Decree No. 56/2025/NĐ-CP provides detailed regulations on certain provisions of the Electricity Law regarding power development planning, power grid development schemes, construction investment in power projects, and bidding to select investors for power business projects.

DECREE

Providing detailed regulations on certain provisions of the Electricity Law regarding power development planning, power grid development schemes, investment construction of power projects, and tendering to select investors for electricity business projects.

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Pursuant to the Government Organization Law on February 18, 2025;

Pursuant to the Law on Local Administration Organization dated February 19, 2025;

Pursuant to the Electricity Law dated November 30, 2024;

Pursuant to the Law on Bidding dated June 23, 2023;

Pursuant to the Investment Law dated June 17, 2020;

Based on the Law on Information Technology dated August 2, 2023;

Pursuant to the Law on Electronic Transactions dated June 22, 2023;

On the basis of Law on Access to InformationApril 6, 2016;

||| Pursuant to the Cybersecurity Law dated November 19, 2015;

||| Pursuant to the Cyber Security Law dated June 12, 2018;

Based on the Law on Planning dated November 24, 2017, amended and supplemented by the Law on Medical Examination and Treatment dated January 9, 2023; the Law on Prices dated June 19, 2023; the Law on Water Resources dated November 27, 2023; the Land Law dated January 18, 2024; the Road Law dated June 27, 2024; the Law on National Defense Industry, Security Industry, and Industrial Mobilization dated June 27, 2024; the Law Amending and Supplementing Certain Provisions of the Land Law, Housing Law, Law on Business of Real Estate, and Law on Credit Institutions dated June 29, 2024; the Law Amending and Supplementing Certain Provisions of the Planning Law, Investment Law, Public-Private Partnership Investment Law, and Bidding Law dated November 29, 2024;

At the proposal of the Minister of Industry and Trade;

The Government promulgates this Decree providing detailed regulations on certain provisions of the Electricity Law regarding power development planning, power grid development schemes, investment construction of power projects, and tendering to select investors for electricity business projects.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations and guidance for implementing Clause 3 Article 8, Clause 6 Article 10, Clause 1 Article 12, Clause 2 Article 12, Clause 4 Article 12, Clause 4 Article 13, Clause 2 Article 14, Clause 5 Article 17, Clause 1 Article 19, Clause 3 Article 19, and Clause 1 Article 81 of the Electricity Law.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals participating in or related to power development planning and investment activities.

Article 3. Explanation of Terms

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

1. The electricity buyer is the Vietnam Electricity Group (or units representing at delegated levels and authority), the North Electricity Corporation, the Central Electricity Corporation, the South Electricity Corporation, the Hanoi Electricity Corporation, the Ho Chi Minh City Electricity Corporation, large electricity consumers, and other bulk electricity buyers according to the electricity market regulations.

2. Power generation unit/seller is an organization or individual as prescribed by Vietnamese law that owns one or more power plants.

3. Gas-fired thermal power project is an investment project for gas-fired thermal power plants using natural gas extracted domestically or liquefied natural gas.

4. Coal-fired thermal power project is an investment project for thermal power plants primarily using coal extracted domestically, imported coal, or a blend of domestic and imported coal.

5. Inviting party is an agency or unit under the Ministry of Industry and Trade; specialized agencies, agencies, or units directly under provincial People's Committees (hereinafter referred to as provincial level); agencies or units directly under Economic Zone Management Boards (for projects implemented in economic zones); district-level People's Committees assigned to carry out the invitation process.

The competent authority as prescribed by the law on bidding is the agency approving the investment proposal as prescribed by the law on investment or the agency deciding to organize the bidding to select investors. For projects within the approval authority of the National Assembly, Prime Minister, the competent authority as prescribed by the law on bidding is the agency deciding to organize the bidding to select investors.

The agency deciding to organize the bidding to select investors for electricity business investment projects includes the Ministry of Industry and Trade, provincial-level People's Committees, and Economic Zone Management Boards.

Liquefied Natural Gas (LNG) is a liquid hydrocarbon product derived from natural gas with a main component of methane (chemical formula: CH4, English name: Liquefied Natural Gas).

Regasification is the activity of converting LNG from its liquid state to its gaseous state.

Chapter II

POWER DEVELOPMENT PLANNING AND POWER GRID DEVELOPMENT SCHEMES

Article 4. Scale of power capacity of electricity sources and voltage level of power grids under the power development plan and the scheme for developing distribution networks in provincial planning

1. The scale of power capacity of electricity sources and voltage level of power grids under the power development plan shall be determined as follows:

a) The total installed capacity of all types of electricity sources in the national power system according to each type of source, including the power storage system but excluding the combined power storage system with renewable energy sources; the total installed capacity according to each type of source in each locality;

b) Electricity sources with installed capacity of 50 MW or more and the power grid connected synchronously with this source;

c) Electricity sources with installed capacity below 50 MW and the power grid connected synchronously with this source at voltage levels of 220 kV or higher;

d) Power grids at voltage levels of 220 kV or higher.

