Resolution No. 253/2025/QH15 on mechanisms and policies for national energy development during the period 2026-2030

RESOLUTION

Von mechanisms,policiesfordevelopmentofnationalenergy

duringNo.theperiod2026-2030

                          

QUOC HỘI

Pursuant to the Constitution of the Socialist Republic of Vietnam amended and supplemented by Resolution No. 203/2025/QH15;

Pursuant to the Law on Legislative Regulatory Documents No. 64/2025/QH15 amended and supplemented by Law No. 87/2025/QH15.

RESOLUTION:

Article 1. Scope of Regulation

1. This Resolution stipulates mechanisms and policies for developing national energy during the period 2026-2030, including: adjusting and updating power development planning, grid development plans in provincial planning; investment in power projects; offshore wind power development; direct electricity trading; investment in oil and gas projects, coal projects.

2. This Resolution does not apply to projects under the functions and tasks of the Steering Committee established by Decision No. 751/QĐ-TTg dated April 11, 2025 of the Prime Minister.

Article 2. Applicability

1. Organizations, individuals conducting power activities, using electricity or engaging in other activities related to power in Vietnam.

2. Organizations, individuals conducting activities in the oil and gas sector, coal sector or engaging in other activities related to oil and gas, coal in Vietnam.

Article 3. Explanation of Terms

In this Resolution, the following terms shall be understood as follows:

1. Important and urgent oil and gas, coal projects of the country are projects and works belonging to the list of important national projects, key energy industry projects according to the decision of the Prime Minister (excluding exploration and exploitation oil and gas projects).

2. Offshore wind power project capacity collection point is the location planned to install the substation near the coast or on land according to the power development plan to connect and transmit power from offshore wind power projects to the national power system.

Article 4. Adjustment and update of planning

1. Adjustment and update of planning is a form of planning adjustment that does not fall within the cases of planning adjustment as prescribed by laws on planning, aiming to update and perfect certain contents of the power development plan, grid development plans in provincial planning based on practical requirements without changing the main viewpoints, goals, and directions, and without increasing total installed capacity according to the structure of each type of power source in the approved power development plan.

2. Principles for implementing the adjustment and update of planning for the national power development plan and grid development plans in provincial planning:

a) Compliance with the Constitution and laws on power; consistent with the Party's guidelines and direction for national power development;

b) Ensuring energy security, safety of the power system, and requirements for energy transition;

c) Ensuring transparency and strict control of power; preventing corruption, waste, and negative practices during the approval process of adjustment and update of planning.

3. Cases eligible for adjustment and update of the National Power Development Plan for the period 2021-2030, vision to 2050 and grid development plans in provincial planning for the period 2021-2030, vision to 2050:

a) Implementation of agreements between the Government of the Socialist Republic of Vietnam and foreign signatories;

b) Adjusting power generation projects, battery energy storage (BESS) projects including: name, capacity, schedule, administrative location (if any); supplementing power generation projects to compensate for or replace delayed projects or non-implemented projects; supplementing BESS projects to enhance the operation capability of the power system;

c) Adjusting the number of projects in the power development planning list and grid development plans in provincial planning;

d) Adjusting grid projects including: name, number, capacity, voltage level, connection points, schedule; supplementing grid projects to synchronize with power sources, release power source capacity, meet load demand, ensure safe and stable operation of the national power system.

4. Approval authority for adjustment and update of planning is defined as follows:

a) The Minister of Industry and Trade approves the adjustment and update of planning for the power development plan and reports the implementation results to the Prime Minister;

b) The Chairman of the People's Committee of the province approves the adjustment and update of planning for the grid development plans in provincial planning and reports the implementation results to the Prime Minister, while sending the Ministry of Industry and Trade for monitoring.

5. Adjustment and update of planning does not require the preparation of an environmental impact assessment report as prescribed by laws on environmental protection.

6. Costs for preparing the adjustment and update planning dossier are funded from regular expenditure or investment expenditure as prescribed by laws on state budget or other lawful sources.

7. The Government shall provide detailed regulations on this matter.

Article 5. Investment in power grid projects

1. Power grid business investment projects within the power development plan, distribution network development schemes in provincial plans shall not be required to go through the approval procedure for investment orientation.

