Công văn 7088/BCT-ĐL 2020 hướng dẫn thực hiện phát triển điện mặt trời mái nhà

MINISTRY OF INDUSTRY AND TRADE
——-

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————

No. 7088/BCT-DL
Re: Guidelines for
development of rooftop solar power

Hanoi, September 22,
2020

 

To:

– The People’s
Committees of central-affiliated cities;
– Vietnam Electricity (EVN).

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;

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DĐ:

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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;

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Pro

để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

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./.

 

 

PP MINISTER
DEPUTY MINISTER

Hoang Quoc Vuong

 

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