management.

3. Relevant organizations and individuals.

Article 3. Interpretation of Terms

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

1. Power system operation and market operation entities refer to independent enterprises playing a particularly important role in key sectors essential for the national economy, performing rights and obligations of the National Power System Grid Dispatching Entity and Market Trading Operation Management Entity according to Article 61/2024/QH15 on Electricity (currently the State-owned Enterprise - National Power System Operation and Market Operation Corporation - NSMO).

2. Personnel directly engaged in grid dispatching operations of the national power system and market trading operation management include the following positions:

a) National Grid Dispatcher;

b) Regional Grid Dispatcher;

c) National Power System Scheduling Engineer;

d) Regional Power System Scheduling Engineer;

e) National SCADA/EMS System Engineer;

f) Regional SCADA/EMS System Engineer;

g) Renewable Energy Shift Engineer;

h) Market Trading Operation Manager.

Article 4. Principles for Implementing Mechanisms and Preferential Policies

1. Prioritize coordinated investment, modernization of technical infrastructure; actively promote the application of digital technology and automation in grid dispatching operations and market trading operation management, consistent with the scale and development direction of national electricity power at different periods and levels of competitive electricity markets.

2. Power system operation and market operation entities are entitled to preferential mechanisms and policies regarding human resources as stipulated in Article 8 of this Decree and other relevant legal provisions, receiving additional income, benefits, and supplementary pension for personnel directly engaged in grid dispatching operations of the national power system and market trading operation management.

3. Power system operation and market operation entities are responsible for ensuring the lawful rights and interests, safe working conditions, and information security for personnel directly engaged in grid dispatching operations of the national power system and market trading operation management according to the mechanisms and policies stipulated in paragraph 4 of Article 8 of this Decree and other relevant legal provisions.

4. Costs related to consulting fees, additional income for personnel directly engaged in grid dispatching operations of the national power system and market trading operation management, and supplementary pension as provided in Article 8 of this Decree are accounted for as operating expenses and costs, included in the service pricing of grid dispatching and market trading services on an annual basis.

4. The provisions for consulting fees, additional income for employees directly performing national power system dispatch work and market trading dispatch work, as well as supplementary pension insurance stipulated in Article 8 of this Decree shall be accounted for as operating expenses and cost of sales of the Power System Operation Unit and Market Trading Service Unit and shall be taken into consideration for recovery through annual service fees for power system operation dispatch services and market trading dispatch services.

Chapter II
MECHANISMS, POLICIES OF FAVORABLE AND PRIORITY SUPPORT FOR INFRASTRUCTURE, OTHER CRITICAL SYSTEMS, AND ATTRACTION OF HIGH QUALITY HUMAN RESOURCES Article 5. List of Infrastructure and Other Critical Systems for the System Operation Unit and Electricity Market Serving Grid Dispatching, System Operation, and Electricity Market Trading Management Work

1. The headquarters of the System Operation Unit and Electricity Market (including the main control center and an independent backup control center at both national and regional levels).

2. Infrastructure for grid dispatching.

3. Infrastructure for electricity market trading management.

4. Information technology infrastructure, critical network security systems.

5. Infrastructure for training, human resource development, and internal governance.

6. Infrastructure for research, development, and application of new technologies.

Article 6. Mechanisms and Policies for Favored Investment in Infrastructure and Other Critical Systems for the System Operation Unit and Electricity Market Serving Grid Dispatching, System Operation, and Electricity Market Trading Management Work

1. The System Operation Unit and Electricity Market are prioritized to propose, participate, and implement investment projects using official development assistance (ODA) funds, non-refundable ODA funds, foreign concessional loans, domestic or international commercial loans according to the law.

2. The System Operation Unit and Electricity Market may be granted land use rights without bidding by competent authorities to ensure stable, safe, long-term, and security for grid dispatching work and electricity market trading management activities as per the land laws.

Article 7. Investment Capital Sources and Mechanisms and Policies for Attracting Capital

1. The sources of investment capital for infrastructure projects and other critical systems include:

a) Own capital;

b) Public sector investment;

c) Commercial loans from domestic and foreign sources;

d) ODA funds, foreign concessional loans obtained or re-financed from the state budget, government-guaranteed loans.

e) Other legal means of capital mobilization.

2. The System Operation Unit and Electricity Market are prioritized to receive and utilize non-refundable aid not falling under official development assistance sources from foreign agencies, organizations, or individuals in the form of training programs for technology transfer, technical consultations, specialized seminars, projects, equipment, and other technical items suitable for infrastructure as per government regulations on managing and utilizing non-official development assistance. These aids are used to support research, testing of grid dispatching solutions, electricity market trading management operations, and human resource development.

3. The System Operation Unit and Electricity Market are prioritized in accessing and using ODA funds and foreign concessional loans from the government for projects approved by competent state authorities according to laws on public investment and public debt with financial mechanisms as per current regulations.

4. For infrastructure and other critical systems serving grid dispatching, system operation, and electricity market trading management work, in cases of commercial domestic or foreign borrowing, the System Operation Unit and Electricity Market are prioritized for government guarantee consideration according to laws on public debt management and related regulations.

5. Within three years from the effective date of this Decree, the System Operation Unit and Electricity Market may supplement and maintain a minimum registered capital of 3 trillion Vietnamese dong to ensure financial capacity in arranging and mobilizing funds for infrastructure projects and critical systems. Capital increase is implemented through forms such as retained earnings after tax deductions and use of specified funds; public sector investment or ODA funding, provided in the form of project grants. If the progress of increasing registered capital does not meet the above requirements, the System Operation Unit and Electricity Market may supplement registered capital from state budget and other legal sources to ensure minimum registered capital.