2. The scale of power capacity of electricity sources and voltage level of power grids under the scheme for developing distribution networks in provincial planning shall be determined as follows:

a) Electricity sources with installed capacity below 50 MW and the power grid connected synchronously with this source at voltage levels of 110 kV or lower;

b) Power grids at voltage levels of 110 kV;

c) Estimated total scale of medium voltage grids;

d) The scale of electricity sources and power grids within the province already determined in the power development plan.

Article 5. Cases where electricity sources and power grids do not fall under the power development plan and the scheme for developing distribution networks in provincial planning

1. Electricity sources that do not affect the national power system include:

a) Electricity sources in mountainous areas, border regions, and islands that have not been connected to or integrated into the national power system;

b) Self-produced and self-consumed electricity from renewable energy and new energy sources that are not connected to the national power system.

2. Electricity sources that have a minor impact on the national power system include:

a) Electricity sources connected to the national power system and equipped with devices to prevent reverse power flow into the national power system;

b) Self-produced and self-consumed electricity from renewable energy and new energy sources connected to the low-voltage power grid;

c) Self-produced and self-consumed electricity from renewable energy and new energy sources for individual households, government offices, and public facilities;

d) Electricity sources using residual heat from production lines for self-use purposes, whether or not they are connected to the national power grid and do not sell electricity back to the system.

3. Electricity sources that are not connected to or do not sell electricity into the national power system, except in cases of exporting or importing electricity.

4. Low-voltage power grids.

5. Upgrading and expansion projects of power facilities that do not increase the scale of power capacity or voltage level and do not generate additional land use requirements include:

a) Upgrading and expanding power plants and substations without increasing the scale of power capacity and without generating additional land use requirements outside the existing plant and facilities;

b) Undergrounding power grids without increasing the voltage level and without generating additional land use requirements;

c) Relocating power grid facilities to implement compensation and land clearance for other investment projects outside the power sector at the request of competent state authorities for economic and social development without changing the voltage level or the scale of power capacity.

Chapter III

DIGITAL TRANSFORMATION, MANAGEMENT AND OPERATION OF INFORMATION SYSTEMS AND DATA IN THE POWER SECTOR

Article 6. Digital Transformation, Information Systems, and Data in the Electricity Sector

1. Digital transformation, information systems, and data in the electricity sector include technical infrastructure for information technology, application software, and databases suitable for digital platforms that are built and integrated into the Energy Information System to serve state management tasks related to directing and controlling the development of the electricity industry, thereby serving economic and social development; ensuring energy security; implementing effective policies, mechanisms, and solutions for electricity development; and requirements for digital transformation in the electricity industry.

2. Technical infrastructure for information technology is a system of equipment serving the production, transmission, collection, processing, storage, and exchange of digital information, including the Internet, computer networks, computing devices (servers, workstations), network connection devices, security devices, peripheral devices, and auxiliary devices.

3. Application software must comply with technical standards for the application of information technology in state agencies, meeting the requirements for state management tasks related to directing and controlling the development of the electricity industry and various levels of information sharing and information security; encouraging the implementation of new technologies including artificial intelligence, big data, blockchain, cloud computing, and 5G technology.

4. Databases of information systems and data in the electricity sector include:

a) Technical characteristics of the infrastructure of power plants, power lines, and substations;

b) Information and data on electricity production and business operations;

c) Information and data on primary energy supply for electricity production;

d) Information and data on energy production and conversion for electricity production;

đ) Average electricity price information and average energy price information for electricity production by period;

e) Other information according to energy statistics indicators under the responsibility of the Ministry of Industry and Trade for publication.

Article 7. State Policies on Activities Related to Digital Transformation, Information Systems, and Data in the Electricity Sector

1. The State ensures necessary resources for activities related to digital transformation, information systems, and data in the electricity sector, specifically:

a) Allocating investment funds to build infrastructure and upgrade information systems to meet management requirements, data connectivity, and data sharing in the electricity sector, and ensure information security;

b) Allocating funds according to budget estimates for managing, operating, upgrading, and maintaining information systems, databases, and conducting surveys, collecting, and updating electricity databases from the annual regular state budget funds according to the budget hierarchy (funds for non-recurring tasks not subject to self-management regulations) of state agencies;

c) Enhancing professional skills, promotional skills, technical device usage skills, and digital transformation skills for individuals involved in implementation and operation.

