Circular No. 79/2025/TT-BNNMT details the procedures and formalities for state-owned enterprises with 100% state capital to conduct offshore wind power project surveys before selecting investors.

CIRCULAR

REGULATIONS ON PROCEDURES AND FORMALITIES FOR ASSIGNING STATE-OWNED ENTERPRISES WITH 100% CAPITAL TO CONDUCT OFFSHORE WIND ENERGY PROJECT SURVEYS PRIOR TO SELECTING INVESTORS

Pursuant to Law on Electricity No. 61/2024/QH15;

Pursuant to Law on Vietnam's Sea No. 18/2012/QH13;

Pursuant to Law on Marine Resources, Environment, and Islands No. 82/2015/QH13;

Pursuant to Decree No. 58/2025/NĐ-CP dated March 3, 2025 of the Government detailing certain provisions of the Law on Electricity regarding the development of renewable energy and new energy;

Pursuant to Decree No. 146/2025/NĐ-CP dated June 12, 2025 of the Government on decentralization and delegation of authority in industry and trade;

Pursuant to Decree No. 35/2025/NĐ-CP dated February 25, 2025 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

At the proposal of the Director of the Vietnam Marine and Island Administration;

The Minister of Agriculture and Rural Development issues the Circular detailing the procedures and formalities for transferring state-owned enterprises with 100% state capital to conduct offshore wind power project surveys before selecting investors.

Article 1. Scope of Regulation

This Circular stipulates the application dossier for state-owned enterprises with 100% state capital to conduct offshore wind power project surveys (hereinafter referred to as state-owned enterprises with 100% state capital); the procedures and formalities for transferring state-owned enterprises with 100% state capital to conduct offshore wind power project surveys before selecting investors as prescribed in Clause 2 and Clause 5 Article 40 of Decree No. 146/2025/NĐ-CP dated June 12, 2025 of the Government.

Article 2. Applicability

This Circular applies to state-owned enterprises with 100% state capital conducting offshore wind power project surveys before selecting investors; relevant agencies, organizations, and individuals involved in transferring state-owned enterprises with 100% state capital to conduct offshore wind power project surveys before selecting investors.

Article 3. Application Dossier for Assigning State-Owned Enterprises with 100% Capital to Conduct Offshore Wind Energy Project Surveys

1. The application dossier for assigning state-owned enterprises with 100% capital to conduct offshore wind energy project surveys includes:

a) Request form for conducting offshore wind energy project surveys prior to selecting investors according to Model No. 01 issued together with this Circular;

b) Copy of documents proving the status of state-owned enterprises with 100% capital;

c) Detailed report on conducting offshore wind energy project surveys prior to selecting investors, including contents as prescribed in Clause 2 of this Article.

2. Contents of the detailed report on conducting offshore wind energy project surveys prior to selecting investors:

a) Name of the offshore wind power development area; name and capacity scale of the proposed offshore wind power project to be surveyed; survey objectives and information/data collection needs to serve the development of offshore wind power projects;

b) Location, scope, and area of the proposed marine zone for survey, including: description of the area, location diagram, corner points list according to the Reference System and National Coordinate System VN-2000;

c) Specific content of survey activities as prescribed in Clause 1 Article 27 of Decree No. 58/2025/NĐ-CP dated March 3, 2025 of the Government detailing certain provisions of the Law on Electricity regarding the development of renewable energy and new energy;

d) Survey methods; preliminary content and schedule for specific survey activities; estimated number of samples, locations, frequency, and duration of surveys;

đ) Estimated resources for implementation, including: human resources, equipment, means, and survey technology;

e) Estimated time for conducting surveys, including: total time, progress of each phase, and corresponding time for specific activities;

g) Funding sources and funding allocation plan for conducting surveys;

h) Preliminary assessment of the impact of survey activities on national defense, security, environmental protection, maritime transportation, aquaculture, fishing, and other activities at sea;

i) Environmental protection measures, safety assurance, accident prevention; coordination activities with functional forces, relevant agencies, units, organizations, and coastal localities;

k) Management, confidentiality, provision of information, data, and survey results to government agencies;

l) Commitment to comply with laws, not occupying marine areas;

m) Other related contents.

3. In cases where state-owned enterprises with 100% state capital submit the application dossier for transferring to conduct offshore wind power project surveys simultaneously with the application dossier for transferring sea areas, state-owned enterprises with 100% state capital only need to submit the dossier components prescribed in point a and point b of Clause 1 of this Article together with the application dossier for transferring sea areas in accordance with the laws on transferring sea areas.

