Decree No. 58/2025/NĐ-CP provides detailed regulations on certain provisions of the Electricity Law regarding the development of renewable energy electricity and new energy electricity.

DECREE

Detailed regulations on certain provisions of the Electricity Law regarding the development of renewable energy and new energy electricity

renewable energy and new energy electricity

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

Pursuant to the Electricity Law dated November 30, 2024;

At the proposal of the Minister of Industry and Trade;

The Government promulgates this Decree to provide detailed regulations on certain provisions of the Electricity Law regarding the development of renewable energy and new energy electricity.

Chapter I:

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations on certain provisions of the Electricity Law regarding the development of renewable energy and new energy electricity, including Clause 4 Article 13; Clause 8 Article 20; Clause 3 Article 22; Clause 2 Article 23; Point c Clause 2 Article 25; Clause 5, Clause 7, Clause 8 Article 26; Point b Clause 2, Clause 5 Article 27; Clause 4 Article 28; Clause 4 Article 29.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals implementing activities stipulated in Article 1 of this Decree within the territory of the Socialist Republic of Vietnam.

Article 3. Explanation of Terms

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

1. The seller of excess electricity is an organization or individual owning self-generated power sources for self-consumption, or an organization or individual assuming the rights and obligations of such organizations or individuals as prescribed by law.

2. The buyer of excess electricity is a power company belonging to the following categories:

a) A subsidiary of the Vietnam Electricity Corporation under the Vietnam Electricity Group;

b) Units under the Vietnam Electricity Corporation of the Vietnam Electricity Group.

3. Connecting to the national power grid means connecting electricity between power loads or power sources of organizations or individuals with the national power grid or connecting through the distribution network of a power company.

4. Rooftop solar power is electricity produced from photovoltaic panels that convert sunlight into electrical energy installed on the roof of a construction project, connected to electrical equipment, and serving power generation.

5. Excess electricity production is the amount of electricity produced from renewable energy or new energy sources through self-production and self-consumption but not fully utilized for power loads and fed into the power grid owned by the buyer of excess electricity.

Chapter II:

DEVELOPMENT OF RENEWABLE ENERGY AND NEW ENERGY ELECTRICITY

Article 4. Mechanism of incentives and support for the development of power storage systems in renewable energy projects

Renewable energy projects equipped with power storage systems and connected to the national power grid shall be prioritized for mobilization during peak hours of the power system according to regulations, except for self-produced and self-consumed power.

Article 5. Incentive and support policies for research and development of appropriate technology in wind power and solar power sectors

1. Research and development of technology in the wind power and solar power sectors in Vietnam are encouraged and supported for development in accordance with Article 8 of the Electricity Law and relevant laws.

2. The State prioritizes the implementation of programs for research, development, and application of science and technology, production of photovoltaic panels, wind turbines, and power conversion equipment.

3. Other preferential and support policies in accordance with current laws.

Article 6. Conditions and duration for applying incentive and support policies for the development of new energy electricity

1. New energy electricity projects are eligible for incentive and support policies stipulated in Clause 2 Article 23 of the Electricity Law when meeting the following conditions:

a) New energy electricity projects produce electricity from 100% green hydrogen or 100% green ammonia or a 100% mixture of green hydrogen and green ammonia;

b) Projects supply electricity to the national power grid;

c) The first project of each type of new energy electricity.

2. Projects specified in Clause 1 of this Article are entitled to the following preferential mechanisms:

a) Exemption from sea area usage fees during the basic construction period but not exceeding three years from the date of commencement of construction. A reduction of 50% in sea area usage fees for nine years after the exemption period of the basic construction period;

b) Exemption from land usage fees and land rental fees during the basic construction period but not exceeding three years from the date of commencement of construction. After the exemption period of the basic construction period, exemptions and reductions in land usage fees and land rental fees shall be implemented in accordance with investment and land laws;

c) Minimum long-term contract electricity volume is 70% during the loan repayment period but not exceeding twelve years, except where the investor and the electricity buyer have agreed otherwise. This mechanism does not apply if the project fails to meet the minimum committed production due to reasons from the project itself or due to load demand or technical conditions of the power system that cannot consume all production;

d) After the period specified in point a and point c of this clause, the application of preferential mechanisms shall be carried out in accordance with laws at the time of termination of the period.

Article 7. Mechanism for Sharing and Providing Information and Data on Primary Energy Source Parameters and Electricity Generation Statistics of Renewable Energy Power Plants and New Energy Power Plants

1. The owner of renewable energy power plants and new energy power plants shall provide primary energy source parameters (if any) and electricity generation statistics during operation as follows:

a) For solar power plants, provide the following parameters: Total number of sunny hours in a week (unit of measurement is hours), average solar radiation energy density per week (unit of measurement is W/m2), total solar radiation energy per week (unit of measurement is kWh/m2); weekly electricity generation statistics (unit of measurement is kWh);

b) For wind power plants, provide the following parameters: Dominant wind direction in a month, wind measurement height from ground level (unit of measurement is m), average wind speed per week (unit of measurement is m/s); average wind energy density per week (unit of measurement is W/m2); weekly electricity generation statistics (unit of measurement is kWh);

c) For biomass power plants and waste-to-energy power plants, weekly statistics on physical indicators of biomass and waste used for power generation, including: Mass (unit of measurement is kg), moisture content (unit of measurement is %), calorific value (unit of measurement is kJ/kg); weekly electricity generation statistics (unit of measurement is kWh);

d) For other renewable energy power plants and new energy power plants, provide weekly statistical data on primary energy source parameters and fuel inputs for electricity production; weekly electricity generation statistics (unit of measurement is kWh).

2. Reporting System:

a) The owner of renewable energy power plants and new energy power plants under projects approved or investment orientation decisions made by provincial People's Committees shall report the data specified in Clause 1 of this Article for the previous year to the Department of Industry and Trade before January 15 each year. The Department of Industry and Trade shall be responsible for compiling and reporting such data to the Ministry of Industry and Trade before January 31 each year;

b) The owner of renewable energy power plants and new energy power plants under projects accepted or investment orientation decisions made by the National Assembly or the Prime Minister shall report the data specified in Clause 1 of this Article for the previous year to the Ministry of Industry and Trade before January 15 each year;

c) In addition to complying with the reporting regime stipulated in points a and b of this clause, the owner of renewable energy power plants and new energy power plants must also comply with other relevant legal provisions regarding the reporting of operational information and project data.

3. Utilization and exploitation of data:

The Ministry of Industry and Trade, the Department of Industry and Trade shall compile and retain the data reported by the power plant owners according to Clauses 1 and 2 of this Article for the purpose of evaluating the potential for developing renewable energy and new energy; providing data for basic investigation work as prescribed in Article 21 of the Electricity Law; serving calculations, forecasting power sources, system operation, and other purposes as prescribed by law.

