Circular No. 36/2025/TT-BCT amends and supplements certain provisions of Circular No. 16/2025/TT-BCT dated February 1, 2025, issued by the Minister of Industry and Trade on the operation of the competitive wholesale electricity market.

CIRCULARAMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF CIRCULAR NO. 16/2025/TT-BCT DATED FEBRUARY 1, 2025 OF THE MINISTER OF INDUSTRY AND TRADE ON THE OPERATION OF THE COMPETITIVE WHOLESALE ELECTRICITY MARKET

Pursuant to Decree No. 100/2025/NĐ-CP dated May 8, 2025 of the Government amending and supplementing Decree No. 56/2025/NĐ-CP dated March 3, 2025 of the Government detailing certain provisions of the Electricity Law on planning for electricity development, power grid development plans, construction investment in electricity projects, and bidding to select investors for electricity business projects;

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Pursuant to the Electricity Law dated November 30, 2024;

Pursuant to Decree No. 40/2025/NĐ-CP dated February 26, 2025, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

The Minister of Industry and Trade issues this Circular amending and supplementing certain provisions of Circular No. 16/2025/TT-BCT dated February 1, 2025 of the Minister of Industry and Trade on the operation of the competitive wholesale electricity market.

At the proposal of the Director of the Electricity Administration;

Article 1. Amending and supplementing certain provisions of Circular No. 16/2025/TT-BCT dated February 1, 2025 of the Minister of Industry and Trade on the operation of the competitive wholesale electricity market

1. Amending Clause 2 of Article 3 as follows:

"2. Guaranteed electricity consumption (hereinafter referred to as guaranteed consumption) includes:

a) The minimum quantity of electricity committed to purchase under power purchase contracts within the project package of power plants invested under the public-private partnership model applying build-operate-transfer (BOT) contracts or additional agreements between the electricity purchaser and the BOT power generation unit;

b) The quantity of electricity operated and mobilized corresponding to the maximum level according to gas supply capacity, meeting fuel, capacity, and available power generation requirements of gas-fired thermal power plants that must use the maximum amount of natural gas as fuel, demand, and technical constraints of the national power system."

2. Supplementing Clause 19a of Article 3 as follows:

"19a. Gas-fired thermal power plant with mandatory maximum gas fuel usage is a gas-fired thermal power plant using domestically extracted natural gas, invested, constructed, and put into operation in accordance with the Electricity Law, Decree No. 56/2025/NĐ-CP dated March 3, 2025 of the Government detailing certain provisions of the Electricity Law on planning for electricity development, power grid development plans, construction investment in electricity projects, and bidding to select investors for electricity business projects, and Decree No. 100/2025/NĐ-CP dated May 8, 2025 of the Government amending and supplementing Decree No. 56/2025/NĐ-CP."

3. Amending Point a and Point b of Clause 1 of Article 4 as follows:

"a) Power plants with installed capacity greater than 30 MW connected to the national power grid (including BOT power plants whose contracts have expired and been transferred to Vietnam, hydropower plants operating in conjunction with strategic multi-purpose hydropower plants as stipulated in Point b Clause 4 Article 51 of the Electricity Law);

b) Power plants with installed capacity from 10 MW and above whose power purchase contracts have expired under avoided cost mechanisms, including cascaded hydropower plants and other renewable energy power plants whose contracts have expired under state incentive pricing mechanisms;"

4. Amending Point c of Clause 3 of Article 4 as follows:

"c) Gas-fired thermal power plants with mandatory maximum gas fuel usage;"

"1. For power plants that have been granted power operation licenses and must participate in the electricity market as prescribed in Article 4 of this Circular but the power generation units owning these power plants have not completed registration to participate in the electricity market (except hydropower plants operating in conjunction with strategic multi-purpose hydropower plants as stipulated in Clause 4a Article 133 of this Circular), power plants without power purchase contracts (except strategic multi-purpose hydropower plants), power plants with power purchase contracts but without official electricity prices or expired electricity prices, power plants without agreement on commercial operation date, the System Operator and Electricity Market shall not mobilize these power plants to generate electricity into the national power grid, except in the following cases:

5. Amending Clause 1 of Article 11 as follows:

a) In case of power system imbalance or to ensure power supply;

b) To ensure downstream water supply requirements as stipulated in the inter-reservoir operation procedures, single-reservoir operation procedures, or as required by competent authorities (for hydropower plants);

c) To prevent overflows (for hydropower plants)."