Article 4. Procedure and formalities for handling applications to conduct offshore wind power project surveys submitted by state-owned enterprises with 100% state capital

1. Submission, acceptance, and transfer of application files:

a) State-owned enterprises with 100% state capital submit one set of application files in accordance with Article 3 of this Circular to the Ministry of Agriculture and Rural Development; b) The method of submitting application files and the process of accepting such files shall be carried out in accordance with Article 15 and Article 17 of Decree No. 118/2025/NĐ-CP dated June 9, 2025 of the Government on implementing administrative procedures under the one-stop shop mechanism at the One-Stop Shop Office and the National Public Service Portal;

c) Immediately after the application files have been fully and properly accepted, staff at the One-Stop Shop Office will transfer the files to the Vietnam Marine and Island Administration. Article 15 and Article 17 of Decree No. 118/2025/NĐ-CP dated June 9, 2025 of the Government on implementing administrative procedures under the one-stop shop mechanism and the interconnected one-stop shop mechanism at the One-Stop Service Center and the National Public Service Portal;

The processing time for the application files starts from the date when the files are fully and properly accepted and recorded on the Application Receipt and Result Delivery Notice.

2. Examination of application files: Article 18 of Decree No. 118/2025/NĐ-CP dated June 9, 2025 of the Government on implementing administrative procedures under the one-stop shop mechanism and the interconnected one-stop shop mechanism at the One-Stop Service Center and the National Public Service Portal.

b) In cases where the application files are found to be incomplete upon examination, the Vietnam Marine and Island Administration returns the files to the One-Stop Shop Office along with a written notification on the information system for administrative procedure handling. The notification specifies the reasons and contents that need to be supplemented according to the Sample Form for Requesting Supplemental and Completion of Application Files to be sent to organizations and individuals. The processing time will be recalculated from the date all necessary files are received;

c) Fifteen days after the notification, if the state-owned enterprise with 100% state capital has not completed the supplementation of the files, staff at the One-Stop Shop Office will close the file on the information system for administrative procedure handling.

a) The Vietnam Marine and Island Administration reviews and examines the application dossier for transferring to conduct offshore wind power project surveys submitted by state-owned enterprises with 100% state capital. The examination period shall not exceed three working days from the date the complete and valid dossier is received;

b) In cases where the dossier does not meet the conditions for resolution after examination, the Vietnam Marine and Island Administration returns the dossier to the One-Stop Service Center along with a written notification on the administrative procedure resolution system. The written notification clearly states the reasons and contents that need to be supplemented according to the model of the Supplementary and Completion Request Form to be sent to the organization or individual. The resolution time will be recalculated from the beginning after receiving the complete dossier;

c) After fifteen days from the date of notification, if the state-owned enterprise with 100% state capital fails to complete the dossier supplementation, the staff of the One-Stop Service Center will close the dossier on the administrative procedure resolution information system.

c) In cases where there is no consensus among the Ministry of National Defense, the Ministry of Public Security, the Ministry of Foreign Affairs, the Ministry of Finance, the Ministry of Industry and Trade, and the Ministry of Construction regarding the assignment to conduct offshore wind power project surveys to state-owned enterprises with 100% state capital, within five working days after the end of the opinion solicitation period, the Ministry of Agriculture and Rural Development shall convene a meeting with the agencies without consensus and related agencies to consider and decide on the assignment to conduct offshore wind power project surveys for state-owned enterprises with 100% state capital.

a) Within seven working days from the date the complete and valid dossier is received, the Vietnam Marine and Island Administration advises the Ministry of Agriculture and Rural Development to send the dossier to solicit opinions from the Ministry of Defense, the Ministry of Public Security, the Ministry of Foreign Affairs, the Ministry of Finance, the Ministry of Industry and Trade, the Ministry of Construction, the People's Committee of the province where the proposed survey sea area is located, and other relevant agencies;

b) Within fifteen days from the date of receipt of the opinion solicitation letter from the Ministry of Agriculture and Rural Development accompanied by a complete dossier as prescribed, the agency solicited must provide a written response; in cases where no written response is received within the specified time limit, the Ministry of Agriculture and Rural Development shall proceed in accordance with the provisions of b) In cases where the application files do not meet the conditions for being assigned to conduct offshore wind power project surveys, the Vietnam Marine and Island Administration returns the files to the One-Stop Shop Office along with a written notification on the information system for administrative procedure handling; staff at the One-Stop Shop Office will close the file on the information system for administrative procedure handling;

