Thông tư 06/2013/TT-BCT

CIRCULAR

REGULATION ON CONTENT, ORDER, PROCEDURES FOR FORMULATION, APPRAISING AND APPROVING WIND POWER DEVELOPMENT PLANNING

Pursuant to the Electricity Law dated December 3, 2004;

Pursuant to Decree No. 95/2012/ND-CP dated November 12, 2012 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decision No. 37/2011/QD-TTg dated June 29, 2011 of the Prime Minister on mechanisms to support the wind power development projects in Vietnam;

At the proposal of the General Director of the General Department of Energy, the Minister of Industry and Trade issues Circular providing for the content, order and procedures for formulation, appraisal and approval of wind power development planning:

Chapter I

GENERAL REGULATION

Article 1. Scope of regulation and subject of application

1. This Circular provides for content, order and procedures for formulation, appraisal and approval of national wind power development planning and provincial wind power development planning.

2. This Circular applies to organizations and individuals involved in the formulation, appraisal and approval of wind power development planning in Vietnam.

Article 2. Explanation of terms

In this Circular, the terms below are construed as follows:

1. Theoretical potential of wind power is the wind power potential determined with wind speed of 6.0 m / s or more at a height of 80 m.

2. Technical potential of wind power is wind power potential which can be built and operated by wind power projects with technical conditions and current technology.

3. Financial potential of wind power is wind power potential which can be deployed and exploits the project efficiently and profitably for investors.

Chapter II

CONTENTS, ORDER, PROCEDURES FOR FORMULATION, ASSESSMENT AND APPROVAL OF NATIONAL WIND POWER DEVELOPMENT PLANNING

Article 3. National wind power development planning

National wind power development planning is the planning scheme in order to determine the total theoretical and technical wind power potential in the country, distribution of wind potential in the areas or provinces in each stage of the construction investment by 2020 with vision to 2030.

Article 4. Content of national wind power development planning

1. National wind power development plan (hereinafter referred to as the planning scheme) includes the following contents:

a) An overview of the wind power development in the world and Vietnam: Current status of exploitation, supply and use; development trend; supporting measures and policies on development assistance; actual state of wind power development in Vietnam and studies of existing wind power potential in Vietnam.

b) Natural and socio-economic characteristics of Vietnam: Current status and development trend by 2020 with vision to 2030.

c) Current status and power grid development planning in Vietnam by 2020 with a vision to 2030.

d) Determination of theoretical and technical wind power potential, exploitation capacity of wind energy of Vietnam.

e) List of theoretical and technical wind power potential areas.

g) Technical, economic and financial targets for wind power development.

h) Environmental impact assessment of wind power operation.

i) Solutions, policies and mechanism

k) Conclusions and proposal.

2. Detailed content of the national wind power development plan specified in Appendix 1 issued together with this Circular.

Article 5. Order and procedures for formulation and submission for appraisal of national wind power development planning

1. Formulation of detailed outline and selection of consultant.

a) On the basis of the budget capital plan for the elaboration of national wind power development, the General Department of Energy shall formulate a detailed outline, cost estimates, construction plans of planning scheme for submission to the Minister of Industry and Trade for approval;

b) The General Department of Energy shall select consulting organization qualified under current regulations for formulation of planning scheme according to the outline and cost estimate approved for submission to the Minister of Industry and Trade for approval.

2. Formulation and submission for appraisal of national wind power development

a) The consulting organization selected shall formulate the national wind power development planning in line with the approved outline and time limit for assignment;

b) During the course of formulation of planning scheme, the consulting organization shall take intermediate reporting steps to gather opinions of relevant agencies and complete the planning scheme.

c) After completing the planning scheme, the consulting organization shall submit the record for appraisal of planning scheme

d) Record for appraisal of national wind development planning includes:

- Fifteen (15) sets of planning scheme and one (01) CD/DVD/USB containing the file of report on the planning scheme and attached data (complete wind measurement data used to develop the planning scheme and other relevant documents).

- Fifteen (15) briefing report on planning scheme.

Article 6. Appraising, approval and announcement of national wind development planning

1. Appraisal and submission for approval for national wind development planning

a) The General Department of Energy is responsible for appraisal of planning scheme within thirty (30) working days after receiving complete and valid record. In case of necessity, the General Department of Energy can hire appraisal and opponency consultants in service of appraisal work;

b) Within five (05) working days after receiving complete and valid records, the General Department of Energy must send opinion gathering document regarding the content of the planning scheme to the relevant local authorities;

c) These agencies and localities shall study and reply in writing to the General Department of Energy within fifteen (15) working days after receiving the opinion gathering document on the planning scheme.

d) Within ten (10) working days after receiving opinions of the relevant local authorities, the General Department of Energy shall complete the appraisal report on planning scheme for submission to the Minister of Industry and Trade;

e) In case the planning scheme needs supplementation and adjustment, the General Department of Energy shall have detailed document requiring the consulting organization to supplement and adjust the planning scheme. Within fifteen (15) working days after receiving the supplementation and adjustment requirement, the consulting organization shall complete the planning scheme as required for submission to the General Department of Energy.

g) Within fifteen (15) working days after receiving the completed planning scheme, the General Department of Energy shall make a report to the Minister of Industry and Trade for submission to the Prime Minister for approval.

h) Record submitted to the Prime Minister includes:

- Report for planning approval.

