In the context of energy sources such as coal and oil being exhausted and becoming increasingly scarce today, taking advantage of natural energy sources such as wind, water, and the sun is becoming an inevitable trend towards sustainable development. Among the energy sources exploited from the above natural factors, water energy is an energy source that has been exploited and developed early, most notably in the field of hydroelectricity.
It can be seen that most of the electricity being consumed in Vietnam today comes from hydroelectric power plants. The investment and construction of hydroelectric power plants is also a good investment opportunity, attracting many investors to participate. However, due to the characteristics of the type of hydroelectric project, which greatly affects the surrounding natural factors such as soil, water flow, etc., as well as the requirement for extremely large investment capital, the law Vietnam has quite strict regulations on investment and construction of hydroelectric power plants. Specifically, this issue is currently regulated in Circular 43/2012/TT-BCT.
Firstly, on the principle of investment management and construction of hydropower projects
– The investment and construction of hydropower projects must ensure compliance with the provisions of the law on investment, construction, water resources, environmental protection, and other relevant regulations; comply with the hydropower planning and be consistent with the electricity development planning approved by the competent authorities.
– In case the project is under hydropower planning but not included in the electricity development planning or not in accordance with the electricity development planning, the agency competent to permit the investment must consult the Ministry of Industry and Trade on this issue. the project’s conformity with the electricity development planning before considering and allowing investment.
Second, about the requirements for investors of hydropower projects
– Being an enterprise of all economic sectors established in accordance with the Law on Enterprises and having business lines in investment and construction of hydroelectric projects.
– Having sufficient financial capacity to implement the project: The investor must ensure that the equity reaches at least 30% of the total project investment and is committed by credit institutions, financial institutions, and banks. agreed in writing to lend the remaining investment capital. The investor must report to the competent authority to organize the selection of the investor specified in Clause 2, Article 15 of Circular 43/2012/TT-BCT on the plan for allocating sources of investment capital for the project, ensuring consistency with the project implementation schedule.
– The Investor is not the Investor of another project that is behind schedule or is delayed by more than 12 (Twelve) months compared to the provisions in the Investment Certificate unless the progress is suspended or delayed. project implementation in accordance with the law on investment. The investor must provide copies of the documents related to the implementation of the projects in which he is the Investor for the competent authority to allow the investment to consider and be responsible for the accuracy of the information. this.
Third, in the selection of the investor for the hydropower project
The selection of a hydropower project investor must ensure: Comply with current regulations of law on investment, bidding, and other relevant regulations; Select the investor with the highest capacity and experience to carry out the project investment on schedule, ensure quality and minimize the negative impact of the project on the environment – society.
The selection of investors for hydropower projects is done as follows:
– For projects on the list of power sources in the national electricity development planning but the investor has not been identified: Comply with the provisions of the law on investment and decide on the approval of the electricity development planning. country of the Prime Minister. Which, the agency competent to select the investor must consult the relevant ministries, branches, and localities for consideration before submitting to the competent authorities for approval of the project investor.
– For other projects: The People’s Committee of the province having the project organizes the selection of the investor; consults the Ministry of Industry and Trade on the suitability of the project with the master plan and the satisfaction of the investor’s requirements; consults other relevant agencies for consideration approval.
In case the project is located in many provinces, the People’s Committee of the province where the hydropower plant is located shall assume the prime responsibility for, and consult with the Ministry of Industry and Trade, the People’s Committees of the relevant provinces, and other agencies in accordance with regulations to select the Owner. private.
The State encourages the selection of an Investor to implement a cluster of hydroelectric projects that have a flow regulation relationship or use the same power transmission grid works of hydropower plants.
Enterprises that have invested funds and participated in the organization of planning for hydroelectricity under the provisions of Clause 4, Article 8 of this Circular 43/2012/TT-BCT are prioritized for consideration and assignment as the investor of a number of projects. hydropower in such planning study if it is registered for investment and meets the requirements as prescribed.
Fourth, on formulation, appraisal, and approval of investment projects on construction of hydroelectric projects
After being approved by the competent authority to invest in accordance with current regulations, the new hydropower project investor may organize the formulation of an investment project for the construction of a hydroelectric power project (“Import Project”).
The appraisal and approval of hydropower investment projects shall comply with the provisions of the law on the management of construction investment projects. The focal unit for project appraisal is responsible for collecting opinions from industry management agencies, state management agencies in charge of construction, and other relevant agencies on investment projects and basic designs for appraisal. project in accordance with regulations
Fifth, on formulation, appraisal, and approval of construction design of hydroelectric projects
The investor organizes the formulation, appraisal, and approval of the technical design (For projects requiring 3-step design) or construction drawing design (For projects requiring 2-step design) of the project according to the provisions of the law on the management of construction investment projects and takes responsibility for approved contents of.
Technical design content (For projects requiring 3-step design) or construction drawing design (For projects requiring 2-step design) of the project must be consistent with the basic design. in the approved investment project. In case of changes, the Investor must consult relevant agencies as prescribed in Clause 2, Article 16 of Circular 43/2012/TT-BCT on the changed contents to approve the adjustment. Investment project before approving technical design or construction drawing design.
Above is the article on “Legal regulations on investment and construction of hydroelectric projects” of Apra Law Company Limited. If you still have questions about the above issues that need to be answered, please contact the hotline for advice and support.
________________________________
Further information, please contact:
APRA LAW FIRM
Address: 7th floor, 57 Tran Quoc Toan, Tran Hung Dao ward, Hoan Kiem district, Hanoi city, Vietnam.
Email: info@apra.vn
Hotline : 024.23486234 – 0948495885