c) In cases where there is no consensus among the Ministry of Defense, the Ministry of Public Security, the Ministry of Foreign Affairs, the Ministry of Finance, the Ministry of Industry and Trade, and the Ministry of Construction regarding the transfer to state-owned enterprises with 100% state capital to conduct offshore wind power project surveys, within five working days after the end of the opinion solicitation period, the Ministry of Agriculture and Rural Development shall convene a meeting with the agencies without consensus and related agencies to consider and decide on the transfer to state-owned enterprises with 100% state capital to conduct offshore wind power project surveys.

d) In cases where the application files meet the conditions for being assigned to conduct offshore wind power project surveys, within one working day from the date of completing the review of the files, the Vietnam Marine and Island Administration will submit the files to the Minister of Agriculture and Rural Development for consideration and decision on the assignment to conduct offshore wind power project surveys for state-owned enterprises with 100% state capital.

a) Within ten days from the date of receipt of the written opinions of all relevant agencies (including the consensus of the Ministry of Defense, the Ministry of Public Security, the Ministry of Foreign Affairs, the Ministry of Finance, the Ministry of Industry and Trade, and the Ministry of Construction) or within five working days from the date the Ministry of Agriculture and Rural Development convenes a meeting with the agencies without consensus, the Vietnam Marine and Island Administration is responsible for completing the review of the application dossier for transferring to conduct offshore wind power project surveys submitted by state-owned enterprises with 100% state capital. The review results must be documented in writing;

b) In cases where the dossier does not meet the conditions for being transferred to conduct offshore wind power project surveys, the Vietnam Marine and Island Administration returns the dossier to the One-Stop Service Center along with a written notification on the administrative procedure resolution information system; the staff of the One-Stop Service Center will close the dossier on the administrative procedure resolution information system;

c) In cases where the dossier lacks sufficient information for transferring to conduct offshore wind power project surveys, the Vietnam Marine and Island Administration sends a written notice specifying the reasons, contents, and information needed to be supplemented and explained to the state-owned enterprise with 100% state capital. The state-owned enterprise with 100% state capital submits a written supplementary information and explanation to the Vietnam Marine and Island Administration within thirty days from the date the Vietnam Marine and Island Administration sends the written notice (this period is not included in the dossier resolution time). After thirty days, if the state-owned enterprise with 100% state capital fails to complete the dossier supplementation, the staff of the One-Stop Service Center will close the dossier on the administrative procedure resolution information system. The resolution time will be recalculated from the beginning after receiving the complete dossier;

d) In case the dossier meets the conditions for being assigned to conduct offshore wind power project surveys, within no more than 01 working day from the date of completing the dossier review, the Vietnam Marine and Island Administration shall submit to the Minister of Agriculture and Rural Development for consideration and decision on assigning the State-owned enterprise with 100% state capital to conduct the offshore wind power project survey.

5. The Minister of Agriculture and Rural Development shall consider and decide to sign the document assigning the State-owned enterprise with 100% state capital to conduct the offshore wind power project survey within no more than 03 working days from the date of receiving the dossier submitted by the Vietnam Marine and Island Administration.

In case the Minister of Agriculture and Rural Development decides not to assign the State-owned enterprise with 100% state capital to conduct the offshore wind power project survey, the Vietnam Marine and Island Administration shall return the dossier to the One-Stop Service Office along with a written notification stating the reasons on the Administrative Procedure Information System; staff members of the One-Stop Service Office shall complete the dossier closure on the Administrative Procedure Information System.

6. The document assigning a state-owned enterprise with 100% state capital to conduct offshore wind power project surveys shall include the following main information:

a) The name of the state-owned enterprise assigned to conduct the survey;

b) The marine area assigned for survey (location, scope, area, coordinates of corner points);

c) Objectives, contents, scope of survey activities;

d) Survey implementation period;

đ) Obligations to report, provide information, data, and survey results of the state-owned enterprise with 100% state capital;

e) Responsibilities of the state-owned enterprise with 100% state capital during the survey implementation process;

g) Requirements for ensuring national defense and security; maritime safety; environmental protection; accident prevention; responsibility for coordinating with relevant agencies and units;

h) Other related contents.