6. Amending Point c of Clause 1 of Article 18 as follows:

"c) Guaranteed consumption obligations of power plants;"

7. Amending Clause 3 and Clause 4 of Article 18 as follows:

"3. In case the power system operation meets the conditions set out in Clause 2 of this Article, the System Operator and Electricity Market shall be responsible for coordinating with dispatch levels to implement the shutdown or reduction of power generation capacity of power plants, generating units, and power sources in the following order:

a) Reduce the power generation capacity of thermal power units with variable costs in descending order, except for thermal power units of gas-fired thermal power plants with mandatory maximum gas fuel usage;

b) Shutdown or reduce hydropower plants that have not yet discharged according to their remaining capacity compared to useful capacity in ascending order;

c) Shutdown slow-start units in the following order: Units voluntarily shutting down; According to unit bid price (only applicable for next-day and next-cycle scheduling); In descending order of variable costs; If slow-start units have the same variable costs, shut down units in ascending order of start-up costs;

d) Reduce renewable energy power plants with storage capacity remaining;

đ) Shutdown or reduce power plants with prior shutdown/reduction clauses agreed upon in grid connection agreements or power purchase contracts;

e) Partially or fully reduce wind power plants, solar power plants connected to the grid (excluding those specified in point k of this clause); rooftop solar systems connected to medium voltage grids; hydropower plants mobilized under avoided cost mechanisms (excluding those currently discharging as specified in point i of this clause);"

e) Reducing in part or in full wind power plants, solar power plants connected to the grid (except for power plants under point k of this clause); medium-voltage rooftop solar photovoltaic systems connected to the grid; hydropower plants mobilized under the avoided cost mechanism (except for power plants currently discharging under point i of this clause);

g) Reduce the power generation capacity of thermal power units at gas-fired thermal power plants that are bound to use the maximum amount of gas fuel.

h) Stop thermal power units at gas-fired thermal power plants that are bound to use the maximum amount of gas fuel with variable costs arranged in descending order.

i) Reduce hydropower plants directly participating in the electricity market that are currently discharging at the floor price and hydropower plants indirectly participating in the electricity market that are currently discharging.

k) Reduce power plants or parts of power plants that are undergoing testing before being recognized as commercial operation days.

4. For thermal power units of power plants belonging to the same group as specified in points e, g, i, and k of Clause 3 of this Article, the reduction of power generation capacity shall be carried out according to the principle of evenly distributing the required reduction capacity based on the ratio of rated capacity, available capacity, declared capacity, or forecasted capacity (depending on the type of power source and dispatch method), without distinguishing based on price criteria.

8. Amend Clause 2 of Article 19 as follows:

“2. The system operator and electricity market operator are responsible for using the electricity market simulation model to calculate the contents prescribed in Clause 1 of this Article. Input parameters used in the electricity market simulation for thermal power units are the variable costs of the unit determined in Clause 3 of this Article, hydrological characteristics, technical characteristics of hydropower plants, constraints according to the national power system operation method regulation issued by the Ministry of Industry and Trade, consumption obligations, and other frequency control secondary service constraints.”

9. Amend point b of Clause 2 of Article 32 as follows:

“b) Input parameters serving the calculation of annual operation planning, including:

- Forecasted load for each region North, Central, South, and the entire national power system in each trading cycle;

- Hydrological data and operational constraints of hydropower reservoirs used to calculate the electricity market simulation;

- Progress in commissioning new power plants; Technical parameters and operational constraints of transmission grids;

- Scheduled import/export electricity diagrams; Annual maintenance and repair schedules for power plants, transmission grids, and large gas supply sources;

- Forecasted loads of bulk electricity buyers in each trading cycle;

- Consumption obligations;

- Power generation mobilization constraints to ensure power supply, minimum power configuration ensuring safe transmission grid operation.”

10. Amend Clause 2 of Article 47 as follows:

“2. The expected (or forecasted) mobilized capacity in each trading cycle of the following day for power plants as stipulated in Clause 3 of Article 4 of this Circular, solar rooftop power and power plants not directly bidding on the electricity market, taking into account consumption obligations.”

11. Amend Clause 14 of Article 54 as follows:

“14. Consumption obligations.”

12. Amend Clause 1 of Article 58 as follows:

“1. The system operator and electricity market operator may adjust the declared capacity of strategic multi-purpose hydropower plants according to the provisions of Clause 2 of Article 61 of this Circular and implement adjustments to mobilize thermal power plant capacities through pressure accumulation methods to prioritize the highest possible mobilization of thermal power plant capacities during peak system load times.”

13. Amend Clause 14 of Article 60 as follows:

“14. Consumption obligations.”

14. Amend point a of Clause 2 of Article 62 as follows:

“a) The system operator and electricity market operator establish mobilization schedules for units according to the following principles:

- Utilizing increased capacity bids from units;

- Adjusting thermal power plant mobilization capacities through pressure accumulation methods to prioritize the highest possible mobilization of thermal power plant capacities during peak system load times;

- Hydropower plants indirectly participating in the electricity market according to their remaining capacity ratios from highest to lowest;

- Units providing rapid start-up reserve services to ensure power supply;

- Hydropower plants indirectly participating in the electricity market according to their remaining capacity ratios from highest to lowest;

- Units providing operational services must operate to ensure power supply;

- Reducing secondary frequency control service capacity to the lowest allowable level.”