2. For power grid business investment projects that do not fall under the cases of land use rights auction, investor selection through bidding, approval decisions on power development plans, provincial plans, or project investment approval decisions, such decisions serve as the basis for implementing: land planning registration, land use plans; land allocation, land lease, water surface land; marine area allocation; land use purpose change, water surface land use purpose change; forest use purpose change proposal, forest use purpose change, impact on forests, and related legal procedures.

3. For power grid business investment projects that fall under the case of investor selection through bidding, the approval document of the bidding results serves as the basis for implementing: land planning registration, land use plans; land allocation, land lease, water surface land; marine area allocation; land use purpose change, water surface land use purpose change; forest use purpose change proposal, forest use purpose change, impact on forests, and related legal procedures.

Article 6. Selection of investors for power business investment projects

1. In addition to the cases stipulated by laws on electricity, laws on investment, and laws on land, cases where investors are approved without going through land use rights auctions or investor selection through bidding include:

a) Projects for constructing, upgrading, and renovating national and regional power system control centers under national power system dispatching units;

b) Offshore wind power projects as prescribed in Article 11 of this Resolution;

c) Cases where investors are approved to agree on land use rights for implementing power business investment projects according to laws on land and laws on investment;

d) Cases where investors with land use rights, which have been granted land, leased land, or recognized land use rights by the State, propose to implement power business investment projects according to laws on land;

e) Urgent power projects that must be implemented immediately to ensure completion schedules and energy security, falling under special circumstances for investor selection as prescribed by laws on bidding;

2. Based on the proposal of state-owned enterprises holding 100% of the charter capital or enterprises held 100% of the charter capital by such enterprises, within thirty days from the date of receiving the proposal dossier, the Chairman of the Provincial People's Committee shall examine and decide on approving investors for power grid projects within the power development plan or provincial plan.

3. For power grid projects crossing administrative boundaries of two or more provincial-level administrative units, within thirty days from the date of receiving the proposal dossier, the Chairman of the People's Committee of the province where the starting point of the transmission line is located, as specified in the power development plan or provincial plan, shall examine and decide on approving investors for power grid projects within the power development plan or provincial plan proposed by the enterprise as stipulated in Clause 2 of this Article.

Article 7. Investment in infrastructure construction to serve the operation of the power system and electricity market

The State-owned Joint Stock Company for Operating the National Power System and Electricity Market shall be exempted from three consecutive years of operation time when considering the conditions for refinancing and obtaining government guarantees.

Article 8. Provisions on the winning bid price of electricity in tendering to select investors for electricity business projects

1. Except for thermal power projects, small modular nuclear power projects, and offshore wind power projects, for electricity business projects with a bidding price range, the winning bid price of electricity is the electricity purchase and sale contract price and shall not exceed the bidding price range at the year of tendering. The electricity buyer is responsible for negotiating and concluding the electricity purchase and sale contract with the winning bidder in accordance with current laws.

2. The negotiation and conclusion period for the electricity purchase and sale contract for the project specified in Clause 1 of this Article is thirty days from the date the winning bidder submits a valid negotiation application for the electricity purchase and sale contract.

3. Clause 1 of this Article applies to electricity business projects with an operational schedule from 2026 to 2030 as stated in the tender invitation documents and having an operational phase within the 2025-2030 period according to the power development plan or the distribution network development scheme in the provincial planning.

Article 9. Development of Small Modular Nuclear Power

1. Small modular nuclear power refers to nuclear power plants using small modular reactors (Small Module Reactors) as defined and classified by the International Atomic Energy Agency (IAEA).

2. Encouragement is given to state-owned and private enterprises to participate in research and investment in the development of small modular nuclear power.

3. The development of small modular nuclear power must ensure nuclear security and safety, comply with atomic energy laws, and other relevant laws.

4. In each period, based on development needs and technology commercialization conditions, the Government will issue investment mechanisms for the development of small modular nuclear power.

Article 10. Survey of Offshore Wind Power Projects

1. The costs and accounting of survey costs for offshore wind power projects as stipulated in point a, Clause 2, Article 27 of the Electricity Law No. 61/2024/QH15 and the costs for preparing the proposal to approve the investment orientation of offshore wind power projects as stipulated in point a, Clause 1, Article 28 of the Electricity Law No. 61/2024/QH15 for tendering to select investors shall be carried out as follows:

a) Using production and business expenses of the enterprise to carry out the task;

b) Being accounted for as production and business expenses of the enterprise in cases where there is no winning bidder or if it does not comply with the provisions of Clause 3, Article 27 of the Electricity Law No. 61/2024/QH15 or the project is not feasible for investment.

