From March 1, 2024, the transfer of electricity projects as state assets to the Vietnam Electricity Group (EVN...
From March 1, 2024, the transfer of electricity projects as state assets to the Vietnam Electricity Group (EVN) will be implemented according to Decree No. 02/2024/NĐ-CP.
However, not only state-owned electricity projects are guided by this decree, but also electricity projects from various investment sources.
Private electricity projects wishing to voluntarily transfer to EVN, whose costs have been included in the electricity selling price of the Party delivering to the power utility (except for cases where electricity projects apply fixed electricity selling prices - FIT), the project's costs must be deducted for the remaining time according to the project and subtracted from the electricity selling price in the Power Purchase Agreement between the delivering party and the power utility.
Specifically, electricity projects as state assets transferred according to this decree include electricity projects as state assets at state agencies, public non-business units, armed forces units, Vietnam Communist Party agencies, Vietnam Fatherland Front, political-social organizations, social-political-professional organizations, social organizations, social-professional organizations, and other organizations established under the law on associations (hereinafter referred to as state assets at agencies, organizations, units); electricity projects as state assets transferred to enterprise management excluding state capital components in enterprises (hereinafter referred to as state assets in enterprises); electricity projects under technical infrastructure investment projects funded by state capital managed by the Project Management Board, agencies, organizations, units as investors (hereinafter referred to as electricity projects under technical infrastructure investment projects funded by state capital); shared technical infrastructure electricity projects in urban areas, residential areas, and other projects that investors must hand over to the state according to the law.
Also included are electricity projects with community ownership rights formed from investment projects through public-private partnerships and transferred to the power utility according to the project contract as regulated by law or decided by the competent authority to transfer to the power utility to perform the receiving task (hereinafter referred to as electricity projects invested in through public-private partnerships).
Cases not covered by this decree include electricity projects as assets of projects using state capital, assets established community ownership rights not yet transferred, transferred to agencies, organizations, units, or handled in other forms; electricity projects under the rural electricity program, mountainous and island areas from 2013 - 2020; rural low-voltage projects that have been approved for investment by competent authorities before February 12, 2009; Rural Energy II projects.
Additionally, electricity projects as state assets transferred to enterprises managed that include state capital components in enterprises, electricity projects as assets of state-owned enterprises, and electricity projects transferred to EVN but with capital repayment requirements are also not within the scope of application of Decree No. 02/2024/NĐ-CP.
Private electricity projects subject to fixed electricity selling prices (FIT) wishing to transfer to EVN must have the community ownership rights established by the Chairman of the Provincial People's Committee or the Minister of the Ministry of Industry and Trade, and then transferred to EVN for operation.
The transfer of electricity projects with origins outside the state budget will be carried out with the establishment of community ownership rights.
The authority to decide on the establishment of community ownership rights and transfer to EVN will be the Chairman of the Provincial People's Committee or the competent authority according to the decentralization of the Provincial People's Council, the centrally-run city, for electricity projects in the province, centrally-run cities, except as specified in point b of this clause.
The Minister of the Ministry of Industry and Trade will be the decision-maker or the authority to decide for electricity projects in areas from two provinces, centrally-run cities upwards.
To be transferred, organizations, individuals owning electricity projects with origins outside the state budget shall prepare a dossier requesting the transfer of ownership rights to assets to EVN, send (directly or through postal services or electronically in case of digital signatures) to the receiving party as announced by the Vietnam Electricity Group.
Within 30 days from the date of receiving the dossier sent by the delivering party, the receiving party is responsible for leading, coordinating with the delivering party to conduct inspections of the actual situation of the electricity project, assess compliance with the transfer conditions as regulated in Article 4 of this decree, and prepare minutes according to the Form No. 02 in the Appendix issued with this decree.
Within 30 days from the date of completing the inventory, determining the value, the receiving party is responsible for preparing a dossier to report to the competent authority for consideration, deciding to establish community ownership rights and transfer to EVN.
Within 07 days from the date of receiving a complete and valid dossier, the competent authority shall issue a Decision to establish community ownership rights and transfer to EVN according to Form No. 07 in the Appendix issued with this decree or provide a response document in case the request is not appropriate. The delivering party, the receiving party is responsible for the information, value of the electricity project, the dossier as the basis for the competent authority to decide on the establishment of community ownership rights and transfer to EVN.
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