Article 8. Deadline for Dismantling Solar Power Plants and Wind Power Plants

From the date of cessation of operations as prescribed in Clause 1 of Article 25 of the Electricity Law, the owner of solar power plants and wind power plants shall be responsible for completing the dismantling of the plant within the following deadlines:

1. For plants located on land-based projects, the following applies:

a) For projects classified as Group A or higher according to laws on public investment, the maximum dismantling period is three years;

b) For the remaining projects, the maximum dismantling period is two years.

2. For plants located on sea-based projects, the following applies:

a) For projects classified as Group A or higher according to laws on public investment, the maximum dismantling period is five years;

b) For the remaining projects, the maximum dismantling period is three years.

Article 9. Renewable energy power projects and new energy power projects that fall under the Prime Minister's authority to approve investment proposals in accordance with Clause 4 of Article 31 of the Investment Law.

1. Renewable energy power projects and new energy power projects using the inter-regional sea area within the six-nautical-mile zone measured from the lowest average low-water line of the mainland towards the sea.

The preparation of the proposal dossier for approval of the investment direction as stipulated in this clause shall be carried out as follows:

a) The investor shall prepare the dossier to request approval of the investment direction in accordance with the laws on investment.

b) Except for the subject specified in point a of this clause, the Ministry of Industry and Trade shall be responsible for preparing the dossier to request approval of the investment direction in accordance with the laws on investment.

c) For the investment projects specified in points a and b of this clause, the Prime Minister shall designate the provincial investment registration agency to issue the Certificate of Investment Registration for the entire project.

2. New energy power projects and renewable energy power projects using the sea area outside the six-nautical-mile zone measured from the lowest average low-water line of the mainland towards the sea.

Chapter III:

DEVELOPMENT OF SELF-GENERATED AND SELF-CONSUMED ELECTRICITY FROM RENEWABLE ENERGY SOURCES AND NEW ENERGY SOURCES

Section 1:

GENERAL PROVISIONS

Article 10. Principles of Development

1. Organizations and individuals owning self-generated and self-consumed electricity sources, if they do not use up all the generated electricity, may sell the excess electricity as follows:

a) Excess electricity from rooftop solar photovoltaic systems that are self-generated and self-consumed shall be sold according to the provisions of this Decree.

b) Except for the subject specified in point a of this clause, other self-generated and self-consumed electricity sources may sell the excess electricity but not exceeding 10% of the actual generated electricity.

2. The costs of purchasing excess electricity from renewable energy and new energy sources as prescribed in this Decree shall be accounted for and fully included in the input parameters of the annual wholesale and retail electricity price plans of Vietnam Electricity Corporation.

3. Projects and construction works must ensure compliance with the laws on investment, construction, land, environmental protection, safety, and fire prevention before investing in and installing self-generated and self-consumed electricity sources.

4. Organizations and individuals are not allowed to import used electrical equipment to invest in and construct self-generated and self-consumed electricity sources that sell excess electricity into the national power grid.

5. Requirements for operation of self-produced and self-consumed power sources connected to the national power grid:

a) Self-produced and self-consumed power sources must be operated to ensure the safety of the national power grid and be mobilized equally with other renewable energy and new energy power sources of the same type;

b) For self-generated and self-consumed electricity sources connected to the grid with installed capacity of 100 kW or more, organizations and individuals shall be responsible for equipping connection devices and means with the system for data collection, monitoring, and control of the distribution dispatch level according to technical requirements published publicly on the website of Vietnam Electricity Corporation.

c) Organizations and individuals specified in point b of this clause must comply with the dispatch orders and controls of the system dispatch levels when feeding excess electricity into the national power grid.

d) In case of situations threatening the ability to ensure power supply, the system dispatch levels shall decide to mobilize or stop, reduce the power generation capacity fed into the grid from self-generated and self-consumed electricity sources with installed capacity of 100 kW or more to ensure power supply security.

Article 11. Capacity for Developing Self-generated and Self-consumed Power Sources

1. The capacity of self-generated and self-consumed electricity sources shall be implemented in accordance with the regulations of the Electricity Law on power development planning, network development schemes in provincial planning, and shall be consistent with the load demand and conditions of the power system, except for the electricity sources specified in Clause 5 of Article 10 of the Electricity Law and detailed regulations of Clause 5 of Article 10 of the Electricity Law.

2. Organizations and individuals developing self-generated and self-consumed electricity sources shall be responsible for calculating and determining the appropriate capacity and electricity production volume based on their load demand. It is encouraged to install suitable electricity storage systems according to their load demand or install them at the ratio prescribed by the competent authority (if applicable).

3. The installed capacity of self-generated and self-consumed electricity sources of organizations and individuals specified in Clause 2 of this Article shall not exceed the maximum capacity Pmax calculated as follows:

a) For organizations and individuals currently purchasing electricity from power units through single-phase metering:

Pmax = (Udd x Idđmax x kc)√3

Where:

Udđ: Voltage level at which the organization or individual purchases electricity from the power unit (0.4 kV; 6 kV; 10 kV; 22 kV or other voltage levels applied in practice).

Idđmax: Maximum current of the meter (recorded on the meter).

kc: Current transformer ratio, which is the ratio between the rated primary current and the rated secondary current (if applicable).

b) For organizations and individuals currently purchasing electricity from power units through three-phase metering:

Pmax = √3Udd x Idđmax x kc

Where:

Udđ: Voltage level at which the organization or individual purchases electricity from the power unit (0.4 kV; 6 kV; 10 kV; 22 kV or other voltage levels applied in practice).

Idđmax: Maximum current of the meter (recorded on the meter).

kc: Current transformer ratio, which is the ratio between the rated primary current and the rated secondary current (if applicable).

Article 12. Procedures and formalities for developing self-generated and self-consumed power sources

1. For power sources not connected to the national power grid:

a) Organizations and individuals wishing to invest in building power sources shall have the obligation to notify the Department of Industry and Trade and provincial-level power units of the following information: name of organization or individual; type of power source and capacity; purpose, location, start date, and completion date of implementation. The Department of Industry and Trade shall be responsible for compiling and reporting to the Ministry of Industry and Trade;

b) Investment in building power sources must comply with laws on investment, construction, environmental protection, fire prevention and fighting, and other relevant laws.

2. For power sources that are connected but do not sell excess electricity to the national power grid, organizations and individuals investing in developing power sources shall comply with the provisions set out in point a and point b of Clause 1 of this Article and the following provisions:

a) Except for power sources specified in Clause 5 of Article 10 of the Electricity Law, the capacity of power sources must be consistent with the power development plan, the implementation plan of the power development plan, and the distribution network development scheme in the provincial planning;

b) Reach agreement and unify with related power units regarding the connection point and investment boundary. Power units shall be responsible for determining and unifying the connection point and investment boundary within five working days;

c) Depending on the scale of development, organizations and individuals must comply with technical requirements, control, monitoring, and protection according to laws on electricity.

