Hiển thị các bài đăng có nhãn Energy and resources lawyers. Hiển thị tất cả bài đăng
Hiển thị các bài đăng có nhãn Energy and resources lawyers. Hiển thị tất cả bài đăng

Thứ Tư, 6 tháng 3, 2024

Rooftop Solar Power Regulations: Empowering a Green Future in Vietnam



The development of a legal framework for rooftop solar power systems in Vietnam is a crucial step towards harnessing the country’s renewable energy potential. As a tropical country with high solar irradiance, Vietnam has the capacity to become a leader in solar energy production in the Asia-Pacific region. The implementation of rooftop solar power regulations is not only a reflection of global trends towards sustainable energy but also a strategic move for Vietnam’s energy security and environmental commitments.

The Ministry of Industry and Trade in Vietnam is proposing to develop mechanisms for the advancement of rooftop solar power, including a wide range of participants and practical applications to promote this energy source. However, the process of crafting a government decree on rooftop solar power regulations requires time to perfect the documents and consult with relevant parties, while many businesses and residents eagerly anticipate the new framework.

Rooftop Solar Power Regulations: Expanding Participation

The proposed rooftop solar power regulations are being finalized to include in the legislative construction program. Based on feedback from related parties and agreement to include this content in the legislative program, the Ministry of Industry and Trade will draft a decree for consideration and issuance by the government. However, the timeframe for developing the decree on rooftop solar power development, including drafting rooftop solar power regulations, may be lengthy.

Furthermore, the government’s direction for rooftop solar power development at the decree level will have a wider scope, not limited to residential systems, government buildings, and industrial zones, but also including various entities such as shopping centers, service areas, and rooftops within industrial zones. This expansion means that the groups encouraged to develop rooftop solar power may be broader than those in the most recent draft decree on rooftop solar power regulations constructed by the Ministry of Industry and Trade.

Previously, the draft decree only encouraged the development of rooftop solar power systems installed in residential houses and government buildings for self-consumption without selling electricity to other organizations or individuals, but with grid connection as per the agreement.

In addition to expanding the target group, the new mechanism is expected to encourage rooftop solar power with potential tax, fee, and charge incentives as per legal regulations. State agencies prioritize budget allocations for the development of rooftop solar power at their facilities.

The Ministry of Industry and Trade assures that the new mechanism does not propose policies that create additional administrative procedures for ministries, but administrative procedures are necessary to monitor the development of rooftop solar power systems as required by the state and should be implemented by local authorities.
Pending Rooftop Solar Power Regulations

While waiting for the new policy and in particular rooftop solar power regulations, many solar power businesses and manufacturers express urgency as there have been no specific regulations since the expiration of the previous incentive scheme in 2020. The demand for installing rooftop solar power on factory roofs and industrial zones is rising in the manufacturing sectors of FDI companies in Vietnam, especially in the electronics, semiconductor, and textile industries.

With commitments to net-zero emissions, international brands and manufacturers in Vietnam need to meet renewable energy transition requirements, presenting an opportunity for the distributed solar energy market to grow in Vietnam.

What businesses first require is a legal corridor to deploy rooftop solar power models on their factory roofs, even if solely for on-site manufacturing use.

Beyond residential households, many manufacturing businesses also need rooftop solar power to meet emission reduction targets, sustainable development practices, or to comply with green environmental standards (LEED, Lotus…), including renewable energy usage rates from the global supply chain.

Therefore, if policies are flexibly built for households, office premises, and manufacturing businesses, it will maximize the advantages of rooftop solar power while contributing to the country’s broader goals of energy transition, emission reduction, and the Net Zero target by 2050.

For instance, businesses could be prioritized for self-production and self-consumption models, with grid connections but not selling electricity to the national grid. For households, the focus could be on self-consumption, possibly regulating the proportion of on-site energy use in areas that need priority, like the North, to encourage investment and avoid electricity waste.

In conclusion, establishing rooftop solar power regulations in Vietnam is essential. These regulations will not only bolster the clean energy sector but also encourage economic growth, reduce environmental impact, and support Vietnam’s sustainability goals. The detailed legal framework will provide clarity and security for investors and users alike, ensuring the strategic and efficient utilization of Vietnam’s solar potential. As the country looks towards a greener future, the role of well-crafted rooftop solar power regulations becomes increasingly significant.
About ANT Lawyers, a law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi, and Danang, and will help customers in doing business in Vietnam.

Chủ Nhật, 22 tháng 10, 2023

Navigate the Energy & Resources Legal Landscape



Vietnam is known as a rich of natural resources country. The energy industry of Vietnam has developed for a number of years but the lack of modern technology and capital, that makes Vietnam has still stalled in this potential field.