15. Amend and supplement point a of Clause 4 of Article 67 as follows:

“a) The system operator and electricity market operator are responsible for dispatching and operating the system according to the following principles:

- Ensuring the system operates safely, stably, and reliably with the lowest possible cost of purchased electricity for the entire system;

- Ensuring the implementation of power volume agreements in export and import electricity contracts and consumption obligations;

- Ensuring compliance with downstream water supply requirements for hydropower plants.”

16. Supplement Clause 4 and Clause 5 of Article 132 as follows:

“4. Vietnam Electricity Corporation or bulk electricity buyers are responsible for providing the system operator and electricity market operator with data on consumption obligations as specified in point a of Clause 2 of this Circular.

5. Power generators and fuel suppliers are responsible for providing the system operator and electricity market operator with data on gas supply capabilities and fuel constraints of gas-fired power plants bound to use the maximum amount of gas fuel to serve the calculation of consumption obligation electricity volumes as specified in point b of Clause 2 of this Circular based on the fuel consumption rate stipulated in the power purchase and sale contract.”

17. Supplement Clause 4a of Article 133 as follows:

"4a. Before June 1, 2026, the power generation unit that owns and manages the operation of the hydropower plant shall cooperate with the multi-purpose strategic hydropower plant in operation according to Clause b, Article 4, Article 51 of the Electricity Law, Clause b, Article 2 of Circular No. 08/2025/TT-BCT dated February 1, 2025, issued by the Minister of Industry and Trade on the method for determining power generation costs of power plants during the period before participating in competitive electricity markets for certain types of power plants, and according to Appendix VII attached to this Circular, shall be responsible for:

a) Signing power purchase contracts and completing all procedures and conditions to directly participate in the electricity market in accordance with regulations;

b) During the period before directly participating in the electricity market, these hydropower plants shall be mobilized as indirect participants in the electricity market."

18. Amend Clause 8, Article 13 of Appendix II promulgated together with Circular No. 16/2025/TT-BCT as follows:

"8. Binding commitments on guaranteed purchases; including simulating binding commitments ensuring that the mobilization volume from day D to the end of the current week is greater than or equal to the approved generation volume according to the system operation plan and the competitive electricity market for the upcoming week minus the actual mobilization volume from the beginning of the week up to day D-1."

19. Amend Point i, Clause 2, Article 2 of Appendix V promulgated together with Circular No. 16/2025/TT-BCT as follows:

"i) The information management system for market intervention and temporary suspension of the spot electricity market: To serve the management of operational information of the electricity market and the power system in cases of market intervention and temporary suspension of the spot electricity market."

20. Amend Point đ, Clause 2, Article 9 of Appendix V promulgated together with Circular No. 16/2025/TT-BCT as follows:

"đ) Operational constraints, including: guaranteed purchases, inter-regional transmission capacity limits, minimum source configuration, fuel supply system technology, hydrology, and other constraints (if any);"

21. Amend Point g, Clause 1, Article 20 of Appendix V promulgated together with Circular No. 16/2025/TT-BCT as follows:

"g) Annual maintenance and repair schedules for power plants, transmission grids, and large gas sources; operational constraints on power sources and grids leading to the need to mobilize one or several power plants in the system; guaranteed purchase constraints;"

22. Supplement Appendix VII to Circular No. 16/2025/TT-BCT at the Appendix promulgated together with this Circular.

Article 2. Repeal points, clauses, articles, and appendices of Circular No. 16/2025/TT-BCT

1. Repeal Point c, Clause 1, Article 17.

2. Repeal Clause 15, Article 54.

3. Repeal Clause 15, Article 60.

4. Repeal Clause 9, Article 13 of Appendix II promulgated together with Circular No. 16/2025/TT-BCT.

Article 3. Implementation Provisions

1. This Circular takes effect from June 3, 2025.

2. In the course of implementation, if any difficulties arise, organizations and individuals shall have the responsibility to report to the Ministry of Industry and Trade for guidance on implementation within their authority or for consideration of amendments and supplements as appropriate./.

ANNEX

SUPPLEMENT APPENDIX VI TO CIRCULAR NO. 16/2025/TT-BCT DATED FEBRUARY 1, 2025 OF THE MINISTER OF INDUSTRY AND TRADE ON THE OPERATION OF THE COMPETITIVE ELECTRICITY WHOLESALE MARKET
(Issued together with Circular No. 36/2025/TT-BCT dated June 3, 2025 of the Minister of Industry and Trade amending and supplementing some provisions of Circular No. 16/2025/TT-BCT dated February 1, 2025 of the Minister of Industry and Trade on the operation of the competitive electricity wholesale market)

Appendix VII

LIST OF HYDROPOWER PLANTS COOPERATING IN OPERATION WITH THE STRATEGIC MULTIPLE-PURPOSE HYDROPOWER PLANT