3. For power sources that sell excess electricity to the national power grid, organizations and individuals shall comply with the provisions set out in point a and point b of Clause 1; point a, point b, and point c of Clause 2 of this Article and the following provisions:

a) Agree on metering with the buyer of excess electricity;

b) Complete procedures for obtaining an electricity operation permit, except in cases where such a permit is exempted according to regulations;

4. Except for rooftop solar power sources for self-generation and self-consumption, the purchase and sale of excess electricity as stipulated in Clause 3 of this Article shall be carried out as follows:

a) Monthly, the buyer of excess electricity shall only pay for the portion of excess electricity sold into the national power grid not exceeding 10% of the actual generated electricity determined at the generator's terminal or converter. The specific ratio of excess electricity shall be agreed upon by the parties involved according to regulations;

b) For small renewable energy power plants for self-generation and self-consumption, the price of purchasing and selling excess electricity is the average cost-avoidance electricity tariff annually issued by the Minister of Industry and Trade;

c) Except for power sources specified in point b of this clause, the price of purchasing and selling excess electricity is the average market electricity price in the previous year minus the distribution and retail electricity service costs reviewed and approved by the competent authority according to the mechanism for adjusting the average retail electricity price issued by the Government in the previous year (if applicable). The price of purchasing and selling excess electricity shall not exceed the maximum price in the corresponding generation tariff range.

Section 2:

DEVELOPMENT OF ROOFTOP SOLAR POWER

SELF-GENERATION AND SELF-CONSUMPTION

Article 13. Encouragement Policy for Development

1. Construction works ensuring compliance with laws on investment, construction, land, environmental protection, safety, fire prevention and fighting shall install rooftop solar power systems in self-production and self-consumption mode.

2. Households using individual residential houses to develop small-scale power sources with capacity less than 100 kW that sell excess electricity to the national power grid shall be exempted from or not required to adjust their Business Registration Certificate.

Article 14. Mechanism for Buying and Selling Excess Electricity

1. The subjects eligible to sell excess electricity include:

a) Rooftop solar power sources connected to the national power grid within the scale of development specified in the power development plan, implementation plan of the power development plan, and power network development scheme in provincial planning, except for those specified in points b and c of this clause;

b) Solar power sources installed on the rooftops of individual residential buildings with capacity less than 100 kW connected to the power grid of the entity purchasing excess electricity;

c) Rooftop solar power sources of organizations and individuals installed on the rooftops of construction works in mountainous, border, and island areas with existing power grids but not yet connected to the national power grid.

2. Except for the subjects specified in Articles 5 and 6 of this Decree, the subjects specified in Article 1 of this Decree may sell excess electricity to the entity purchasing excess electricity but not exceeding 20% of the electricity generated at the output of the rooftop solar power source based on radiation intensity (determined at the output of the inverter, including the electricity stored in the storage system if any). The monthly electricity generation at the output of the rooftop solar power source is calculated as follows:

Ai = PVout(i) x Plđ

(tonnes CO

Ai: Electricity generated at the output of the rooftop solar power source in month i, unit: kWh;

PVout(i): Characteristic coefficient representing the average amount of electricity generated (kWh) per kWp of the rooftop solar power source in month i in each central city province, unit: kWh/kWp. The theoretical PVout coefficient of 12 months in each central city province is publicly announced by Vietnam Electricity Corporation after obtaining comments from the Ministry of Industry and Trade, and the Ministry of Agriculture and Environment;

Plđ: Total rated capacity of the actual installed photovoltaic panels of the rooftop solar power source, unit: kWp.

3. Monthly payment for purchasing excess electricity under Article 2 of this Decree shall be carried out according to the agreement between the seller of excess electricity and the entity purchasing excess electricity as follows:

a) In case the excess electricity injected into the power grid of the entity purchasing excess electricity exceeds 20% of Ai, then the excess electricity will be paid at 20% of Ai;

b) In case the excess electricity injected into the power grid of the entity purchasing excess electricity is less than 20% of Ai, then the excess electricity will be paid as the entire amount of electricity measured at the meter.

4. The price for buying and selling excess electricity is the average market electricity price of the previous year published by the market electricity transaction management unit but not higher than the maximum price in the tariff framework for ground-mounted solar power.

5. Rooftop solar power sources for self-production and self-consumption installed in public works shall not implement the purchase and sale of excess electricity.

6. For mountainous, border, and island areas not yet supplied with electricity from the national power grid, there is no limit on the amount of excess electricity purchased from organizations and individuals selling excess electricity. The excess electricity will be paid as the entire amount of electricity measured at the meter. From the date when these areas are supplied with electricity from the national power grid, the determination and payment of excess electricity will be implemented according to the provisions of Article 2 and Article 3 of this Decree.

7. Organizations and individuals selling excess electricity must complete the procedures for obtaining a power operation permit, except in cases where they are exempted from obtaining a power operation permit according to regulations.

Article 15. Notification of Electricity Source Development

1. Organizations and individuals developing rooftop solar power sources for self-production and self-consumption without connecting to the national power grid shall comply with the provisions of Clause 1, Article 12 of this Decree.

2. Households using individual residential houses to develop rooftop solar power sources for self-production and self-consumption with capacity less than 100 kW and connected to the national power grid shall submit Notification Form No. 01 attached to this Decree to the Department of Industry and Trade, power company, construction management agency, and fire prevention and fighting agency at the local level for management, monitoring, and guidance in accordance with the law.

3. Except for the subjects specified in Article 2 of this Decree, organizations and individuals developing rooftop solar power sources for self-production and self-consumption with installed capacity less than 1,000 kW and connected to the national power grid but not registering to sell excess electricity shall submit Notification Form No. 02 attached to this Decree to the Department of Industry and Trade, power company, construction management agency, and fire prevention and fighting agency at the local level for management, monitoring, and guidance in accordance with the law.

4. State management agencies and power companies specified in Articles 2 and 3 of this Decree shall be responsible for guiding organizations and individuals to submit Notifications in accordance with specialized laws when such organizations and individuals make requests.

Article 16. Subjects for registration of power development and authority to issue Power Development Registration Certificate

1. Subjects for registration of solar power generation on rooftops for self-consumption connected to the national grid include:

a) Organizations and individuals developing power sources with installed capacity of 1,000 kW or more;

b) Organizations and individuals developing power sources with installed capacity less than 1,000 kW that do not sell excess electricity but have a need for a Power Development Registration Certificate;

c) Organizations and individuals developing power sources with installed capacity less than 1,000 kW who register to sell excess electricity into the grid of the electricity purchaser, except households developing power sources with installed capacity less than 100 kW on the roof of individual residential buildings and subjects specified in Clause 6, Article 14 of this Decree.

2. The total capacity of power sources registered for development at Point a and Point c, Clause 1 of this Article shall not exceed the capacity allocated to the locality under laws on power development planning.

3. Provincial Departments of Industry and Trade are the authorities with the power to issue Power Development Registration Certificates for subjects specified in Clause 1 of this Article.

4. Conditions for issuing the Development Registration Certificate:

a) Having complete development registration files as prescribed in Article 17 of this Decree;

b) A document from the provincial power unit confirming that the expected installed power source will not cause overload to the transformer station, low-voltage distribution network, and distribution network in the area where development is registered.

