Decree No. 100/2025/ND-CP dated May 08, 2025 on amendments to Decree No. 56/2025/ND-CP elaborating The law on electricity pertaining to electricity development, electrical supply grid development plan, electricity plan investment and development, bidding for investor selection of electricity business investment project

DECREE

ON AMENDMENTS TO DECREE NO. 56/2025/ND-CP DATED MARCH 03, 2025 OF THE GOVERNMENT ELABORATING THE LAW ON ELECTRICITY PERTAINING TO ELECTRICITY DEVELOPMENT, ELECTRICAL SUPPLY GRID DEVELOPMENT PLAN, ELECTRICITY PLAN INVESTMENT AND DEVELOPMENT, BIDDING FOR INVESTOR SELECTION OF ELECTRICITY BUSINESS INVESTMENT PROJECT

Pursuant to the Law on Government Organization dated February 18, 2025;

Pursuant to the Law on Electricity dated November 30, 2024;

At the request of the Minister of Industry and Trade;

The Government promulgates the Decree on amendments to Decree No. 56/2025/ND-CP dated March 03, 2025 of the Government elaborating the law on electricity pertaining to electricity development, electrical supply grid development plan, electricity plan investment and development, bidding for investor selection of electricity business investment project.

Article 1. Amendments to some articles of Article 15 of Decree No. 56/2025/ND-CP

1. Amendments to the title of Article 15:

“Article 15. Mechanisms for consumption of domestically produced natural gas; principles of energy charge pass-through; long-term minimum contracted quantity for gas-fired thermal energy projects

2. Amendments to clauses 3 and 4:

“3. Development mechanisms for gas-fired thermal power projects utilizing domestic natural gas

a) Gas-fired thermal power projects utilizing domestic natural gas are allowed to be operated, mobilized according to the maximum gas supply capability in a manner satisfactory to fuel, capacity, available electricity generation liabilities of gas-fired thermal power projects, technical regulations of the national electrical system;

b) Regulations prescribed in point a of this clause shall be applied to gas-fired thermal power projects of which construction commissioning results of project developers are approved by competent authorities and where electricity generation is carried out before January 01, 2036. The application of mechanisms prescribed in point a of this clause shall be applied until the gas-fired thermal power plants no longer use domestically produced natural gas for electricity generation;

c) In cases where the domestically produced natural gas supply capability does not meet the electricity generation needs of the gas-fired thermal power plant projects, the Seller and the Buyer shall negotiate and reach an agreement on the method of utilizing energy and electricity price in the PPA in accordance with the law.

4. Development mechanisms for gas-fired thermal power projects utilizing imported LNG:

Long-term minimum contracted quantity of gas-fired thermal power projects utilizing imported LNG shall be agreed upon by the Seller and the Buyer during PPA negotiation on the basis of the following principles:

a) Long-term minimum contracted quantity shall not be lower than 65% of average electricity generated over multiple years of gas-fired thermal power projects. Long-term minimum contracted quantity shall be adopted throughout principal and interest repayment period up to 10 years from the date on which projects enter into operation;

b) Following adoption period of long-term minimum contracted quantity, contracted quantity or percentage of electricity to be paid by contract rate of remaining years shall be agreed upon by the Seller and the Buyer during PPA negotiation and discussion and relevant law provisions;

c) Average electricity generated in multiple years is to be determined in accordance with methods for determining electricity generation service costs; principles of electricity cost determination for execution of electricity projects; basic details of PPA promulgated by the Minister of Industry and Trade and provisions under PPA.

d) Regulations on points a, b and c of this clause shall be applied for gas-fired thermal power projects utilizing imported LNG of which construction commissioning results of project developers are approved by competent authorities and where electricity generation is carried out before January 01, 2031.”

3. Amendments to point a clause 5:

a) negotiate about contents of PPA in accordance with regulations in this Article and other relevant law regulations;”

4. Amendments to point a clause 6:

“a) develop plans for operating the electrical system and coordinating the electricity market in accordance with this Article and regulations of the law on operation of competitive electricity market of all levels and load dispatch, operation of the Minister of Industry and Trade;”

Article 2. Implementation clause

This Decree comes into force from the date on which it is signed.