COVID-related construction and supply chain delays resulted in many solar and wind projects in Vietnam failing to achieve commercial operations before the feed-in-tariff (FIT) deadline of 31 December 2020 for solar projects and 1 November 2021 for wind projects. 

Achieving commercial operations before this deadline was a key requirement to qualifying for the 20-year FIT of USD 0.0709/kWh for solar projects, USD 0.085/kWh for onshore wind projects and USD 0.098/kWh for offshore wind projects.

On 3 October 2022, the Ministry of Industry and Trade (MOIT) released Circular 15/2022/TT-BCT (Circular 15), which sets out a framework for Vietnam Electricity (EVN) to enter into bilateral tariff negotiations with the developers of these projects that failed to achieve commercial operations before the applicable FIT deadline (referred to in Circular 15 as transitional projects), by reference to a ceiling price (i.e. the maximum tariff payable by EVN). 

On 7 January 2023, the MOIT announced that the ceiling price will be VND 1,184.90/kWh for ground mounted solar projects, VND 1,508.27/kWh for floating solar projects, VND 1,587.12/kWh for onshore wind projects and VND 1,815.95/kWh for offshore wind projects. 

EVN will now use these ceiling prices to negotiate tariffs with transitional solar and wind projects that do not yet have a tariff in place.

Visit us at mayerbrown.com

Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the "Mayer Brown Practices"). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe – Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer Brown, a SELAS established in France; Mayer Brown JSM, a Hong Kong partnership and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. "Mayer Brown" and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.

© Copyright 2020. The Mayer Brown Practices. All rights reserved.

This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.