Article 17. Documents for requesting issuance of Development Registration Certificate

1. Components of the application package include:

a) Registration Form No. 03 attached to this Decree;

b) For individual households using individual residential buildings, provide documentation including: Design drawings for installing the power source; copies of relevant documents related to the building with a roof as prescribed by law (if applicable), such as construction permits, fire prevention acceptance documents;

c) For organizations and individuals not falling under Point b of this Clause, provide documentation including: Design drawings for installing the power source; copies of relevant documents related to the building with a roof when specialized laws prescribe such as investment decision for the project, construction permit, fire prevention acceptance documents, construction acceptance results, environmental permit or registration.

2. Receiving agency: Provincial Departments of Industry and Trade.

3. Method of submitting the application package: The application package can be submitted in one of the following methods:

a) Submitting the application package directly at the receiving agency's office. Unauthenticated copies of accompanying documents must be accompanied by original documents for verification;

b) Sending the application package via postal service with authenticated copies of accompanying documents;

c) In cases where the application package is submitted through the online portal of the receiving agency, it shall be processed according to the online public service method.

4. Number of application packages: 01 set.

Article 18. Procedures and formalities for issuing Development Registration Certificate

1. In cases where the application package is incomplete or non-compliant with regulations, within three working days from the date of receipt of the application package, the Department of Industry and Trade shall issue a notice to return the entire application package for organizations and individuals to supplement and resubmit according to regulations.

2. In cases where the application package is complete and compliant, the Department of Industry and Trade shall accept and forward the application package to the provincial power unit for comments on the possibility of overloading the transformer station, low-voltage distribution network, and distribution network in the area where development is registered. The power unit is responsible for checking and sending comments to the Department of Industry and Trade within a maximum of three working days.

3. Within ten days from the date of accepting a complete and compliant application package, the Department of Industry and Trade shall be responsible for issuing the Power Development Registration Certificate according to Model No. 04 attached to this Decree. In cases where conditions for issuance are not met, the Department of Industry and Trade shall notify in writing and specify the reasons.

4. During the processing period, the Department of Industry and Trade shall be responsible for determining the time of application package receipt including day, hour, and minute, and processing the application package in the order of receipt.

Article 19. Amendment and Supplement to the Certificate of Registration for Development

1. The Certificate of Registration for Development shall be amended and supplemented when there is a change in information about the owner of the facility, capacity scale, completion installation time, selection form for selling excess solar power from rooftop self-generated and self-consumed electricity as recorded in the Certificate.

2. The dossier, procedures, and formalities for issuing an amended and supplemented Certificate of Registration for Development shall be carried out in accordance with the provisions of Articles 16, 17, and 18 of this Decree.

3. In case the Certificate of Registration for Development is lost or damaged, the Department of Industry and Trade shall issue a copy from the original record according to regulations for organizations and individuals requesting it.

Article 20. Revocation of the Certificate of Registration for Development

1. The Department of Industry and Trade shall consider and decide to revoke the Certificate of Registration for Development in the following cases:

a) A portion of the capacity or construction project with installed power sources within the area required to be reclaimed or cleared under the decision of the competent authority;

b) Organizations or individuals submit a request not to continue developing or operating the registered power source;

c) Organizations or individuals forge documents in the registration dossier; issue certificates beyond their authority;

d) Within 60 days from the date of issuance of the Certificate of Registration for Development, organizations or individuals do not install the registered power source;

đ) Other cases as required by state management agencies.

2. The Director of the Department of Industry and Trade shall issue a decision to revoke the Certificate of Registration for Development in the cases stipulated in Clause 1 of this Article; other state agencies or individuals with authority shall issue a decision to revoke the Certificate of Registration for Development in accordance with laws on administrative violations.

Article 21. Construction and Installation Activities of Household Solar Power Systems

Households using individual residential houses shall implement construction and installation of rooftop solar power systems for self-generation and self-consumption in accordance with the following regulations:

1. Implement design and installation activities in compliance with laws on construction, fire prevention and fighting, environmental protection, and the capacity notified to the relevant agencies and units as stipulated in Clause 2 of Article 15 of this Decree.

2. Purchase equipment in accordance with the provisions of this Decree and in conformity with applicable standards and technical regulations.

3. In cases where they are connected to the grid, households shall request local power companies to guide the installation and connection work to ensure electrical safety during operation. The power company shall have the responsibility to provide guidance within five working days from the date of receipt of the household's request.

Article 22. Investment and Construction Activities of Organizations and Individuals Not Using Individual Residential Houses

Organizations and individuals shall implement investment, construction, and installation of rooftop solar power systems for self-generation and self-consumption in accordance with the following regulations:

1. Carry out investment and construction activities in compliance with laws on construction, fire prevention and fighting, environmental protection, and the capacity specified in the Certificate of Registration for Development or the capacity notified to the relevant agencies and units as stipulated in Clause 3 of Article 15 of this Decree. In cases of selling excess power, in addition to the provisions herein, organizations and individuals must comply with laws on investment.

2. Purchase equipment in accordance with the provisions of this Decree and in conformity with applicable standards and technical regulations.

3. In cases where they are connected to the grid, organizations and individuals shall request local power companies to guide the installation and connection work to ensure electrical safety during operation. The power company shall have the responsibility to provide guidance within five working days from the date of receipt of the organization or individual's request.

Article 23. Acceptance of investment construction and installation of power sources

1. For households:

a) Conduct acceptance inspection of installation in accordance with laws on construction;

b) Ensure electrical safety, construction safety, and fire prevention before putting the power source into operation and use.

2. For organizations and individuals not using single-family residences:

a) Conduct acceptance inspection of investment and construction in accordance with laws on construction, power, fire prevention and fighting, and environmental protection before putting the power source into operation and use; ensuring the quality of electricity in accordance with regulations;

b) In cases of selling excess power into the national power system, organizations and individuals must complete the procedures for obtaining a power business license, except in cases exempted from such a license according to regulations.

3. The acceptance of the metering system and remote data collection, the local monitoring and control system, and the connection of information with the monitoring and control system of the distribution dispatch level of rooftop solar power systems for self-generation and self-consumption connected to the grid shall be carried out as follows:

a) For power sources with installed capacity less than 100 kW and selling excess power into the grid of the Excess Power Buyer, the power company shall cooperate in accepting the metering system and connecting it to the remote data collection system of the Excess Power Buyer;

b) For power sources with installed capacity of 100 kW or more, the power company shall cooperate in accepting the local monitoring and control system and connecting information to the monitoring and control system of the distribution dispatch level; in cases of selling excess power into the grid of the Excess Power Buyer, the power company shall cooperate in accepting the metering system and connecting it to the remote data collection system of the Excess Power Buyer;

c) For power sources connected to the grid of the Excess Power Buyer if choosing not to sell excess power, there is no need to install and accept the metering system;

d) Within five working days from the date of receipt of the request from organizations or individuals, the power company shall be responsible for organizing cooperation in accepting the contents stipulated in point a and point b of this clause.

