Guidelines for surveying offshore wind power projects under the Law on Electricity 2024 in Vietnam

Guidelines for surveying offshore wind power projects under the Law on Electricity 2024 in Vietnam​ (Image from the Internet)

On November 30, 2024, the National Assembly of Vietnam passed the Law on Electricity 2024.

Guidelines for surveying offshore wind power projects under the Law on Electricity 2024 in Vietnam

As stipulated in Article 27 of the Law on Electricity 2024, the survey for offshore wind power projects in Vietnam is conducted as follows:

- The survey of offshore wind power projects is carried out in accordance with the laws on the sea, laws on marine resources and environment, construction laws, and international treaties to which the Socialist Republic of Vietnam is a party, and international customary practices.

- The selection of a unit to conduct the offshore wind power project survey before choosing the project investor is regulated as follows:

+ The Prime Minister of Vietnam assigns a state-owned enterprise holding 100% of the charter capital to carry it out;

+ Based on the socio-economic development conditions in each period, the Government of Vietnam stipulates the selection of units to conduct the offshore wind power project survey, except as specified in point a, clause 2, Article 27 of the Law on Electricity 2024.

- The handling of survey costs for enterprises specified in point a, clause 2, Article 27 of the Law on Electricity 2024 is executed as follows:

+ Survey costs in the case specified in point a, clause 2, Article 27, are arranged by the enterprise with 100% state-owned charter capital; this enterprise can contribute capital to invest in the project at the area assigned by the Prime Minister of the Government of Vietnam to conduct the survey;

+ If the provision specified at point a, clause 3, Article 27 is not carried out, the selected investor to implement the project is responsible for reimbursing the survey costs to the enterprise specified in point a, clause 2, Article 27.

- Management, exploitation, use of specimens, documents, information, data, and survey results of offshore wind power projects are regulated as follows:

+ State agencies, state enterprises that conduct the survey manage the specimens, documents, information, data, and survey results of offshore wind power projects conducted by them; other organizations that conduct surveys must submit approved specimens, documents, information, data, and survey results of offshore wind power projects to the state management agency on marine resources and environment for management;

+ Organizations and individuals accessing, referring, exploiting, and using the specimens, documents, information, data, and survey results of offshore wind power projects must maintain confidentiality in accordance with the provisions of the law and agreements between the parties.

- the Government of Vietnam specifies in detail clause 4, Article 27 of the Law on Electricity 2024 and the survey contents, the cost-handling mechanism, the conditions, and capabilities of the survey unit; stipulates the assignment of responsibilities to define economic-technical norms, survey unit prices, verify survey results, survey area and marine area use, and payment for the costs of preparing the pre-feasibility study report for the project construction investment.

Refer to the Law on Electricity 2024 taking effect from February 01, 2025.

The Electricity Law 2004 (amended in 2012) will cease to be effective from the date the Law on Electricity 2024 comes into force, except as specified in clauses 1, 2, 3, and 4 of Article 81 of the Law on Electricity 2024.

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