2. The State ensures human resources for operation, data connectivity, and data sharing as follows:

a) Human resources for data connectivity and sharing are utilized from existing personnel managing and operating information systems; hiring information technology services and other sources as prescribed by law;

b) State agencies providing and using data are responsible for ensuring human resource conditions for management, connectivity, and sharing.

3. Enterprises wholly owned by the State or enterprises wholly owned by such enterprises under ministries and agencies at the level of ministries representing ownership rights in relevant industries shall independently allocate funds according to points a, b, and c of Clause 1 of this Article to operate and connect the information and data systems of the Ministry of Industry and Trade in the electricity sector.

4. Organizations and individuals in relevant industries shall independently allocate funds according to points a, b, and c of Clause 1 of this Article to operate and connect provincial-level information and data systems in the electricity sector, enjoying policies as prescribed by law.

Article 8. Implementation organization and management activities for digital transformation, information systems, and data in the electricity sector

1. The Ministry of Industry and Trade shall construct and operate the central-level information and data systems for the electricity sector; carry out data governance activities, data sharing management, and data exploitation in the electricity sector; organize surveys, collect, compile, and update electricity information data; guide relevant agencies and organizations to provide data and data categories for state agencies to exploit and utilize; manage, use, and provide data according to the level of data sharing as stipulated in Clause 1 of Article 7 of this Decree.

2. The Ministry of Finance shall implement within the scope of its assigned tasks and responsibilities, and allocate funds to implement digital transformation activities, information systems, and data related to the electricity sector as provided for in Clause 1 of Article 7 of this Decree.

3. Ministries, ministerial-level agencies, and government agencies shall implement and direct specialized units to organize surveys, collect electricity industry databases within their sectors and fields, and implement digital transformation within the electricity sector under their management, submitting them to the Ministry of Industry and Trade periodically and annually for consolidation; ensure activities connecting and sharing data.

4. Provincial People's Committees shall submit to the Provincial People's Councils for allocation of funds from the guaranteed capital source as provided for in Clause 1 of Article 7 of this Decree; direct the Department of Industry and Trade to construct and operate provincial-level information and data systems for the electricity sector in accordance with local power development and connect them to the Ministry of Industry and Trade's electricity information and data system; submit reports to the Ministry of Industry and Trade periodically and annually for consolidation.

5. State-owned enterprises holding 100% of the charter capital or enterprises held 100% by such enterprises, which are represented by ministries and ministerial-level agencies as asset owners and have business operations related to the electricity sector, shall report regularly and annually to the Ministry of Industry and Trade; organizations and individuals with business operations related to the electricity sector shall report regularly and annually to the Department of Industry and Trade.

Chapter IV

INVESTMENT AND CONSTRUCTION OF ELECTRICITY PROJECTS

Article 9. General Provisions

1. Investment and construction of electricity projects shall be carried out in accordance with laws on planning, investment, construction, environmental protection, electricity, and other related laws.

2. Priority shall be given to developing liquefied natural gas (LNG) terminal infrastructure based on the model of large-scale central LNG terminals and pipeline systems supplying regasified LNG from central LNG terminals to thermal power plants to optimize shared infrastructure.

Article 10. Milestones for Implementing Stage Objectives of Electricity Generation Investment Projects

1. The milestones for implementing stage objectives of electricity generation investment projects as prescribed in Clause 1 of Article 12 of the Electricity Law include milestones prescribed by investment laws and the following milestones:

a) Decision to invest in the project;

b) Commencement of the main works of the project;

c) Commissioning of the project.

2. The milestones in Clause 1 of this Article must be specified in the Certificate of Investment Registration or the approval document for the project's investment orientation of the electricity generation investment project.

Article 11. Criteria for determining power projects under the priority investment list of the State

Power projects carried out by state-owned enterprises holding 100% of the charter capital or enterprises held 100% of the charter capital by such enterprises shall be included in the priority investment list of the State according to the following criteria:

1. Investment in power projects to ensure national energy security, address urgent issues related to ensuring electricity supply security including:

a) Emergency power projects and facilities;

b) National key projects and priority projects of the power sector as per the power development plan;

c) Power projects that the State has a monopoly on investment construction as stipulated in Point b Clause 2 Article 5 of the Electricity Law;

d) Power projects serving national defense and security as decided by competent authorities.

2. Power grid projects in cases where the State acquires land for economic and social development for the benefit of the nation and public interest as prescribed by the Land Law.

