New regulations on dismantling of structures in renewable energy and new energy projects in Vietnam from February 1, 2025

New regulations on dismantling of structures in renewable energy and new energy projects in Vietnam from February 1, 2025​ (Image from the Internet)

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

New regulations on dismantling of structures in renewable energy and new energy projects in Vietnam from February 1, 2025

According to Article 25 of the Electricity Law 2024, the demolition of structures under renewable energy and new energy power projects is carried out as follows:

- Structures under renewable energy and new energy power projects must be dismantled after ceasing operations in the following cases:

+ When the usage term expires according to construction law if it is not extended under construction law;

+ When the operation term ends according to investment law or the project’s operational term ends but is not extended;

+ When there is a difference in the term specified in points a and b of clause 1, Article 25 of the Electricity Law 2024, dismantling after cessation of operation is conducted according to the condition that occurs first.

- The demolition of solar power plants and wind power plants after ceasing operations is regulated as follows:

+ The owners of solar power plants and wind power plants must undertake the demolition of the plants as specified in clause 1, Article 25 of the Electricity Law 2024; all dismantling costs are the responsibility of the owner;

+ The dismantling, retrieval, handling, and management of waste, materials, and scrap must comply with environmental protection law and other relevant laws, and must restore the site and environment after dismantling the plant;

+ From the cessation of operations point specified in clause 1, Article 25 of the Electricity Law 2024, the owner is responsible to complete the dismantling within the timeframe as regulated by the Government of Vietnam.

- In cases not covered by clause 1 and clause 2, Article 25 of the Electricity Law 2024, the demolition of structures under new energy and renewable energy power projects is conducted according to other relevant legal regulations.

Guidance on renovation, repair, and replacement of equipment for renewable energy and new energy power plants in Vietnam from February 1, 2025

The renovation, repair, and replacement of equipment for renewable energy and new energy power plants are performed according to Article 24 of the Electricity Law 2024 as follows:

- During the operation of the power plant according to the approved design, in line with the operational term of the renewable energy and new energy power project, different equipment can be renovated, repaired, or replaced as compared to the technical specifications being operated to ensure safe and efficient operation, complying with the law and not increasing land or sea area usage.

- The power output into the national power system of projects in clause 1, Article 24 of the Electricity Law 2024 must not exceed the power stated in the project's legal documents as follows:

+ Approval letter or investment policy decision or Investment Registration Certificate;

+ Electricity operation license.

See more Electricity Law 2024, effective from February 1, 2025.

The Electricity Law 2004 (amended in 2012) becomes ineffective from the date the Electricity Law 2024 takes effect, except for cases specified in clauses 1, 2, 3, and 4, Article 81 of the Electricity Law 2024.

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