by Apra Law

In order to realize the development orientation of renewable energy in Resolution No. 36-NQ/TW, the development of wind power projects including offshore wind power projects has been strongly underway.

The order of implementation of wind power project development is implemented in accordance with Circular No. 02/2019/TT-BCT dated January 15, 2019 of the Ministry of Industry and Trade regulating the implementation of wind power project development and power purchase and sale contract template for wind power projects. According to the Wind Power Investment Instruction Manual (developed by the Ministry of Industry and Trade in collaboration with GIZ organization for guidance and reference purposes), a wind power project is implemented through 5 phases: Preparation – Development – Implementation – Operation and maintenance – End of operation/stopping and dismantling.

For offshore wind power projects, related to the functions and tasks of the Ministry of Natural Resources and Environment, according to current regulations as follows:

  • Organizations and individuals implementing wind power project development need to be assigned certain marine areas to use and exploit for wind power development purposes. The assignment of certain sea areas is made according to the provisions of Decree No. 51/2014/ND-CP dated May 21, 2014 of the Government. The sequence of steps to assign marine areas to organizations and individuals to exploit and use marine resources has been issued in the form of a Process under the quality management system according to the national standard TCVN 9001:2015.
  • Joint Circular No. 198/2015/TTLT-BTC-BTNMT of the Ministry of Finance and the Ministry of Natural Resources and Environment dated December 7, 2015 stipulating the calculation method, collection method, management mode and use of money for use of the marine area when an organization or individual is assigned the sea area by a state management agency or a competent authority to exploit and use marine resources in accordance with the provisions of Decree No. 51/2014/ND-CP dated May 21, 2014 by the Government. In particular, in Group 1, Section 1, Article 3, it is clearly stated that the activity “Using the sea area to exploit wind, wave, tidal and current energy” must pay a fee for the use of the sea area.
  • In addition to being assigned the sea area to implement wind power projects, the wind power project implementing agency must pay attention to the implementation of regulations on coastal protection corridors when implementing the landing points of the wind power transmission line to the shore, where cable trenches will be dug or horizontal drilling and construction of cable connection tunnels which are underground concrete tunnels. Regulations on coastal protection corridors are prescribed in Decree No. 40/2016/ND-CP dated May 15, 2016 of the Government detailing a number of articles of the Law on natural resources and environment of sea and islands.

Requirements for environmental impact assessment for development projects that affect the natural and social environment are stated in the Law on Environmental Protection, Decree No. 18/2015/ND-CP dated December 14th/ 2015 of the Government and Circular No. 27/2015/TT-BNTMT dated May 29, 2015 of the Ministry of Natural Resources and Environment detailing and guiding the planning and environmental protection, strategic environmental assessment (EIA), environmental impact assessment (EIA) and environmental protection plan.

According to Decree 18, EIA reports are only required for the following wind power projects:

  • Has an area of ​​100 hectares or more, or
  • Impact on protected areas, or
  • Use forest land or rice paddies, or
  • Requires installation of grid connection line from 110kV or more.

For projects not in the above group, the investor/project developer only needs to make an Environmental Protection Plan.

The environmental and social aspects to be considered in the EIA are specified in Circular 27, and requirements for these are regulated by national standards or regulations. Circular 27 also addresses the appraisal process as well as monitoring and evaluation during the project operation phase. These regulations and guidelines apply to all development projects in Vietnam (including wind power projects).


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