Article 24. Implementation of surplus electricity sales

1. Organizations and individuals submitting applications to sell surplus electricity shall include:

a) A letter proposing to sell electricity;

b) A copy of technical documentation, certificate of origin (CO), quality certificate (CQ) of photovoltaic panels, power of the DC-to-AC converter (in kW units), total power of photovoltaic panels (in kWp units), and other constituent equipment;

c) A copy of the Certificate of Registration for Development (if available);

d) A copy of relevant documents as prescribed by specialized laws, including: Completion documents for construction projects under construction laws; acceptance approval documents from competent state agencies regarding construction, environmental protection, fire prevention and fighting.

2. The parties shall conduct technical inspections, install metering devices to measure electricity production, and settle meter readings. Subsequently, the parties sign the electricity purchase and sale contract and energize the self-produced and self-consumed rooftop solar power source; the Buyer of surplus electricity must sign the contract within five working days from the date of receipt of the application documents for selling electricity from the Seller of surplus electricity.

3. The Buyer of surplus electricity and the Seller of surplus electricity shall negotiate and sign the electricity purchase and sale contract according to the main contents specified in Model No. 05 Appendix attached to this Decree.

4. The term of the electricity purchase and sale contract is five years from the date of acceptance of the self-produced and self-consumed rooftop solar power source under Article 23 of this Decree and when the organization or individual selling surplus electricity provides all required documents as stipulated in Clause 1 of this Article. After this period, extension of the contract term or signing a new contract shall be carried out in accordance with the provisions of the law.

Chapter IV:

DEVELOPMENT OF OFFSHORE WIND POWER

Article 25. Preferential Policies and Support for Offshore Wind Power Development

1. Offshore wind power projects shall enjoy mechanisms and policies as prescribed in Clause 3, Article 26 of the Electricity Law if they meet the following conditions:

a) The project has been decided or approved in principle by the competent authority before January 1, 2031;

b) For projects supplying electricity to the national grid, the capacity must belong to the 6,000 MW already approved by the competent authority in the power development plan.

2. Projects specified in Clause 1 of this Article are entitled to the following preferential mechanisms:

a) Exemption from sea area usage fees during the basic construction period but not exceeding three years from the start of construction. Reduction of 50% of sea area usage fees for twelve years after the exemption period of the basic construction period;

b) Exemption from land usage fees and land rental fees during the basic construction period but not exceeding three years from the date of commencement of construction. After the exemption period of the basic construction period, exemptions and reductions in land usage fees and land rental fees shall be implemented in accordance with investment and land laws;

c) The minimum long-term contracted electricity volume is 80% during the principal repayment period of the loan but not exceeding fifteen years for projects selling electricity to the national grid, except where the investor and the electricity buyer have agreed otherwise. This mechanism shall not apply in cases where the project cannot produce the committed minimum output due to reasons from the project itself or due to load demand or technical conditions of the grid that cannot consume the entire output;

d) After the period specified in point a and point c of this clause, the application of preferential mechanisms shall be carried out in accordance with laws at the time of termination of the period.

3. Projects decided or approved in principle by the competent authority after December 31, 2030 shall enjoy preferential mechanisms and policies as prescribed by law at the time of decision or approval of the investment principle.

Article 26. Selection of Survey Units for Offshore Wind Power Projects

1. Survey units for offshore wind power projects as prescribed in point b, Clause 2, Article 27 of the Electricity Law must meet the following conditions and capabilities:

a) Have a clear, appropriate, and feasible plan for conducting surveys to serve the development of offshore wind power projects. The proposed scale of capacity and sea areas for survey must be within the power development plan or the implementation plan of the power development plan that has been approved;

b) Commit to using domestic suppliers' manpower, goods, and services to implement the plan prescribed in point a of this clause on the principle of ensuring competition in price, quality, progress, and availability;

c) Commit not to request reimbursement of expenses in any circumstances;

d) Possess financial capability or cooperate with organizations capable of conducting investigations and surveys according to the plan prescribed in point a of this clause;

đ) Have a written agreement from the Ministry of National Defense, Ministry of Public Security, Ministry of Industry and Trade, and Ministry of Foreign Affairs. In case there is no agreement, the competent authority prescribed in Clause 2 of this Article shall organize meetings with the ministries without agreement and related agencies to decide on the selection of survey units and assign sea areas for survey implementation;

e) Commit to complying with the provisions of Clause 1 and Clause 2 of Article 26 of the Electricity Law and environmental protection laws.

2. Based on the criteria prescribed in Clause 1 of this Article, the Ministry of Agriculture and Rural Development shall review, select, and decide to assign sea areas to survey units for offshore wind power projects in accordance with the law on the sea, marine resources, and island environment.

Article 27. Conducting offshore wind power project surveys

1. Offshore wind power project survey activities must be carried out in the marine area assigned according to Clause 2, Article 26 of this Decree and shall include the following contents:

a) Wind energy survey, including: Wind direction, height for measuring wind speed, wind speed, frequency of wind speed occurrence, wind energy density;

b) Marine topography and seabed geology survey, including: Seabed topography characteristics, depth contours, seabed sediment layers; sampling and analyzing seabed geology, preliminary evaluation of seabed foundation conditions for wind turbine construction;

c) Oceanographic survey, including: Climate and weather characteristics, sea wave height, typhoon occurrence frequency, tsunami risk;

d) Marine ecosystem survey, including: Identification of marine and surface sea species representative of the surveyed marine area, migratory patterns of animal species;

đ) Survey of maritime activities and inland waterways in the marine area;

e) Survey of impact on submarine cable routes, oil and gas activities, oil and gas facilities, and operating oil and gas blocks/mines;

g) Other conditions that may affect the project;

2. Preparing documentation and reviewing the survey results report, including:

a) Information about the surveyed marine area; number of samples, sample locations, survey frequency, survey time; survey methods, equipment, and means;

b) Survey results, analysis, and assessment of the contents stipulated in Clause 1 of this Article;

c) Original data, information, and samples collected on-site;

d) The survey entity is responsible for selecting competent organizations to review the survey results;

3. Submission and use of survey results:

a) Within sixty days from the end of the survey activities, the survey entity shall submit one set of paper documentation and one set of electronic documentation (including: monitoring and measurement data, sample analysis results except classified materials if applicable) detailing the survey results report to the Ministry of Industry and Trade and the Ministry of Agriculture and Rural Development for management and oversight;

b) Offshore wind power project survey results shall serve as the basis for developing national power development plans and projects. The survey entity may use the survey results to develop projects it invests in or to form joint ventures or partnerships to develop projects in accordance with the law;

4. State-owned enterprises holding 100% of the charter capital entrusted by the Prime Minister to carry out survey tasks under point a, Clause 2, Article 27 of the Electricity Law shall be responsible for establishing economic and technical norms, survey unit prices to be submitted for approval by the competent authority. The Ministry of Agriculture and Rural Development shall take the lead and coordinate with the Ministry of Construction and relevant agencies to approve and announce economic and technical norms, survey unit prices; 5. Survey area and use of marine areas:

a) The maximum marine area used for offshore wind power survey is 20 hectares per 1 MW;

b) The maximum marine area used for implementing offshore wind power projects is 5 hectares per 1 MW;

c) Based on the development conditions of wind power technology at each period, the Ministry of Industry and Trade shall report to the Government to adjust the marine area usage specified in points a and b of this clause;

6. Accessing, referencing, exploiting, and using survey information and data:

a) Except for state secrets as prescribed, the survey entity is permitted to share or provide data to organizations or individuals who are investors participating in bidding to select investors or selected project sponsors according to regulations;

b) The survey entity can only implement the provisions of point a of this clause after obtaining a written agreement from the Ministries of National Defense, Public Security, Foreign Affairs, Industry and Trade, and Agriculture and Rural Development;

c) The survey entity shall not sell information, data, or survey results to other organizations or individuals;

d) The party receiving survey information and data from the survey entity must commit in writing, bear responsibility under the law, and can only use it for project development purposes;

đ) The survey entity is responsible for preparing a handover record of information and data, confidentiality commitment, and retaining the handover record with the receiving party in accordance with the law.