3. Power projects supplying electricity to rural areas, ethnic minority regions, mountainous areas, border areas, islands, and regions with particularly difficult socio-economic conditions.

4. New energy and renewable energy projects promoting the energy transition process and reducing greenhouse gas emissions in line with national targets and commitments.

Article 12. Documents, procedures for establishing, reviewing proposals for approval and adjustment of investment orientation of power grid projects with voltage from 220 kV and below passing through administrative boundaries of two or more provinces as prescribed by the Investment Law

1. The documents, procedures for establishing and reviewing proposals for approval of investment orientation shall be implemented in accordance with the laws on investment and Clause 2 Article 13 of the Electricity Law; the authority approving the investment orientation shall be determined as prescribed in Point a Clause 2 Article 13 of the Electricity Law.

2. Soliciting opinions and responding to opinions during the review of proposals for approval of investment orientation shall be conducted in accordance with Points d and đ Clause 2 Article 13 of the Electricity Law, which only include contents related to planning, land use plans, and route alignment within the administrative boundaries of the province solicited for opinions.

3. The documents, procedures for approving adjustments to investment orientation shall be implemented in accordance with the laws on investment. In cases where the content of the adjustment falls within the administrative boundaries of the provinces through which the power lines pass, the People's Committee of the province with authority to adjust the investment orientation shall seek opinions from the People's Committee of that province as prescribed in Clause 2 of this Article.

Article 13. Procedures for approving and adjusting the list of medium and low voltage power grid investment projects

Based on the plan for developing the power distribution network in the provincial master plan, the demand for medium and low voltage power grid investment, the power unit or investor proposes to the Provincial People's Committee to approve the list in accordance with Clause 3 Article 13 of the Electricity Law as follows:

1. The documents for requesting approval of the list of medium and low voltage power grid investment projects include:

a) A request for approval of the list of medium and low voltage power grid investment projects according to Model No. 01 attached to this Decree;

b) Documentation proving the legal status of the power unit, investor, including: identity cards, citizen identity cards, valid passports, other personal identification documents for individuals; business registration number information for organizations;

c) Documentation proving the financial capacity of the power unit, investor, including one of the following documents: financial reports of the power unit, investor for the last two years; financial support commitment from the parent company; financial support commitment from financial institutions; guarantee of the investor's financial capacity; other documentation proving the investor's financial capacity.

2. The content of the review of the proposal for approval of the list of medium and low voltage power grid investment projects includes:

a) Evaluation of the suitability of the investment project list with the expected volume of medium voltage in the plan for developing the power distribution network in the provincial master plan;

b) Assessment of the necessity of investment and investment objectives.

3. Within three working days from the date of receipt of the documents, the Department of Industry and Trade shall be responsible for checking the completeness and validity of the documents. If the documents are incomplete or invalid, the Department of Industry and Trade shall issue a written request for the power unit, investor to amend and supplement the documents.

Within seven working days from the date of receipt of complete and valid documents as prescribed in Clause 1 of this Article, the Department of Industry and Trade shall prepare a review report including the review contents as prescribed in Clause 2 of this Article, and submit it to the Provincial People's Committee for approval.

4. Within five working days from the date of receipt of the documents and the review report, the Provincial People's Committee shall consider and approve the list of medium and low voltage power grid investment projects according to Model No. 02 attached to this Decree. If not approved, the Provincial People's Committee shall reply to the power unit, investor in writing and specify the reasons.

5. The documents prescribed in Clause 1 of this Article shall be submitted in one set on the provincial or centrally-administered city's administrative procedure handling information system, sent via postal service, or directly submitted to the Department of Industry and Trade of the province or centrally-administered city.

6. During the implementation of medium and low voltage power grid investment projects according to the list approved by the Provincial People's Committee, when there is a need to supplement, replace, or remove projects from the list, the power unit, investor shall implement the adjustment of the project list as follows:

a) The documents for requesting adjustment of the project list include: A request for adjustment of the investment project list according to Model No. 01 attached to this Decree and information on the implementation of projects in the list; relevant documentation for the adjustment (if any);

b) The procedures for approving the adjustment of the list of medium and low voltage power grid investment projects shall be implemented in accordance with Clauses 2, 3, 4, and 5 of this Article.

Article 14. Principles and criteria for determining urgent power projects and works

1. Urgent power projects and works must ensure the following principles:

a) They belong to the list of power projects in the power development plan, the scheme for developing the power supply network in the provincial planning or the implementation plan of the power development plan, the implementation plan of the provincial planning which includes the content of the scheme for developing the power supply network. In cases where the project is not included in the planning or plan, it must be approved by the competent authority to adjust or supplement the planning or adjust the plan in accordance with the laws on planning.

b) The investor has not yet been determined and the construction time needs to be shortened compared to the usual investment construction procedures to ensure timely response to urgent requirements for ensuring electricity supply security.

