On 15 July 2022, the Government Office issued Notice No. 206/TB-VPCP, stating the Deputy Prime Minister Le Van Thanh's respond to MOIT's Official Letter No. 3787/BCT-DL. Please find our legal alert on Letter 3787: https://blogs.duanemorris.com/vietnam/2022/07/12/vietnam-moit-proposes-new-mechanism-to-develop-solar-and-lng-power-projects;
Under Notice 206, Deputy Prime Minister Le Van Thanh asked MOIT to clarify the following points:
1. MOIT to clarify the legal basis to remove coal projects already approved in (revised) PDP 7 from the PDP 8
2. MOIT to clarify and estimate the cost, damage due to
suspension, suitability of 2,428,42 MW solar power projects which
MOIT proposed to add into PDPVIII
The inclusion of 2,428,42 MW of solar capacity into the draft PDP 8
must be divided into:
(i) Projects that completed construction;
(ii) Projects that have been granted land and sign contracts for
purchase of equipment;
(iii) Projects that obtained Decision on Investment Policy and
granted land; and
(iv) Projects that obtained Decision on Investment Policy but has
not been granted land.
It is necessary to determine in general the costs and damages for each group of projects mentioned above if they are not put into operation, clearly analyze the suitability and non-conformity of each project in accordance with the provisions of law.
3. MOIT to clarify and explain why not obtaining the Politburo's opinion regarding LNG projects under Resolution 55 - NQ/TW dated 11 Feb 2020 in relation to capacity to import LNG. Draft PDP 8 proposes 14-18 billion m3 importation by 2030 and 146,000 MW by 2030 while Resolution 55 only allows 8 billion m3 by 2030 and 15 billion m3 by 2045 and capacity of 125,000-130,000 GW by 2030.
DPM required the MOIT to report prior to 21 July 2022.
Please do not hesitate to contact Dr. Oliver Massmann under omassmann@duanemorris.com if you have any questions or want to know more details on the above. Dr. Oliver Massmann is the General Director of Duane Morris Vietnam LLC.
Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.
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