đ) The unit conducting the survey shall be responsible for preparing the handover record of information and data, committing to confidentiality of the information, and retaining the handover record with the receiving party in accordance with the provisions of the law.

Article 28. Conditions for investors to implement offshore wind power projects

1. Foreign investors and economic organizations with foreign investment capital as stipulated in Clause 1, Article 23 of the Investment Law implementing, participating in investment, participating in bidding to select investors for offshore wind power projects must meet the following conditions:

a) Having experience in investing in at least 01 offshore wind power project operated and exploited in Vietnam or other countries worldwide, including direct investment or contributing investment capital meeting the ratio specified in point b of this clause or performing activities such as project management, design, construction. In cases where multiple investors form a consortium, the experience condition is calculated based on the total experience of the consortium members;

b) Having financial capacity, the portion of capital in the project accounting for at least 15% of the total estimated investment cost of the project and the ownership capital ratio on the contributed capital participating in the project being at least 20%;

c) The participation of domestic enterprises holding a total shareholding ratio or the total number of voting shares in the economic organization implementing the project being at least 5%, including state-owned enterprises or enterprises held by the State with 100% of the registered capital holding more than 50% of the registered capital or the total number of voting shares;

d) Written agreement from the Ministry of National Defense, the Ministry of Public Security, and the Ministry of Foreign Affairs. In cases where investors submit proposals for approval of investment projects, the competent authority organizing the assessment of the proposal for approval of the investment orientation bears the responsibility to seek opinions during the assessment process. In other cases, the competent authority organizing the selection of investors bears the responsibility to seek opinions before implementing the investor selection procedures;

đ) Commitment to using human resources, goods, and services from domestic suppliers during the implementation of investment, construction, and operation of the project on the principle of ensuring competition in terms of price, quality, progress, and availability;

2. Domestic investors include individuals with Vietnamese nationality and economic organizations established and operating according to Vietnamese law, except for those economic organizations specified in Clause 1 of this Article, must meet the following conditions when implementing, participating in investment, and participating in bidding to select investors for offshore wind power projects:

a) Having financial capacity, the portion of capital in the project being at least 5% of the total estimated investment cost of the project and the ownership capital ratio on the contributed capital participating in the project being at least 20%;

b) Having experience in investing in at least 01 energy project operated and exploited in Vietnam or other countries worldwide, including direct investment or contributing investment capital meeting the ratio specified in point a of this clause or performing activities such as project management, design, construction. In cases where multiple investors form a consortium, the experience condition is calculated based on the total experience of the consortium members;

Article 29. Selection of investors to implement offshore wind power projects

1. For offshore wind power projects selling electricity to the national grid, excluding projects approved by the Prime Minister for both investment orientation and investor selection as stipulated in Article 30 of this Decree, the selection of investors for business electricity projects shall be carried out in accordance with laws on investment, bidding, and electricity, and the following provisions: a) The ceiling price of electricity in the tender document shall not exceed the maximum price of the pricing framework for offshore wind power generation issued by the Minister of Industry and Trade in the year of bidding; the bid-winning price of electricity selected by the investor is the maximum price for the electricity buyer to negotiate with the winning bidder;

b) The Vietnam Electricity Corporation has the responsibility to purchase electricity according to the requirements of the competent authority or the authority deciding to organize the bidding;

2. Negotiation and conclusion of power purchase contracts with the winning bidder for projects stipulated in Clause 1 of this Article shall be carried out as follows:

a) Within 24 months from the date of signing the business investment project contract, the winning bidder must approve the feasibility study report for the construction project;

b) Within 30 months from the date of signing the business investment project contract, the electricity buyer and the investor must have the responsibility and obligation to negotiate and decide on the contract price to conclude the power purchase contract to ensure the project's implementation schedule according to the power development plan and ensure power supply security;

3. For offshore wind power projects producing electricity for export without going through the national grid, the selection of investors shall be carried out in accordance with laws on investment, bidding, and electricity, and the following provisions:

a) The project must be implemented entirely by domestic investors as stipulated in Clause 2 of Article 28 of this Decree or participate in contributing capital with a shareholding ratio in the economic organization implementing the project exceeding 50%;

b) The export price of electricity shall not be lower than the maximum price of the pricing framework for offshore wind power generation issued by the Minister of Industry and Trade in the year of bidding;

c) The conclusion of the investment business project contract shall be carried out in accordance with laws on bidding, while the signing of the power purchase contract shall be agreed upon by the parties but shall not contravene Vietnamese laws;

4. The tender documents for selecting investors to implement offshore wind power projects shall include documents prepared in accordance with laws on bidding and electricity, and the following contents:

a) Information about the electricity buyer;

b) Preliminary feasibility study report of the project;

c) Draft power purchase contract proposed by the electricity buyer and agreed upon with the authority deciding to organize the bidding or the purchase and sale contract with foreign countries for offshore wind power projects producing electricity for export;

d) Mechanisms and preferential policies as stipulated in Clause 2 of Article 25 of this Decree;

đ) Requirements for documents proving the ability to meet the conditions of investors as prescribed by law.

đ) Requirements for documents proving the investor's ability to meet the conditions as prescribed by law;

e) Requirements for localization rates for important equipment categories, consulting services, and auxiliary services necessary to maintain continuous power supply and ensure national energy security as prescribed by laws on electricity.

5. The state budget shall cover the costs of preparing feasibility study reports conducted by state agencies. The successful bidder shall be responsible for reimbursing these expenses to the state agency that prepared the feasibility study report.

6. The Ministry of Industry and Trade shall be the authority deciding on the tender organization to select investors for offshore wind power projects. The Ministries of National Defense, Public Security, Foreign Affairs, Finance, Agriculture and Rural Development shall be responsible for appointing representatives and cooperating in selecting investors for offshore wind power projects.