2. Urgent power source construction projects and synchronous grid connection works must meet one of the following criteria:

a) Power source construction projects and synchronous grid connection works need to be constructed to replace one or more delayed projects compared to the schedule stipulated in the approval or adjustment of the investment orientation document issued by the competent authority, suspended from implementing investment, terminated investment activities, or due to sudden increases in load causing risks of power shortages and failure to ensure electricity supply security during the planning period.

b) Power source construction projects and synchronous grid connection works whose investment projects have been terminated according to the laws on investment and handed over again to state-owned enterprises holding 100% of the charter capital or enterprises held 100% of the charter capital by such enterprises to implement investment construction, requiring shortened time to ensure electricity supply security during the planning period due to reasons specified in point a of this clause.

3. Urgent power transmission network construction projects playing an important role in transmitting power capacity between regions to prevent grid overload must meet one of the following criteria:

a) Projects and works need to be constructed to replace one or more delayed projects compared to the schedule stipulated in the approval or adjustment of the investment orientation document issued by the competent authority, posing a risk of power shortage, requiring load reduction, and reduced power generation capacity of the system forecasted for the next two years from the date of proposal and approved by the competent authority as urgent projects.

b) Projects and works need to be completed urgently to meet the sudden increase in load demand, and the implementation time of the project from the date of approval as an urgent power project by the competent authority to the date of operation should be less than 24 months for projects and works with 500 kV voltage level; less than 18 months for projects and works with 220 kV voltage level.

c) Projects and works of 110 kV outgoing lines serving the synchronous operation of 220 kV, 500 kV substations urgently.

d) Regional interconnection power grid projects from 110 kV voltage level and above calculated by the System Operation Unit showing that the regional grid cannot operate safely forecasted for the next two years from the date of proposal and approved by the competent authority as urgent power projects.

4. Urgent power grid projects based on urgent requirements for national defense and security or urgent requirements for socio-economic development of localities must meet one of the following criteria:

a) Power projects implemented based on urgent requirements for national defense and security.

b) Projects and works need to be completed urgently to meet the sudden increase in load demand based on urgent requirements for socio-economic development of localities, and the implementation time of the project, work from the date of approval as an urgent project by the competent authority to the date of operation should be less than 18 months for projects and works with 110 kV voltage level.

5. Based on reports on planning activities, periodic or ad hoc reports on the implementation of planning as prescribed by the laws on planning, or reports on the operation status of the power system, the principles and criteria for determining urgent power projects and works stipulated in this Article, the Ministry of Industry and Trade, People's Committees of provinces propose urgent power projects and works according to the scale of power capacity classification prescribed in Article 4 of this Decree to the Prime Minister for approval in accordance with regulations.

Article 15. Principles for cross-subsidization of fuel prices to electricity prices; minimum long-term power purchase contract volume for gas-fired thermal power projects

1. In accordance with each level of development of the competitive electricity market, gas-fired thermal power plant projects shall be subject to appropriate mechanisms and policies for development to ensure energy security and overall national interests, as well as balance the interests between electricity buyers and sellers.

2. Principles for cross-subsidization of fuel prices to electricity prices:

a) The fuel price in the calculation of electricity prices under the power purchase and sale contracts signed between the Electricity Seller and the Electricity Buyer shall be determined based on the fuel price supplied at the power plant. In cases where the Electricity Seller signs multiple fuel purchase and sale contracts, the fuel price shall be determined based on the weighted average according to the quantity of invoices from these fuel purchase and sale contracts;

b) For power plant projects equipped with infrastructure such as ports and pipelines for importing and directly using LNG, the Electricity Seller is permitted to recover reasonable and legitimate costs incurred when investing in port and pipeline infrastructure through the electricity purchase and sale contract price agreed upon with the Electricity Buyer, ensuring that the investment costs for port and pipeline infrastructure are not double-counted in the fuel price supplied at the power plant;

c) For power plant projects sharing common infrastructure such as ports and pipelines to purchase and use regasified LNG:

The fuel price supplied at the power plant shall be calculated based on the imported LNG price at the Vietnamese port and the service fees for storage, regasification, transportation, and distribution of LNG;

The Ministry of Industry and Trade shall set the service fees for storage, regasification, transportation, and distribution of LNG.

