VIETNAM – NO LEGAL INSTRUMENT GUIDING THE DEVELOPMENT OF ROOFTOP SOLAR ENERGY PROJECTS FROM 1 JANUARY 2021

1. VIETNAM – NO LEGAL INSTRUMENT GUIDING THE DEVELOPMENT OF
ROOFTOP SOLAR ENERGY PROJECTS FROM 1 JANUARY 2021
Decision 13/2020/QD-TTg on Mechanisms for solar energy development in Vietnam will
expire on 31 December 2020, meaning after this date, there is no legal instrument guiding
the development of rooftop solar power projects in Vietnam (“RTS”).
The electricity sale and purchase form as well as electricity purchase price from 1 January
2021 are not determined. The Department of Electricity and Renewable Energy is examining
suitable power model, scale and purchase price for each type of RTS and will report the result
to the Ministry of Industry and Trade in the first quarter of 2021. Afterward, MOIT will
submit its plan for future development of RTS for the Prime Minister’s approval.
In the meantime, RTS investors should be aware of the followings:
1. EVN and its corporations (“EVN”) will stop receiving and processing investors’ request
for grid connection and request to sign power purchase agreement from 1 January 2021 until
there’s further instruction. As a result, EVN will not record electricity generated to the grid
by the abovementioned investors as well as will not buy electricity from such investors before
the Prime Minister issues a new decision.
2. For RTS that has Commercial Operation Date before 1 January 2021, EVN must confirm
with investors on the scale and capacity of the project part(s) that went into operation. EVN
to finialize the list of RTS systems that operare (in part or in full) before 1 January 2021.
3. Consumers are encouraged to install RTS systems with scale and capacity suitable with
their use and financial resources in order to reduce electricity consuming price overall.
For your information, under Decision 13/2020/QD-TTg that took effect on 6 April 2020, the
Feed-in Tariffs for solar power are:
No. Solar power technology
Price
VND/kWh
Equivalent in
US cent/kWh
1 Floating solar energy projects 1,783 7.69
2 Terrestrial solar energy projects 1,644 7.09
3 Rooftop solar power systems 1,943 8.38
Note: Conversion rate shall be the central conversion rate of VND to USD publicized by the
State Bank of Vietnam in March 10, 2020.
Please do not hesitate to contact the author Dr. Oliver Massmann
under omassmann@duanemorris.com. Dr. Oliver Massmann is the General Director of

2. Duane Morris Vietnam LLC, Member to the Supervisory Board of PetroVietnam Insurance
JSC and the only foreign lawyer presenting in Vietnamese language to members of the
NATIONAL ASSEMBLY OF VIETNAM.