By the strength of resources, reasonable low labor cost, Vietnam is attracting many foreign investors to invest in energy industry. Our energy and resources lawyers in Vietnam always monitor the legal environment and keep our client posted to changes that could impact their business.

In particular, Vietnam has considerable supplies of oil, natural gas and refineries. Proven oil reserves in Vietnam amount to 3.3 billion barrels as the second-most in Southeast Asia, after Indonesia. Revenues from oil and gas contribute about 30% of Vietnam’s GDP.
Law on Petroleum in Vietnam

For exploration and production, sea zones in Vietnam are divided into different geographic “blocks”. The size and scope of these blocks can vary from year to year, depending on the scale of the activities undertaken by the company currently assigned to it.

According to Law on Petroleum 1993, amending in 2000 and 2008, to participate in this field, the investors have to join the bidding for researching and exploiting petroleum.

In special case, the Vietnam Government may appoint the contractor to select investor wishing to engage in petroleum.

Then the investor must enter into a dividing products or joint venture or other contract in which contents all terms as required by Article 15 (amended), managed by Vietnam Government.

This contract’s term shall not exceed 25 years in which period of research and exploration not exceed 5 years. The duration may be extended 5 years for the contract and 2 year for period of research and exploration. In case projects encouraged to invest in petroleum and exploring natural gas, the term can be 30 years and 7 years for period of research and exploration.

Taxation for petroleum activities is based on type of natural resources exploited, economic, technical conditions of the mines, the amount produced.

According to law on Petroleum and other provisions on taxation, natural resources tax rate is from 4% to 25% for crude oil, 0% to 10% for natural gas. To ensure the reserve aiming to domestic demand, Vietnam has regulated export rate for natural resources, especially tax rate at 20% for crude oil and coal. This regulation was implemented to encourage companies in Vietnam to refine crude oil in country as the new refineries come online.

Vietnam has more potential in petroleum and energy industry.
How energy and resources lawyers in Vietnam could help?

Energy and resources lawyers in Vietnam play a crucial role in assisting foreign clients in entering the market by providing legal expertise and guidance on navigating the complex regulatory landscape.

Regulatory Compliance: Energy and natural resources sectors in Vietnam are heavily regulated. Lawyers can help foreign clients understand and comply with the country’s laws and regulations, which cover areas such as licensing, environmental protection, land use, and taxation.

Market Entry Strategy: Energy and resources lawyers in Vietnam can assist in devising an effective market entry strategy tailored to the client’s specific needs. This may involve choosing the right business structure, such as joint ventures, partnerships, or wholly foreign-owned enterprises.

Due Diligence: Conducting due diligence is critical to assess the risks and opportunities in the Vietnam market. Energy and resources lawyers in Vietnam can assist in comprehensive due diligence, including reviewing contracts, licenses, permits, and compliance records of potential partners or targets.

Intellectual Property Protection: Protecting intellectual property rights is vital, especially in industries like renewable energy and mining. Lawyers can help clients with trademark registration, patent protection, and ensuring compliance with intellectual property laws.

Contract Negotiation: Negotiating contracts with local partners, suppliers, or customers can be complex. Energy and resources lawyers can help ensure that contracts are legally sound, protecting the interests of foreign clients.

Dispute Resolution: In the event of disputes, energy and resources lawyers in Vietnam can provide guidance on dispute resolution mechanisms, which may include negotiation, mediation, arbitration, or litigation. They can represent foreign clients in legal proceedings, if necessary.

Environmental and Social Responsibility: As sustainability becomes increasingly important, energy and resources lawyers in Vietnam can advise clients on adhering to environmental and social responsibility standards and assist in obtaining necessary permits related to environmental impact assessments.

Taxation and Incentives: Energy and resources lawyers in Vietnam can help foreign clients understand the tax implications of their investments and identify available tax incentives and exemptions that can make their investments more cost-effective.

Government Relations: Building relationships with government agencies is often essential in highly regulated sectors. Energy and resources lawyers in Vietnam can help clients engage with relevant government bodies, obtain permits, and navigate bureaucratic processes.

Market Intelligence: Lawyers can provide valuable market intelligence and insights into industry trends, regulatory changes, and potential risks, helping foreign clients make informed decisions.

Crisis Management: In the event of unforeseen challenges or crises, energy and resources lawyers in Vietnam can provide guidance on crisis management strategies, including legal compliance and risk mitigation.

Exit Strategies: Planning an exit strategy is as important as market entry. Lawyers can help foreign clients with options such as selling assets, winding down operations, or exiting joint ventures.

In summary, energy and resources lawyers in Vietnam serve as invaluable partners for foreign clients looking to enter the market. They offer legal expertise, regulatory insight, and strategic guidance that can help clients navigate the complexities of the Vietnamese market and ensure a successful market entry.
About ANT Lawyers, a law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi, and Danang, and will help customers in doing business in Vietnam.