Based on the documents issued by the competent authority, the legal provisions on this issue include:
- Document No. 12158/BCT-DTDL dated December 19, 2016, of MOIT directing: “From January 1, 2017, if power plants (except for large power plants, have an especially important meaning in economic, social, national defense and security fields as stipulated in Decision No. 2012/QD-TTg dated October 24, 2016, of the Prime Minister and power plants coordinating in operation with other large power plants of special significance in economic, social, national defense and security fields as specified in Decision No. 4712/QD-BCT dated December 2, 2016, of MOIT) without PPA or with PPA, but the power pricing has expired, MOIT requests EVN to direct relevant units not to mobilize these plants to generate power onto the national grid unless it is necessary to be mobilized to ensure the security of power supply.”
- Article 4 of Circular No. 13/2017/TT-BCT dated August 3, 2017, of MOIT stipulates: “Vietnam Electricity does not make a temporary payment or payment of electricity to power plants when operating and generating power onto the grid without officially signing a PPA. In case, these plants shall be mobilized due to the requirement of ensuring the power supply security, Vietnam Electricity is responsible for reporting it to MOIT and coordinating with the power generating unit in mobilizing and operating and paying electricity bills for power plants.”
Thus, with the above grounds, the stoppage of mobilization of the 172.12 MW capacity without a pricing mechanism of the Trung Nam - Thuan Nam solar power plant complies with legal documents as prescribed by the law.
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The parties cooperate to find solutions to problems
Implementing the direction of the MOIT, EVN requested the Electricity Trading Company (under EVN) to invite Trung Nam Company to a meeting to discuss and agree on the implementation of Circular No. 15 and Decision No. 21 of the MOIT on February 16, 2023. According to Point b, Clause 2, Article 1 of Circular No. 15, Trung Nam Company and EVN's Power Trading Company have exchanged and agreed that 172MW, which has not been mobilized yet, in the list of actual transitional capacity shall be handled following the provisions of Circular No. 15 and Decision No. 21.
Besides, based on Clause 1, Article 26 of Decree No. 137/2013/ND-CP dated October 21, 2013, by the Government detailing the implementation of some articles of the Electricity Law and the Law on amending and supplementing Articles of the Electricity Law clearly stating: "The power generation price and the wholesale price under PPA’s with a definite term shall be agreed upon by the electricity purchaser and the electricity seller following the method guided by MOIT, but shall not be exceeding the price frame approved by a competent state agency".
Based on legal documents, EVN has requested Trung Nam Company to urgently review and prepare legal documents for the project and refer to the electricity price negotiation method as guided in Circular No. 57, dated December No. 31, 2020 of the Ministry of Industry and Trade on the method of determining the price of PPA. In the coming time, after Trung Nam Company completes the legal documents following Circular No. 15 and Decision No. 21 and sends them to the Power Trading Company, the two sides will conduct negotiations under the guidance of MOIT.