7. The return of dossiers, results of processing dossers to assign state-owned enterprises with 100% state capital to conduct offshore wind power project surveys and the storage of such dossiers shall be carried out in accordance with the provisions of Article 22 of Decree No. 118/2025/NĐ-CP dated June 9, 2025 of the Government on the implementation of administrative procedures under the one-stop service mechanism at the One-Stop Service Center and the National Public Service Portal. Article 22 of Decree No. 118/2025/NĐ-CP dated June 9, 2025, of the Government on implementing administrative procedures under the one-stop mechanism at the One-Stop Service Office and the National Public Service Portal.

8. In case a State-owned enterprise with 100% state capital submits a dossier requesting assignment to conduct the offshore wind power project survey simultaneously with the dossier requesting assignment of the sea area for conducting the offshore wind power project survey, the examination and handling of the dossier requesting assignment to conduct the offshore wind power project survey of the State-owned enterprise with 100% state capital shall be carried out concurrently with the procedures and formalities for handling the dossier requesting assignment of the sea area.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

1. A State-owned enterprise with 100% state capital that has requested to conduct the offshore wind power project survey after July 1, 2025 but has not yet received a resolution shall continue to be examined and resolved according to the provisions of this Circular.

A State-owned enterprise with 100% state capital that has been assigned by the Ministry of Agriculture and Rural Development to conduct the offshore wind power project survey before the effective date of this Circular shall continue to implement according to the assigned document; any matters arising after the effective date of this Circular shall be implemented according to the provisions of this Circular.

b) Only proceeding to conduct offshore wind power project surveys after being assigned the marine area in accordance with the designated location, scope, and area of the assigned marine area;

c) Implementing the survey methods, contents, and plans accurately; the quantity of samples, positions, frequency, and time of surveys;

d) Being solely responsible for the quality, progress, effectiveness, and safety during the survey implementation process; ensuring national defense and security, maritime safety; protecting the environment, preventing accidents; ensuring maritime traffic safety; not affecting aquaculture, fishing, and other activities at sea;

đ) Being accountable under the law and competent state agencies regarding the allocation and management of funds for conducting offshore wind power project surveys in accordance with legal regulations; ensuring efficient use of funds, achieving objectives, preserving and developing state capital within the enterprise; avoiding loss and waste;

d) Bear responsibility for the quality, progress, effectiveness, and safety during the implementation of the survey; ensure national defense, security, maritime order and safety; protect the environment, prevent accidents; ensure maritime traffic safety; not to affect aquaculture, marine resource exploitation, and other activities at sea;

đ) Be responsible before the law and competent state agencies for the allocation and management of funds for the implementation of the offshore wind power project survey in accordance with the relevant laws; ensure the efficient use of funds, achieve the intended goals, safeguard and develop state capital in the enterprise; avoid loss and waste;

h) Submitting annual reports, final survey reports, and ad hoc reports as required by the Ministry of Agriculture and Rural Development; submitting and providing complete information, data, and survey results, using survey results in accordance with legal regulations.

3. In cases where legal normative documents cited in this Circular are amended, supplemented, or replaced, they shall be implemented in accordance with the newly amended, supplemented, or replaced legal normative documents.

h) Submit annual reports, final survey reports, and ad hoc reports as required by the Ministry of Agriculture and Rural Development; hand over and provide full information, data, and survey results, use the survey results in accordance with the law.

3. In case the legal normative documents cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new legal normative documents that have been amended, supplemented, or replaced.

Article 6. Effectiveness

1. This Circular shall take effect from February 15, 2026 and cease to be effective from March 1, 2027.

In case the Law, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, resolutions of the Government, decisions of the Prime Minister adopted or issued after the effective date of this Circular contain provisions on the authority, responsibilities, procedures, and formalities for assigning State-owned enterprises with 100% state capital to conduct the offshore wind power project survey before selecting investors, the corresponding provisions in this Circular shall become invalid upon the effective date of those legal normative documents.

2. State-owned enterprises with 100% state capital shall conduct the offshore wind power project survey before selecting investors; the Vietnam Marine and Island Administration, provincial Departments of Agriculture and Rural Development; related agencies, organizations, and individuals responsible for assigning State-owned enterprises with 100% state capital to conduct the offshore wind power project survey before selecting investors shall be responsible for implementing this Circular.

During the implementation of this Circular, if there are any difficulties, agencies, organizations, and individuals are requested to promptly report them to the Ministry of Agriculture and Rural Development for consideration and resolution./.