Công văn 7088/BCT-ĐL năm 2020 về hướng dẫn thực hiện phát triển điện mặt trời mái nhà do Bộ Công thương ban hành

On April 06, 2020, the Prime Minister promulgated Decision No. 13/2020/QD-TTg on incentives for development of solar energy in Vietnam (hereinafter referred to as “Decision 13”). Pursuant to Decision 13, the Ministry of Industry and Trade promulgate Circular No. 18/2020/TT-BCT dated July 17, 2020 on project development and model power purchase agreements applicable to solar power projects (hereinafter referred to as “Circular 18”), which include regulations on rooftop solar power development. In order to ensure that rooftop solar power development is conformable with resolution No. 55-NQ/TW dated February 11, 2020 of the Politburo on orientation for the national power development strategy of Vietnam by 202 and the visions towards 2045, regulations of Decision 13 and Circular 18, the Ministry of Industry and Trade hereby provide some specific guidelines as follows:

1. Regarding rooftop solar power systems

a) Rooftop solar power systems are defined in Clause 5 Article 3 of Decision 13.

b) Rooftop solar power systems must be installed on the rooftop of construction works with independent functions, where:

(i) Construction works are defined in Clause 10 Article 3 of the 2014’s Law on Construction. Construction works (including new, renovated, repaired works) shall be invested in and built according to applicable regulations of law on construction, environment, fire safety, land, etc.;

 (ii) Rooftop of a construction work means the roof of the house or a house-like structure according to Appendix 2 of Circular No. 03/2016/TT-BXD dated March 10, 2016 of the Ministry of Construction. Rooftop of a construction work must be suitable for its functions and purposes;

2. Guidelines for some specific cases

a) Rooftop solar power systems of husbandry, farming, forestry, salt production, aquaculture, other agriculture and rural development works: Pursuant to Circular No. 02/2020/TT-BNNPTNT dated February 28, 2020 of the Ministry of Agriculture and Rural Development (hereinafter referred to as “Circular 02), owners of animal, plant farms, etc. shall organize their business operation in accordance with the local land use plans and planning. The local authority shall ensure that these farms are conformable with the local land use plans and planning. Pursuant to Decision 13, farms shall have roofs that are suitable for their functions and types.

b) In case multiple rooftop solar power systems have a total power of over 01 MW (the power of each system does not exceed 01 MW) at 01 location (on the same piece of land or roofs within a industrial zone), is directly or indirectly connected, belong to one or multiple investors, or an investor purchases multiple adjacent rooftop solar power systems with a total power of over 01 MW: Pursuant to Decision 13 and Circular 18, in this case, each rooftop solar power system shall have a separate power purchase agreement and is exempt from electricity license. The purchasers shall inherit the relevant interests and duties in the power purchase agreements concluded by the previous owners but shall complete procedures for agreement transfer. Multiple rooftop solar power purchase agreements must not be combined into one agreement.

c) In case the investor utilizes the roofs of the office building, executive building, kitchen, accommodation, employees’ parking garage, factory, warehouse within the premises of the solar power project, hydropower plant, thermal power plant and request installation of a separate electricity meter and conclusion of a power purchase agreement, EVN may conclude the power purchase agreement if it is conformable with regulations on rooftop solar power systems specified in Decision 13 and Circular 18.

d) In case a solar power system has a power of not exceeding 01 MW and is not installed on the rooftop of a construction work with independent functions; the solar power system of an animal, plant farm, etc. with a power of exceeding 01 MW or exceeding 1,25 MWp; the solar power system is connected to a grid with a voltage exceeding 35 kV: Do not apply the power selling prices for rooftop solar power specified in Decision 13.

dd) Regarding proposed incentives for installation of rooftop solar power systems exceeding 01 MW; aquaculture, plant, animal farms, etc. that wish to use solar panels as roofs, the Ministry of Industry and Trade will consider them and report to the Prime Minister for introduction of an appropriate and practical mechanism which will be applied after 2020.

3. EVN shall:

a) Pursuant to regulations of law and the guidelines above, instruct electricity supply units to establish connection and conclude rooftop solar power purchase agreements in accordance with Decision 13 and Circular 18;

b) Ensure that rooftop solar power systems are connected in accordance with regulations and do not overload the existing low-voltage, medium-voltage and high-voltage grids (especially 110 KV grids);

c) Request investors in rooftop solar power systems to have written commitment to take responsibility for conformity of their construction works with applicable standards and regulations, roofs of construction works are suitable for their functions and purposes. Request investors in rooftop solar power systems of farms to include the confirmation issued by the People’s Committee of the commune or district of the declaration of farm construction (according to the form provided in Appendix III of Circular 02) in the grid connection application/agreement or power purchase agreement;

d) Send written enquiries about business conditions, tax administration, invoicing of rooftop solar power owners to the Ministry of Planning and Investment and the Ministry of Finance regarding.

During the process of implementation, the People’s Committees of provinces shall provide guidance for units in their provinces to manage the development  of rooftop solar power systems in accordance with Decision 13, Circular 18 and other regulations of law./.

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