2. The Government shall provide detailed regulations on this matter; specify the conditions for survey units of offshore wind power projects.

Article 11. Development of Offshore Wind Power Projects Selling Electricity to the National Power Grid within the Power Development Plan and Expected Operation Period 2025-2030

1. The proposal to approve the investment orientation of offshore wind power projects includes contents as prescribed by investment laws, preliminary feasibility study reports as prescribed by construction laws, and other contents as prescribed by the Government.

2. Offshore wind power projects selling electricity to the national power grid that are approved for investment orientation without going through land auction or investor selection tendering must meet the following conditions:

a) Meeting conditions related to national defense, security, sovereignty; marine resources, environment, islands; maritime affairs; oil and gas;

b) Being included in the power development plan and expected to operate during the 2025-2030 period.

3. The Prime Minister shall approve the investment orientation and the investor without going through land auction or investor selection tendering for such projects as stipulated in Clause 2 of this Article.

4. Investors approved in accordance with Clause 3 of this Article shall negotiate and conclude electricity purchase and sale contracts with the electricity buyers. The electricity price of offshore wind power projects of these investors shall not exceed the maximum price of the offshore wind power tariff range at the time of negotiation.

5. The Government shall provide detailed regulations on this matter; specify the conditions for enterprises to prepare proposals to approve the investment orientation of offshore wind power projects to implement projects; procedures for receiving and processing proposals to approve the investment orientation of offshore wind power projects; procedures for receiving and processing proposals for offshore wind power project surveys; mechanisms for coordination between agencies receiving proposals to approve the investment orientation and agencies receiving proposals for offshore wind power project surveys.

Article 12. Development of offshore wind power projects to supply electricity to the national power grid within the power development plan and expected to be operational during the period from 2031 to 2035.

Clause 1. The application dossier for approval of the investment orientation of offshore wind power projects shall be implemented in accordance with the provisions of Clause 1, Article 11 of this Resolution.

Clause 2. The Chairman of the People's Committee of the province where the power collection point of the offshore wind power project falls within its administrative boundaries has the authority to approve the investment orientation for this offshore wind power project.

The approval of the investment orientation for offshore wind power projects must have a written consensus from the Ministry of National Defense, the Ministry of Public Security, the Ministry of Foreign Affairs, the Ministry of Industry and Trade, the Ministry of Finance, the Ministry of Construction, the Ministry of Agriculture and Rural Development, and other relevant agencies. The process of soliciting opinions is carried out by the investment registration agency under the provincial People's Committee during the submission of the application dossier for approval of the investment orientation to solicit opinions from relevant agencies.

Clause 3. The power collection point of the offshore wind power project specified in Clause 2 of this Article shall be determined as follows:

a) In accordance with the power development plan or the implementation plan of such plan approved by the competent authority;

b) In accordance with the proposal of the provincial People's Committee and agreed in writing by the Ministry of Industry and Trade in cases where the power collection point of the offshore wind power project has not been determined in accordance with point a of this clause.

The competent agency that allocates the sea area to state-owned enterprises holding 100% of the charter capital to conduct surveys for offshore wind power projects shall allocate the sea area to enterprises that have not yet had their investment orientation approved or have not submitted complete and valid survey application dossiers.

Clause 5. The Government shall provide detailed regulations on this Article; conditions for enterprises to prepare application dossiers for approval of the investment orientation of offshore wind power projects to implement projects; procedures for receiving and processing application dossiers for approval of the investment orientation; procedures for receiving and processing proposals for surveys of offshore wind power projects; mechanisms for coordination between agencies receiving application dossiers for approval of the investment orientation and agencies receiving survey application dossiers of offshore wind power projects.

Article 13. Mechanism for Direct Electricity Purchase and Sale

Clause 1. The electricity price in direct purchase and sale contracts through separate transmission networks and in long-term electricity contracts under the mechanism of direct purchase and sale through the national transmission network shall be negotiated and agreed upon by the seller and buyer of electricity.

Clause 2. Expand the scope of entities directly participating in the mechanism of direct purchase and sale of electricity to include retail electricity units in industrial zones, economic zones, export processing zones, clusters of industrial zones, high-tech zones, concentrated digital technology zones, high-tech agricultural application zones, urban areas, and free trade zones.

