1 1
1111111111111111

CIRCULAR No. 02/2019/TT-BCT ON WIND POWER PROJECT DEVELOPMENT AND POWER PURCHASE AGREEMENT FOR PROJECTS 1

Posted at: SATurday - 14/08/2021 22:21 - Viewed: 108

MINISTRY OF INDUSTRY AND TRADE
--------

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
---------------

No. 02/2019/TT-BCT

Hanoi, January 15, 2019

 

CIRCULAR

ON WIND POWER PROJECT DEVELOPMENT AND POWER PURCHASE AGREEMENT FOR PROJECTS THEREOF

Pursuant to the Electricity Law No. 28/2004/QH11 dated December 03, 2004; Law on amending some articles of the Electricity Law dated November 20, 2012;

Pursuant to the Government's Decree No. 98/2017/ND-CP dated August 18, 2017 on defining functions, tasks, powers and organizational structures of the Ministry of Industry and Trade;

Pursuant to the Decision No. 37/2011/QD-TTg dated June 29, 2011 of the Prime Minister on the mechanism for supporting the development of wind power projects in Vietnam and the Decision No. 39/2018/QD-TTg dated September 10, 2018 of the Prime Minister on amending some articles of the Decision No. 37/2011/QD-TTg;

At the request of the Director General of the Electricity and Renewable Energy Authority,

Minister of Industry and Trade promulgates the Circular on wind power project development and power purchase agreement for projects thereof.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Circular specifies the wind power project development and power purchase agreement for wind power projects in Vietnam (hereinafter referred to as “Power purchase agreement”).

2. This Circular is applicable to the following entities:

a. Investor of the wind power project;

b. Unit managing and operating wind power works;

c. Power buyer;

d. Other related organizations and individuals.

Article 2. Definitions

In this Circular, the following terms are construed as follows:

1. Power buyer means Vietnam Electricity Corporation or its authorized - affiliated units or organizations receiving rights and obligations from Vietnam Electricity Corporation according to the law regulations.

2. Power seller means an enterprise that produces, operates and trades electricity power from wind power plants or an organization receiving rights and obligations to produce, operate and trade electricity power of the enterprise as specified in the law.

3. Comprehensive complex of wind turbine includes the electric generator, single throw switch, blades, tower, synchro transformer, connection lines, and other equipment and construction compositions that using wind power to produce electricity. The base of the tower, electrical substation, cable channel and related construction works are not classified as comprehensive complex of wind turbine.

4. Onshore wind turbine means a turbine of which the center of the base is built on land and in a coastal area where the boundary from the sea water's edge to the inside of the area is at the lowest for multiple years. The sea water's edge at the lowest for multiple years is determined and promulgated in the Government's Decree No. 40/2016/ND-CP dated May 15, 2016 on providing guidelines for the implementation of some articles of the Law on Sea and Island Natural Resources and Environment or regulations on amending the Law thereof.

5. Offshore wind turbine means a turbine of which the center of the base is built outside the sea water's edge which is at the lowest during the offshore years. The lowest sea water's edge in multiple years shall be determined and announced in accordance with clause 4 of this Article.

6. Land area for survey, study and investment in wind power projects means a restricted area within the geographical boundary specified in the approval document of the People's Committee of province or central-affiliated city. Such document permits the investor to carry out survey, research and evaluation of the wind power potential, in order to plan the wind power investment project within a permitted period of time. This area shall only be used for survey and research activities, such as building wind measurement tower and conducting geology and topography survey.

7. Land area for use with term of wind power projects means the total area of the base of wind turbine, including both the base protection area and the area for installing synchronous equipment at the base of the wind power pole; underground cables that connect with the wind power, base of the utility poles, electrical substations; area for building internal road system and management agency. Land area for use with term shall be handed to the project investor for the whole project’s life time by the competent agency.

8. Land area of temporary use of wind power projects means the area which the investor may temporarily use for carrying out the wind power project, including: roads temporarily used for serving construction, material and equipment gathering sites, construction sites, and makeshift camps for workers and other auxiliary locations. After constructing the works and bring them into operation, the land area which is temporarily used and is not included in the land area for use with term will be reclaimed by the competent agency for other use purposes.

9. Safety corridor of wind power project means the safety corridor of the wind tower, power transmission lines, substations and auxiliary items.

10. Safety corridor of wind power tower has the shape of a semicircle whose center is the center of the base of wind tower, the radius equals (=) the height of the tower plus (+) the radius of the rotor.

11. IEC standards mean electrical standards issued by international electrotechnical commission.

Download the circular here


Source: MOIT