Article 30. Cases where the Prime Minister approves both the investment orientation and the investor according to Point a Clause 1 Article 28 of the Electricity Law

1. The Prime Minister shall approve both the investment orientation and the investor for offshore wind power projects in the following cases:

a) A State-owned enterprise with 100% state capital contribution proposes an offshore wind power project to implement itself;

b) A State-owned enterprise with 100% state capital contribution proposes an offshore wind power project to be implemented by a wholly owned subsidiary of this enterprise.

2. In cases requiring compliance with capital and experience conditions, the enterprises specified in Points a and b Clause 1 of this Article may form joint ventures or associations with other investors to implement their first offshore wind power project, but must ensure that they hold more than 50% of the registered capital or total voting shares in the economic entity implementing the project.

Article 31. Management of Offshore Wind Power Projects and Facilities

1. Management of offshore wind power projects and facilities aims to ensure stable, safe, and efficient operation in accordance with approved designs, while ensuring national defense and security.

2. Project and facility management for offshore wind power shall be carried out in accordance with construction laws and the following provisions:

a) The Ministry of Industry and Trade shall manage the investment schedule, safe system operation, and safe electricity of offshore wind power projects, and the implementation of commitments by foreign investors as stipulated in Point d Clause 1 of this Decree;

b) The Ministries of National Defense, Public Security, and Foreign Affairs shall manage activities related to national defense and security, territorial sovereignty of offshore wind power projects;

c) The Ministry of Agriculture and Rural Development shall manage environmental protection and marine resource exploitation activities of offshore wind power projects, and fishing activities affecting offshore wind power projects;

d) The Ministry of Construction shall manage maritime activities related to or impacting offshore wind power projects;

đ) Provincial People's Committees with coastal areas and land-based facilities within offshore wind power projects, and relevant organizations and individuals shall cooperate with state management agencies to implement the management of offshore wind power projects and facilities as stipulated in this clause.

3. Management of offshore wind power projects and facilities must comply with the following principles:

a) Ensuring national defense and security;

b) Ensuring national sovereignty, sovereign rights, jurisdiction over the sea, and legitimate interests of the owners of offshore wind power projects and facilities;

c) Ensuring the security of power supply for projects selling electricity to the national grid;

d) Ensuring stable and continuous operation of projects and facilities;

đ) Ensuring safety zones for wind power facilities and regulations on protecting wind power facilities; ensuring maritime safety, inland waterway transport safety, and safety of other facilities at sea.

4. The state management agencies specified in Clause 2 of this Article shall be responsible for leading and coordinating with relevant parties to handle issues arising under their jurisdiction during the construction and operation of offshore wind power projects and facilities. If issues arise beyond their authority during the handling process, the leading agency shall seek opinions from relevant parties and report to higher authorities for decision-making.

5. Investors and project sponsors of offshore wind power projects shall share information on the use of marine areas, existing infrastructure, and offshore wind power facilities with other parties based on contracts or agreements between the parties, provided that such sharing does not affect power generation activities and complies with Vietnamese law and international practices.

Article 32. Transfer of offshore wind power project, shares, and capital contributions in offshore wind power projects

1. The transfer of offshore wind power projects, shares, and capital contributions in offshore wind power projects must ensure compliance with the provisions set out in Clause 1 of Article 26 of the Electricity Law.

2. The transfer, purchase, and sale of shares and capital contributions, and partial or full project transfers must comply with the provisions of the Investment Law, the Enterprise Law, the Vietnam Sea Law, and related laws.

3. In cases where the activities specified in Clauses 1 and 2 of this Article involve foreign investors or economic organizations with foreign investment capital as stipulated in Clause 1 of Article 23 of the Investment Law, there must be a written agreement from the Ministry of National Defense, the Ministry of Public Security, the Ministry of Foreign Affairs, and the Ministry of Industry and Trade, and the following requirements must be met:

a) In cases where the project has not yet commenced operation, the transferee investor must meet the provisions set out in Clause 1 of Article 28 of this Decree;

b) Except for the case specified in point a of this clause, the transferee investor must meet the provisions set out in points c and đ of Clause 1 of Article 28 of this Decree, while ensuring that the equity ratio in the project's capital contribution is at least 20%;

c) An investor who is a state-owned enterprise holding 100% of the charter capital or a subsidiary of such an enterprise has the right to prioritize purchasing part or all of the rights in the cooperation agreement signed to develop offshore wind power projects that the investor intends to transfer, and can only transfer if a Vietnamese investor refuses to accept the transfer.

Chapter V:

IMPLEMENTATION

Article 33. Responsibilities of Ministries and Sectors

1. The Ministry of Industry and Trade is responsible for leading and coordinating with relevant agencies and organizations to implement:

a) Guidance and monitoring of organizations and individuals in implementing this Decree;

b) Periodic summary and evaluation of the results of implementing this Decree, and reporting to the Government for review and appropriate amendment based on practical experience;

c) Directing the system operator and electricity market to publish the average electricity price of the previous year in January each year as the basis for purchasing surplus electricity from self-generated and self-consumed power sources.

2. Ministries and ministerial-level agencies within their respective functions and powers shall manage the development of renewable energy and new energy electricity.

Article 34. Responsibilities of the Provincial People's Committee

1. Organizing the implementation, inspection, and supervision of the enforcement of this Decree at the local level.

2. Entrusting the Department of Industry and Trade to lead and coordinate with relevant agencies and units to inspect compliance with safety, fire prevention and firefighting, and environmental protection regulations during the registration, installation, and operation of self-generated and self-consumed rooftop solar power systems; handling violations according to their authority and legal provisions; summarizing and reporting the situation of developing self-generated and self-consumed power sources not connected to the national grid as stipulated in point a of Clause 1 of Article 12 of this Decree.

3. Entrusting the Department of Industry and Trade to cooperate with provincial power companies to review, update, and publicly announce information about:

a) The total capacity of self-generated and self-consumed rooftop solar power systems connected to the national grid distributed according to the power development plan and the implementation plan of the power development plan;

b) The total capacity that has been granted registration certificates immediately after changes occur;

c) The total undeveloped capacity;

d) Registration certificates issued to organizations and individuals on the Department of Industry and Trade’s electronic portal;

đ) Reporting to the Ministry of Industry and Trade on the situation of developing self-generated and self-consumed rooftop solar power systems in the locality before January 15th of the previous year according to Model No. 06 attached to this Decree.

Article 35. Responsibilities of Vietnam Electricity Corporation

1. Implement the requirements of local state management agencies in compiling, statistics, and reporting on the development situation of self-generated and self-consumed power sources according to the national electricity development plan that has been approved.

2. Coordinate with state management agencies in inspecting and recommending measures to handle the development activities of self-generated and self-consumed power sources that do not comply with the law and affect the operation of the national power system.

3. Organize the evaluation of self-generated and self-consumed power sources that feed excess power into the national power system to ensure safe grid operation within its jurisdiction.

4. Organize monitoring of self-generated and self-consumed power sources connected to the national power system, ensuring absolute safety during operation for grids under its jurisdiction. It is responsible for organizing the monitoring of the operation of electronic meters and systems connected to remote data collection systems of self-generated and self-consumed rooftop solar power sources connected to the national power system.