3. Principles for determining the minimum long-term power purchase contract volume:

Gas-fired thermal power projects directly participating in the competitive electricity market at various levels must agree and unify in the power purchase and sale contract regarding the minimum long-term power purchase contract volume based on the following principles:

a) For gas-fired thermal power projects using domestic natural gas, the minimum long-term power purchase contract volume shall be determined at the maximum level according to the gas supply capacity, meeting the binding requirements for fuel and capacity, and the available power generation capacity of the gas-fired thermal power project;

b) For gas-fired thermal power projects using imported LNG:

The minimum long-term power purchase contract volume shall not be lower than 65% of the average annual power generation volume of the gas-fired thermal power project. The minimum long-term power purchase contract volume shall be applied during the period of principal and interest repayment but not exceeding 10 years from the date the project starts generating electricity;

After the application period for the minimum long-term power purchase contract volume, the power purchase contract volume or the ratio of electricity payment according to the contract price for the remaining years shall be agreed upon by the Electricity Seller and the Electricity Buyer during the negotiation and agreement process of the power purchase and sale contract in accordance with relevant regulations;

The average annual power generation volume shall be determined according to the provisions on the method of determining the price of power generation services; the principle of calculating electricity prices to implement power projects; the main content of the power purchase and sale contract issued by the Minister of Industry and Trade and stipulated in the power purchase and sale contract.

4. The provisions of Clause 2 and Clause 3 of this Article shall be applied as follows:

a) For gas-fired thermal power projects using imported LNG whose operational date for power generation is before January 1, 2031, after receiving a notification from the competent state agency approving the completion acceptance results of the project owner;

b) For gas-fired thermal power projects using domestic natural gas whose operational date for power generation is before January 1, 2036, after receiving a notification from the competent state agency approving the completion acceptance results of the project owner.

5. Responsibilities of the Electricity Buyer and the Electricity Seller:

a) Negotiate and agree on the minimum long-term power purchase contract volume and the application period in the power purchase and sale contract in compliance with the provisions of this Article and other relevant laws;

b) The Electricity Seller has the responsibility to provide the Electricity Buyer with complete data, technical parameters, economic-financial parameters, and other necessary information about the gas-fired thermal power project to serve as the basis for negotiating the power purchase and sale contract; ensuring accuracy and reliability.

6. Responsibilities of the National Power System Dispatching Unit and the Market Trading Operation Unit:

a) Develop plans for operating and managing the competitive electricity market transactions to comply with the provisions of this Article and the regulations on operating the competitive electricity market at various levels and system operation and dispatching issued by the Minister of Industry and Trade;

b) Closely coordinate with the Electricity Buyer and the Electricity Seller to ensure the operation, dispatching, and mobilization of power plants using domestically extracted natural gas and imported LNG in compliance with the regulations on operating the competitive electricity market at various levels and system operation and dispatching issued by the Minister of Industry and Trade.

7. Gas-fired thermal power plant projects invested in and developed through public-private partnership (PPP) mode applying build-operate-transfer (BOT) contracts may choose to apply the provisions of this Article and other relevant laws.

Article 16. Support for investment after electricity meter installation for household electricity supply in rural areas, ethnic minority regions, mountainous areas, border areas, island areas, and areas with particularly difficult socio-economic conditions.

1. Support for the installation of household electricity usage facilities after the electricity meter (including electrical wiring, main electrical panel, circuit breakers, switches, outlets, light bulbs, and other materials) for households in rural areas, ethnic minority regions, mountainous areas, border areas, island areas, and areas with particularly difficult socio-economic conditions, as well as households whose houses have been damaged by natural disasters, fires, explosions, and need to build new houses.

2. Support for the installation of electrical wiring from after the electricity meter to the main electrical panel for household electricity supply for households in rural areas, ethnic minority regions, mountainous areas, border areas, island areas, and areas with particularly difficult socio-economic conditions, as well as households whose houses have been damaged by natural disasters, fires, explosions, but do not need to build new houses.

3. The form of support by the State under Clause 1 and Clause 2 of this Article shall be implemented according to Programs, projects, and construction works for electricity supply investment from state investment resources.

Chapter V

SELECTION OF INVESTORS FOR ELECTRICITY BUSINESS PROJECTS

Article 17. Electricity business investment projects that must organize bidding to select investors

1. Electricity business investment projects under Clause 1 of Article 19 of the Electricity Law included in the National Power Development Plan for the period 2021-2030, vision to 2050 or the provincial plans for the period 2021-2030, vision to 2050 must be organized for bidding when there are two or more investors interested, including:

a) Gas-fired thermal power plants, coal-fired thermal power plants;

b) Renewable energy projects including: solar power, wind power, hydropower, biomass power.

2. Bidding activities to select investors for electricity business investment projects shall be carried out in accordance with the provisions of the law on bidding and this Decree.

