Proposal to expand the subjects participating in the direct electricity purchase and sale mechanism

Minister of Industry and Trade Nguyen Hong Dien presents the Report. *Photo: quochoi.vn*

The draft consists of 8 chapters with 24 articles, of which the regulation on investment in construction of power projects (Article 6) clearly states that power grid projects and works in the Power Development Plan and power supply network development plans in the Provincial Plan do not have to go through investment policy approval procedures. This regulation is applicable until December 31, 2030.

Regarding direct electricity trading (Chapter V), the direct electricity trading mechanism is regulated: The price of electricity trading through the direct electricity trading mechanism is negotiated and agreed upon by the electricity seller and the electricity buyer. Regulations expand the subjects directly participating in the direct electricity trading mechanism to electricity retailers in industrial parks, economic zones, export processing zones, industrial clusters, high-tech zones, concentrated information technology zones, and high-tech agricultural zones.

In which, the Minister of Industry and Trade specifically regulates the scale of large electricity users participating in the direct electricity trading mechanism through a separate connected grid; the direct electricity trading mechanism through the national grid.

Regarding the regulations on the winning electricity price when bidding to select investors to implement electricity business investment projects (Article 9), it is clearly stated that, except for thermal power projects and offshore wind power projects, for electricity business investment projects with a price frame for bidding to select investors, the winning electricity price is the price of the electricity purchase and sale contract and is not higher than the price frame in the bidding year.

National Assembly delegates attending the afternoon session on December 4. *Photo: quochoi.vn*

The electricity buyer is responsible for negotiating and concluding a power purchase contract with the winning investor in accordance with current laws. The time for negotiating and concluding a power purchase contract for the project in Clause 1 of this Article is 1 month from the date the winning investor submits a valid power purchase negotiation dossier.

In which, Clause 1 of this Article applies to projects with an operation schedule from 2026 to the end of 2030 in the bidding documents and an operation phase in the period 2025 - 2030 according to the Power Development Plan or according to the power supply network development plan in the Provincial Plan.

Chairman of the National Assembly's Economic and Financial Committee Phan Van Mai presents the inspection report. *Photo: quochoi.vn*

Presenting a summary report on the review of the Draft Resolution, Chairman of the National Assembly's Economic and Financial Committee Phan Van Mai requested the Government to direct the review, careful consideration, and explanation of the proposal of a number of mechanisms and policies to ensure suitability, feasibility, and control mechanisms to avoid risks arising during the implementation process.

Specifically, the draft stipulates that power grid projects and works in the Power Development Plan and power supply network development plans in the Provincial Plan do not have to go through investment policy approval procedures, while according to the provisions of the draft Law on Planning (amended), the Power Development Plan and the Provincial Plan are directional in nature and do not include a specific list of projects.

“Thus, there is no basis to determine the project “in the Power Development Plan, the power supply network development plan in the Provincial Plan”, the Government is requested to explain the reasonableness and feasibility of this regulation”, Mr. Phan Van Mai emphasized.

Regarding the permission to use planning approval decisions to replace investment policy approval documents, the Committee recommends that the Government carefully assess the feasibility of this regulation in the context of planning content being innovated in a general direction, without listing projects; to avoid conflicts with the new approach of the Law on Planning (amended).

Regarding the regulation of the direct assignment mechanism for a number of projects to ensure progress, the Committee proposed that the Government clearly stipulate the conditions for enterprises to be assigned to implement projects and power grid works in the Power Development Plan and Provincial Plan; determine the criteria for applying this mechanism, distinguishing it from projects that must select investors according to the normal process.

Regarding the cases of approving investors without auctioning land use rights or bidding to select investors, Mr. Phan Van Mai said that this is a different regulation from the provisions of the Electricity Law, the Investment Law, and the Land Law. Therefore, the Government should report and clarify the impact of this regulation, and the strict control mechanism to avoid negative consequences.

Regarding the electricity price when bidding to select investors for electricity business investment projects, it is the price of the electricity purchase contract and is higher than the price frame in the bidding year. The Committee requests the Government to explain and clarify the content of the regulations that are different from the provisions of the current Electricity Law, the impacts, risks that may arise and control solutions.

Mr. Phan Van Mai said that power projects are often linked to security and defense; special mechanisms and policies to create openness and promote development need to go hand in hand with requirements on safety, security, defense, energy security and "post-audit" solutions to avoid policy abuse. Therefore, the Resolution needs to be reviewed to ensure security, defense and strict control mechanisms.

Source: https://hanoimoi.vn/de-xuat-mo-rong-doi-tuong-tham-gia-co-che-mua-ban-dien-truc-tiep-725654.html