5. Be responsible for managing, monitoring, guiding, and post-inspection of provincial electricity units in developing self-generated and self-consumed power sources of entities selling excess power production.

6. Guide subsidiary units to purchase excess power production in accordance with this Decree.

7. Before December 15 each year, announce the PVout coefficient specified in Clause 2, Article 14 of this Decree to serve the calculation of power generation at the output of rooftop solar power sources for the following year.

Article 36. Responsibilities and Obligations of Power Companies, Power Corporations

1. Implement the development of renewable energy and new energy in accordance with this Decree and relevant laws.

2. Implement the development of rooftop solar power self-generated and self-consumed as follows:

a) Implement the requirements of local state management agencies in compiling, statistics, and reporting on the development situation of power sources within their management scope;

b) Coordinate with state management agencies in inspecting and recommending measures to handle the development activities of power sources that do not comply with the law and affect the operation of the national power system;

c) Monitor power sources connected to the national power system, ensuring absolute safety during operation for grids under their jurisdiction. They are responsible for monitoring the operation of electronic meters and systems connected to remote data collection systems of self-generated and self-consumed rooftop solar power sources connected to the national power system. In case of abnormal electricity usage by customers, notify the Department of Industry and Trade for inspection and handling in accordance with regulations;

d) Organize the evaluation of power sources in cases where excess power is fed into the national power system to ensure safe grid operation within their jurisdiction;

đ) Support and advise organizations and individuals to conduct initial inspections when connecting, during installation, and during operation of power sources connected to the national power system;

e) Develop plans and solutions to implement monitoring and control in digital transformation form for power sources when there is no load usage on Saturdays, Sundays, or public holidays to ensure safe operation of the power system;

g) Monitor, guide, and post-inspect organizations and individuals developing power sources selling excess power within the managed grid.

3. Have the right to refuse to purchase excess power from households generating small-scale rooftop self-generated and self-consumed power sources with capacity less than 100 kW if purchasing such power causes overloading of low-voltage and medium-voltage grids in the area.

Article 37. Responsibilities and Obligations of Organizations and Individuals Developing Power Sources

1. Implement the development of renewable energy and new energy electricity in accordance with this Decree and relevant laws.

2. Implement the development of rooftop solar power self-generated and self-consumed as follows:

a) Comply with the provisions of this Decree, cooperate with power units to ensure safe operation of the national electricity system. Send information to the Department of Industry and Trade after completing construction, installation, and putting the power source into operation;

b) Comply with dispatch orders of system dispatch levels as stipulated in Clause 5, Article 10 of this Decree; comply with standards, technical regulations, and legal provisions on electricity quality, connection and sharing of information as prescribed by laws on electricity;

c) Organizations and individuals installing power sources and selling excess electricity to the buyer's grid shall be responsible for investing, installing, setting up metering devices, remote data transmission equipment at the point of electricity delivery and connecting compatibly with the remote data collection system of the power unit, except where there is a different agreement with the power unit;

d) For power sources connected to the grid with a capacity of 100 kW or more must be equipped with connection devices compatible with the distribution system control monitoring system, ensuring safe and stable operation of the equipment, and bear responsibility for information security safety in accordance with the law;

đ) Collect, dismantle, and be responsible for handling all materials, equipment, and waste generated during the construction, operation, or when ceasing operation of the power source in accordance with environmental protection laws;

e) Be responsible for investing, installing, and operating the power source in compliance with legal provisions on electricity, investment, construction, and taxation; provisions on electrical safety, fire prevention and explosion protection during construction, environmental protection, safety in power generation and electricity use; technical standards, legal provisions on electricity quality and product quality of the power source according to technical standards; provisions on electricity purchase and sale contracts, and other relevant legal provisions;

g) Have the obligation to cooperate with the Department of Industry and Trade and power units to comply with the allocated capacity scale at the local level according to the power development plan and implementation plan of the power development plan when developing power sources;

h) Ensure electrical safety, environmental protection, and fire prevention and extinguishing in accordance with the law when installing solar storage systems;

Article 38. Responsibilities of Units Managing Industrial Zones, Industrial Clusters, Export Processing Zones, High-Tech Zones, and Economic Zones

1. Implement the development of renewable energy and new energy electricity in accordance with this Decree and relevant laws.

2. Implement the development of rooftop solar power self-generated and self-consumed as follows:

a) Not obstruct and create favorable conditions for organizations and individuals to develop rooftop solar power for self-consumption in accordance with the law;

b) Cooperate with power units to evaluate rooftop solar power for self-consumption that feeds excess electricity into the national electricity system to ensure safe operation of the electricity system;

c) Monitor and inspect the development of rooftop solar power for self-consumption within the managed area in accordance with the law;

d) Support and advise organizations and individuals to conduct initial checks when connecting, during installation, and during operation of rooftop solar power for self-consumption connected to the national electricity system;

đ) Be responsible for managing, monitoring, guiding, and conducting post-inspection of organizations and individuals implementing the development of rooftop solar power for self-consumption within the scope of the managed grid in accordance with this Decree;

3. Organizations and individuals buying and retailing electricity have the responsibility to record the surplus electricity from renewable energy sources for self-generation and self-consumption fed into the grid within their management scope and pay tax on the sold quantity after deducting grid losses;

2. Circular No. 47/2016/TT-BCA dated November 14, 2016, issued by the Minister of Public Security on the registration and inspection of civilian watercraft (hereinafter referred to as Circular No. 47/2016/TT-BCA), shall cease to be effective from the date this Circular comes into force.

1. Organizations and individuals owning rooftop solar power before January 1, 2021, and currently trading electricity with power units are not allowed to develop additional power sources increasing the capacity already contracted under the contract;

2. For rooftop solar power developed from January 1, 2021, to the date this Decree takes effect without having completed procedures as prescribed in Government Decree No. 135/2024/NĐ-CP dated October 22, 2024 on mechanisms and policies encouraging the development of rooftop solar power for self-generation and self-consumption, they shall follow the provisions of this Decree;

3. Applications for developing rooftop solar power for self-generation and self-consumption with requests to sell surplus electricity received before the effective date of this Decree shall continue to be processed in accordance with Government Decree No. 135/2024/NĐ-CP;

4. Organizations and individuals who have been assigned sea areas by competent authorities to carry out offshore wind power development activities before the effective date of this Decree shall continue to implement surveys according to the decision assigning sea areas by competent state agencies;

Article 40. Provisions on Implementation

1. This Decree takes effect from the date of issuance.

2. Government Decree No. 135/2024/NĐ-CP dated October 22, 2024 on mechanisms and policies encouraging the development of rooftop solar power for self-generation and self-consumption shall cease to be effective from the date this Decree takes effect;

3. In cases where legal normative documents cited for application in this Decree are amended, supplemented, or replaced by new legal normative documents, they shall be applied according to the new documents;

4. During the implementation process, if there are difficulties or obstacles, organizations and individuals are advised to report to the Ministry of Industry and Trade for research and advisory recommendations to the Government to amend and supplement appropriately.