Article 18. Special requirements in the tender documents for electricity business investment projects

1. For projects within the planning or implementation plan of the planning, network development scheme in the provincial planning, Vietnam Electricity Corporation (or units representing according to the division of authority and delegation), Northern Power Corporation, Central Power Corporation, Southern Power Corporation, Hanoi Power Corporation, Ho Chi Minh City Power Corporation shall be responsible for purchasing electricity according to the requirements of the competent authority as stipulated by the law on bidding or the agency organizing the bidding to select investors.

2. The competent authority as stipulated by the law on bidding or the agency organizing the bidding to select investors shall be responsible for determining the Purchaser of Electricity as stipulated in Clause 1 of this Article will sign a power purchase agreement with the investor.

3. The tender documents for electricity business investment projects include:

a) Information about the Purchaser of Electricity as stipulated in Clause 1 of this Article;

b) Documents prepared in accordance with the provisions of the law on bidding;

c) Preliminary feasibility study report of the project;

d) Draft power purchase agreement proposed by the Purchaser of Electricity and agreed upon with the agency organizing the bidding to select investors;

đ) Requirements regarding the localization rate for important equipment and consulting services to ensure continuous power supply and national energy security as stipulated by the law on electricity;

e) Investment guarantee mechanisms as stipulated in Article 15 of this Decree.

4. Responsibility for payment of survey costs and preparation of the preliminary feasibility study report:

a) The investor pays in the case where the investor proposes the project;

b) The competent authority as stipulated by the law on bidding, the agency organizing the bidding to select investors uses regular budget funds to pay, except in the case stipulated at point a of this clause;

c) The selected investor is responsible for reimbursing the costs specified at point b of this clause;

d) In the case where the costs have been paid as stipulated at point a of this clause but the project has not been approved for investment orientation or no winning bidder has been selected, then the proposing investor bears all costs and risks;

đ) In the case where the costs have been paid as stipulated at point b of this clause but the project has not selected a winning bidder or has been halted according to the requirements of the competent authority, these costs will be settled into the reasonable costs of the competent authority as stipulated by the law on bidding, the agency organizing the bidding to select investors.

Article 19. Criteria for evaluating the effectiveness of power industry development

1. For power business investment projects with a price range issued by the Ministry of Industry and Trade, the criteria for evaluating the effectiveness of power industry development shall be electricity prices, implemented as follows:

a) The ceiling electricity price in the tender invitation document is the maximum price within the electricity generation price range corresponding to the type of power source issued by the Ministry of Industry and Trade at the time of bidding;

b) The investor's proposed electricity price in the bid document must not exceed the ceiling electricity price specified in the tender invitation document;

c) The winning bid electricity price is the maximum electricity price for the electricity buyer to negotiate the electricity purchase contract with the winning bidder.

2. For power business investment projects without a price range issued by the Ministry of Industry and Trade, it shall be implemented as follows:

a) The criteria for evaluating the effectiveness of power industry development shall be the minimum monetary value paid to the state budget annually. The investor's proposed value in the bid document must not be lower than the minimum level specified in the tender invitation document;

b) The value specified in point a of this clause is independent of the investor's obligations to the state budget as stipulated by law;

c) The payment of the value specified in point a of this clause to the state budget shall be carried out as follows: the annual value paid to the state budget is determined based on the value proposed by the investor in the bid document; the form, progress, and deadline for paying the value specified in point a of this clause are specifically stipulated in the project investment business contract.

Article 20. Negotiation and Execution of Project Investment Business Contracts and Electricity Purchase and Sale Contracts

The negotiation and execution of electricity purchase and sale contracts with the winning bidder shall be carried out as follows:

1. The maximum time for the winning bidder to approve the Feasibility Study Report for the construction of the power project from the date of signing the project investment business contract is as follows:

a) For hydropower, gas-fired thermal power, coal-fired thermal power, and wind power projects, the maximum time is 15 months;

b) For biomass power and solar power projects, the maximum time is 6 months.

2. Based on the results of the bidding selection of investors for power business investment projects and the approved Feasibility Study Report for the construction of power business investment projects, the electricity buyer and the winning bidder have the responsibility and obligation to negotiate and execute the electricity purchase and sale contract. The maximum time for negotiating and executing the electricity purchase and sale contract from the date the investor submits a valid application to the electricity buyer is 3 months.

3. The electricity buyer and the winning bidder are responsible for the negotiation and execution time of the electricity purchase and sale contract to ensure the project implementation schedule according to the power development plan, provincial planning, and power supply security.

