Signers of domestic power purchase agreement in Vietnam

Signers of domestic power purchase agreement in Vietnam
Lê Trương Quốc Đạt

On August 31, 2023, the Minister of Industry and Trade of Vietnam issued Circular 16/2023/TT-BCT guiding power purchase agreement serving domestic purposes.

Signers of domestic power purchase agreement in Vietnam

Signers of domestic power purchase agreement in Vietnam are stipulated as follows:

- The electricity purchaser must have active legal capacity as per the law, have a request for electricity purchase and residence information of the household where the electricity is purchased or supporting documents of ownership, management and use of place where the electricity is purchased and submitting application for purchase of electricity for daily living of the purchaser in paper or electronic form, containing; Application form for electricity purchase and one of the following documents:

+ Citizen identity card, identification card, certification of residence information, notice of personal identification number and citizen information in the National Population Database of the representative of the electricity purchaser. At a place where electricity purchase is registered, the household purchaser can only sign 01 Contract.

+ In case the household's residence information is not used at the electricity purchase location, the electricity purchaser shall provide a copy of one of the following documents: Certificate of house ownership; certificate of land use right (on land with houses); house division decision; house sales contract; house lease contract with a term of 01 year or more or other documents proving the ownership, management and use of the electricity purchase location with a term of 01 year or more to register for electricity purchase and only sign 01 Contract

- If the Buyer consists of multiple households sharing electricity under 1 agreement, signers shall be representatives of these households who are authorized by the households in writing.

Sharing households must have active legal capacity as per the law, have a request for electricity purchase and residence information of the household where the electricity is purchased or supporting documents of ownership, management and use of place where the electricity is purchased.

The PPA shall specify number of sharing households (with attached lists) and applicable electrify price according to regulations promulgated by the Ministry of Industry and Trade.

- If the Buyer is a tenant, signers of the Buyer shall be identified in accordance with regulations on electricity retail price promulgated by the Ministry of Industry and Trade.

- Signers of the Seller shall be legal representatives or individuals authorized by the Seller and in possession of distribution grids capable of supplying electricity in a manner that fulfills demand of the Buyer.

More details can be found in Circular 16/2023/TT-BCT taking effect on October 16, 2023.

Circular 19/2014/TT-BCT and Circular 38/2022/TT-BCT expire from October 16, 2023.

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