Clause 3. The Minister of Industry and Trade shall specify the scales of large electricity consumers participating in direct electricity purchase and sale transactions.

Clause 4. The Government shall provide detailed regulations on Clauses 1 and 2 of this Article.

Article 14. Investment in Oil and Gas Projects and Coal Projects

Clause 1. Important and urgent oil and gas and coal projects of the country do not need to go through the procedure for approval of the investment orientation.

Clause 2. For important and urgent oil and gas and coal projects of the country that do not fall under the cases of land use rights auction, investor selection tender, decision approving the list of important national projects, key energy sector projects, or project investment approval decisions serving as the basis for: registering planning and land use plans; allocating land, leasing land, water surface land; allocating sea areas; changing land use purposes, water surface land use purposes; changing forest use purposes, affecting forests, and implementing related legal procedures.

Clause 3. For important and urgent oil and gas and coal projects of the country that fall under the case of investor selection tender, the tender approval document serves as the basis for: registering planning and land use plans; allocating land, leasing land, water surface land; allocating sea areas; changing land use purposes, water surface land use purposes; changing forest use purposes, affecting forests, and implementing related legal procedures.

Clause 4. For important and urgent oil and gas and coal projects of the country currently implementing compensation and land clearance work, such activities may continue concurrently in cases of adjustments to relevant planning and plans.

Clause 5. Based on the proposal of state-owned enterprises holding 100% of the charter capital or enterprises held 100% by such enterprises, within thirty days from the date of receipt of the proposal dossier, the Chairman of the People's Committee of the province shall examine and decide on granting approval for such enterprises to become investors in important and urgent oil and gas and coal projects of the country or projects located in sensitive areas concerning national defense and security.

Article 15. Implementation Organization

1. The Government shall have the following responsibilities:

a) To uniformly manage the implementation of this Resolution;

b) To issue detailed regulations and guidance for implementing this Resolution according to simplified procedures;

c) Within its assigned tasks and powers, to implement this Resolution; to conduct a mid-term review after three years of implementation and report to the National Assembly at its final session in 2028; to conduct a final assessment after five years of implementation and report to the National Assembly at its final session in 2030;

d) To direct relevant ministries, agencies, and People's Committees at all levels to implement this Resolution; to organize inspections and supervision to ensure transparency, integrity, and effectiveness; to prevent policy exploitation, corruption, waste, negativity, loss, and new barriers to investment, production, and energy business activities as prescribed by law;

2. The National Assembly, the Standing Committee of the National Assembly, the Vietnam Fatherland Front, the Ethnic Council, the National Assembly's Committees, Delegations of National Assembly Members, National Assembly Members, and People's Councils at all levels, within their assigned tasks and powers, shall supervise the implementation of this Resolution.

Article 16. Implementation Provisions

1. This Resolution shall take effect from March 1, 2026.

2. This Resolution shall be implemented until December 31, 2030, except as provided in Clause 3 and Clause 4 of this Article.

3. For bidding projects to select investors as stipulated in Article 8 of this Resolution, if the tender documents have been approved and issued by December 31, 2030, then the proposed electricity price of the winning bidder shall continue to be implemented as prescribed in Article 8 of this Resolution.

4. Mechanisms, policies, projects, and works that have been decided to be implemented according to this Resolution and have not concluded by the time this Resolution expires shall continue to be implemented according to the decisions already issued.

Projects, works, and activities that have been approved and enjoyed incentives under this Resolution during its effective period, if they have not concluded by the time this Resolution expires, shall continue to enjoy these incentives under this Resolution until the completion of the projects, works, and activities.

5. In cases where there are different provisions on the same matter between this Resolution and other laws or resolutions of the National Assembly, the provisions of this Resolution shall apply, except when other legal documents provide more favorable or advantageous mechanisms and policies, in which case the beneficiaries may choose to apply the most beneficial incentives.

6. Heads of agencies, units, officials, civil servants, and employees involved in formulating and issuing the mechanisms and policies prescribed in this Resolution and detailed regulations and guidance for implementing them shall be exempted, relieved, or reduced from responsibility according to Clause 11 of Article 68 of the Law on Legislative Documents No. 64/2025/QH15, amended and supplemented by Law No. 87/2025/QH15.

                                                                                                                                     

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the tenth session of the fifteenth term, on December 11, 2025./.