6. In cases where a company mobilizes funds for a project resulting in total debt exceeding three times the owner's equity as reported on the most recent financial quarter or annual report at the time of fund mobilization, the System Operation Unit and Electricity Market may continue with the project after evaluating the financial situation of the project, developing feasible borrowing and repayment plans, and reporting to the state asset representative for monitoring capital use and tracking debt obligations until completion or when the debt-to-equity ratio falls below three times.

7. After fulfilling financial obligations and fully establishing funds as per legal regulations, the System Operation Unit and Electricity Market may use remaining after-tax profits to supplement registered capital, invest in, and implement projects serving grid dispatching operations and electricity market trading management according to the list specified in Article 5 of this Decree. Any after-tax profit not used for the above purposes must be remitted to the state budget as per regulations.

8. The System Operation Unit and Electricity Market may receive preferential capital allocation from the State through land transfer and other assets attached to land directly serving grid dispatching operations and electricity market trading management activities.

8. The Power System Operation Unit and Market Trading Service Unit may be given priority by the State in terms of capital allocation to supplement its registered capital through land grants and other assets attached to land directly serving power system dispatch operations and market trading dispatch activities.

Article 8. Mechanisms and Preferential Policies to Attract High-Quality Human Resources

1. The entity operating the power system and electricity market may engage domestic consultants under an agreement; however, such remuneration shall not exceed 1.5 times the state-prescribed consultant salary level. In cases where it is necessary to hire foreign consultants, the entity operating the power system and electricity market may negotiate and apply the remuneration mechanism based on the foreign financial institutions' fee scales that have representative offices in Vietnam.

2. The entity operating the power system and electricity market may allocate additional income (at a rate of 30% of the current salary coefficient) to directly employed personnel for performing national grid dispatching work and managing electricity market transactions, excluding allowances, which shall be paid together with the monthly salary.

3. The entity operating the power system and electricity market may provide supplementary pension benefits to directly employed personnel who perform national grid dispatching work and manage electricity market transactions throughout their tenure at the entity. The entity may determine the form, scope, and contribution level of supplementary pension based on financial conditions.

4. The entity operating the power system and electricity market may consider waiving or mitigating responsibility in cases where direct personnel performing national grid dispatching work and managing electricity market transactions act in accordance with the following responsibilities when losses arise during mission execution:

a) Adhering to decisions of superiors as per regulations on national grid dispatching and electricity market transaction management;

b) Exercising authority, procedures, and formalities objectively, transparently, and without self-interest while performing duties;

c) Making timely decisions based on technical requirements and practical circumstances when specific legal provisions are absent to ensure the safety, continuity, and stability of the power system and electricity market;

d) Actively applying solutions and making prompt decisions in emergency situations to ensure the capability of power supply, continuous operation, and safety of the power system and electricity market;

d) Reporting and proposing to competent authorities when incidents, losses, or risks arise due to objective factors, force majeure, or errors from other units that exceed personal control capabilities;

e) Actively researching and proposing innovative solutions, breakthrough methods to resolve difficulties and bottlenecks in mechanisms and policies, especially those not yet regulated or no longer suitable, to enhance efficiency and make positive contributions to national grid dispatching operations and electricity market transactions management;

g) Promptly reporting any unlawful interference, pressure, or illegal intervention when making decisions during emergency situations.

Chapter III
ORGANIZATION AND IMPLEMENTATION

Article 9. Responsibilities of the Ministry of Industry and Trade

1. To inspect and supervise the implementation of mechanisms and policies stipulated in this Decree.

2. To approve the detailed list of infrastructure and essential systems specified in Clause 2 of Article 5 of this Decree, as submitted by the System Operation Unit for Electricity and Power Market to serve system operation, maintenance of the power system, and market trading operations.

3. To take the lead and coordinate with relevant ministries and agencies in guiding the implementation of provisions stipulated in this Decree.

Article 10. Responsibilities of the People's Committees of Hanoi, Ho Chi Minh City, and Da Nang

The People’s Committees of Hanoi, Ho Chi Minh City, and Da Nang shall examine and decide to allocate land or lease land without public auction for the construction of independent premises of the System Operation Unit for Electricity and Power Market (including the main control center and an independent backup control center in terms of location) to ensure stable, safe, long-term, and security operations for system operation coordination at the national level and market trading operations.

Article 11. Responsibilities of the System Operation Unit for Electricity and Power Market

1. To develop and submit to the Ministry of Industry and Trade for examination and decision-making on new or amended lists as stipulated in Article 5 and Clause 2 of Article 9 of this Decree.

2. To organize the development of regulations, procedures, and related processes to implement preferential treatment policies and maintain a high-quality human resource pool according to regulations.

3. To actively coordinate with relevant agencies and units to ensure the implementation of mechanisms and policies stipulated in this Decree.

4. By December 15th each year, the System Operation Unit for Electricity and Power Market shall report to the Ministry of Industry and Trade on the implementation status of preferential policies specified in this Decree.

Article 12. Transitional Provisions

1. This Decree takes effect from May 25, 2026.

2. The Ministers, Heads of Sectoral Ministries, Chairmen of the People’s Committees of Hanoi, Ho Chi Minh City, and Da Nang shall be responsible for implementing this Decree./.