Chapter VI

IMPLEMENTATION

Article 21. Responsibilities for Implementation

1. The Ministry of Industry and Trade has the responsibility to lead and coordinate with relevant agencies and organizations to implement:

a) Guidance and inspection of organizations and individuals implementing this Decree;

b) Periodic annual summary and evaluation of the results of implementing this Decree and reporting to the Government for review and appropriate amendment in light of reality.

2. Provincial People's Committees:

a) Organizing the implementation, inspection, supervision of the enforcement of this Decree, performing state management work on power source development and power grid at the local level;

b) Entrusting the Department of Industry and Trade to lead and coordinate with relevant agencies and units to inspect compliance with regulations on planning, construction investment, and bidding to select power business investors for power projects as stipulated in this Decree.

Article 22. Amend and Repeal Certain Articles of Decree No. 115/2024/NĐ-CP dated September 16, 2024, detailing certain provisions and measures for implementing the Law on Bidding regarding the selection of investors to implement investment projects using land.

1. Amend Clause 1 of Article 14:

"1. The tender inviter shall instruct the specialized team to prepare the tender invitation dossier containing the contents stipulated in Article 48 of the Law on Bidding for the investor to prepare the bidding dossier. For investment projects involving energy construction works, the tender invitation dossier shall include a draft power purchase agreement proposed by the electricity buyer and agreed upon with the authority organizing the bidding in accordance with the laws on electricity."

2. Amend Point d of Clause 2 of Article 19:

"d) The value proposed by the investor regarding the effectiveness of investment in developing industries, sectors, and localities in the bidding dossier includes one of the following information: monetary value paid to the state budget; the percentage of revenue proposed by the investor to be paid to the state budget; price of goods and services; number of public works without business purposes; value of social assistance activities or other social welfare activities provided to beneficiaries determined by monetary value or number of people supported; type, degree of toxicity, and total amount of pollutants discharged into the environment; land area and land use coefficient; level of state budget payment and additional rate proposed by the investor to implement air service construction projects; annual monetary value paid to the state budget, electricity price for energy construction projects; time of delivery of housing for resettlement in renovation and reconstruction projects of apartment buildings (in cases where the criteria for evaluating investment effectiveness in industries, sectors, and localities are applied)."

3. Amend Clause 2 of Article 49:

"2. For investment projects involving energy construction works, the criteria for evaluating the effectiveness of investment in developing industries, sectors, and localities shall be implemented in accordance with the laws on electricity."

4. Repeal Article 70.

5. Amend and Supplement Point a of Clause 7 of Section II in Appendix III:

"a) The value proposed by the investor includes one of the following information: monetary value paid to the state budget; the percentage of revenue proposed by the investor to be paid to the state budget; price of goods and services; number of public works without business purposes; value of social assistance activities or other social welfare activities provided to beneficiaries determined by monetary value or number of people supported; type, degree of toxicity, and total amount of pollutants discharged into the environment; land area and land use coefficient; level of state budget payment and additional rate proposed by the investor to implement air service construction projects; annual monetary value paid to the state budget, electricity price for energy construction projects; time of delivery of housing for resettlement in renovation and reconstruction projects of apartment buildings;"

Article 23. Effectiveness of Implementation

This Decree takes effect from the date of issuance.

Article 24. Transitional Provisions

1. Investment projects in the power development plan and implementation plan of the power development plan that have capacity within the provincial power distribution network development scheme as stipulated in Article 4 of this Decree shall continue to be implemented according to the decision already approved by the competent authority. These projects will be updated in the provincial plan or implementation plan of the provincial plan when revising the provincial plan after this Decree takes effect.

2. Medium and low voltage grid projects that have been accepted by the investment registration agency for valid application files requesting approval or adjustment of investment orientation before this Decree takes effect shall continue to be implemented in accordance with the laws on investment.

3. For investment projects in the power sector subject to bidding to select investors, they shall be carried out as follows:

a) In cases where the tender invitation dossier has not been issued by the date this Decree takes effect, it must be prepared in accordance with this Decree;

b) In cases where the tender invitation dossier has been issued in accordance with Decree No. 115/2024/NĐ-CP dated September 16, 2024, detailing certain provisions and measures for implementing the Law on Bidding regarding the selection of investors to implement investment projects using land and guiding regulations, but the investor selection result has not been approved by the date this Decree takes effect, the following actions shall be taken: if the bidding dossier has been received, continue to evaluate the bidding dossier based on the issued tender invitation dossier; if the bidding dossier has not been received, the authority organizing the bidding may extend the deadline for submission of bids and amend the tender invitation dossier in accordance with this Decree.

Article 25. Responsibilities for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.