- Draft decision on planning approval.

- Completed planning scheme.

- Briefing report of planning scheme.

- Written opinion contribution of relevant agencies and localities.

- Explaining receiving opinions of relevant agencies and localities.

2. The General Department of Energy shall publish the national wind power development planning in the Official Gazette and the website of the General Department of Energy.

3. Cost of appraisal and publication of national wind power development planning is done in line with current regulation.

4. Based on the socio-economic conditions in each period, the Minister of Industry and Trade shall propose the Prime Minister to make a decision on amendment and supplementation of the national wind power development planning

Chapter III

CONTENT, ORDER AND PROCEDURES FOR FORMULATION, APPRAISAL AND APPROVAL FOR PROVINCIAL-LEVEL WIND POWER DEVELOPMENT PLANNING

Article 7. WIND POWER DEVELOPMENT PLANNING

The wind power development planning of centrally-affiliated provinces and cities (hereafter referred to as wind power development planning) is the planning scheme to determine the total financial and technical wind power potential, distribute wind potential in the whole province

Article 8. Content of provincial-level wind power development planning

1. Provincial-level wind power development planning (hereafter referred to as planning scheme) includes the following contents

a) An overview of the wind power development in Vietnam and provinces.

b) Natural and socio-economic characteristics of provinces.

c) Current status development trend of power source and grid in provinces.

d) Determination of technical and financial wind power and capacity to exploit wind energy in provinces.

e) Area planning for wind power development and list of wind power projects: area and boundary of areas for wind power development; scale and capacity of wind power projects.

g) Connection plan to the national electricity system.

h) Investment demand and financial performance of the project

i) Environmental impact assessment of wind power in operation.

k) Solutions, mechanism and policies.

l) Conclusion and proposal.

2. Detailed content of provincial-level wind power development planning specified in Annex 2 issued together with this Circular.

Article 9. Order and procedures for formulation and submission of provincial-level wind power development planning

1. Formulation of detailed outline and selection of consultant

a) On the basis of the budget plan for layout planning, the Service of Trade and Industry is responsible for the formulation of detailed outline and cost estimates for submission to the People's Committees of centrally-affiliated provinces and cities (hereinafter referred to as provincial-level People's Committee) for approval;

b) The Service of Trade and Industry shall select a qualified consulting organization for assignment of planning formulation on the basis of outline and estimate approved for submission to provincial-level People's Committees for approval.

2. Formulation and submission of provincial-level wind power development planning.

a) The consulting organization selected shall formulate the planning scheme in line with the outline approved and the time limit for assignement.

b) During the course of formulation of planning scheme, the consulting organization shall take intermediate reporting steps to gather opinions of relevant agencies and complete the planning scheme.

c) The Service of Trade and Industry shall gather opinions of relevant agencies, provincial Power Company and the area General Electricity Corporation related to the planning scheme. Within fifteen (15) working days after receiving opinion gathering document, the agencies and units that are gathered opinions shall study and contribute their opinions in writing for submission to the Service of Trade and Industry and consulting organization for formulation of planning scheme.

d) Record submitted to the Ministry of Trade and Industry for approval of provincial-level wind power development planning includes:

- Report on approval for planning of provincial-level People’s Committee.

- Ten (10) sets of completed planning scheme and one (01) CD/USB containing file of report on planning scheme and attached documents (Explanation, Annex, data, contributed opinions of relevant agencies and other reference documents).

- Ten (10) sets briefing reports on the planning scheme.

- Written opinion contribution of relevant agencies.

- Explanation and receiving of contributed opinions of relevant agencies.

Article 10. Appraisal, approval and announcement of provincial-level wind power development planning

1. Appraising and approval of provincial-level wind power development planning

a) The General Department of Energy shall appraise the planning scheme within thirty (30) working days after fully receiving valid records. In case of necessity, the General Department of Energy can hire appraisal and opponency consultants in service of appraisal work;

b) Within five (05) working days after fully receiving valid records, the General Department of Energy shall send the opinion gathering document on the content of the planning scheme to the relevant agencies and localities;

c) These agencies and localities shall study and reply in writing to the General Department of Energy within fifteen (15) working days after receiving the opinion gathering document on the planning scheme.

d) After receiving the written official opinions of the relevant agencies and units, the General Department of Energy shall complete the appraisal report for submission to the Minister of Industry and Trade for consideration and approval;

e) In case the planning scheme needs supplementation and adjustment, within five (05) working days after fully receiving valid records, the General Department of Energy shall send document to provincial-level People’s Committee to direct the consulting organization to adjust and supplement the planning scheme.

g) Within fifteen (15) days after receiving the completed planning scheme, the General Department of Energy shall finish report on appraisal for submission to the Minister of Industry and Trade for approval of planning scheme.

2. Provincial-level People’s Committee shall publish the provincial wind power development planning on the provincial website.

3. Cost for appraisal and publication of provincial wind power development planning shall comply with the current regulations of law.

4. Based on the socio-economic conditions locally in each period, the provincial-level People's Committee Chairman shall propose the Minister of Industry and Trade to make a decision on amendment and supplementation of provincial wind power development planning.

Chapter IV

IMPLEMENTATION ORGANIZATION

Article 11. Implementation organization

1. The General Department of Energy is responsible for dissemination, guidance and inspection of the implementation of this Circular. In the course of implementation, if any problem arises, the General Department of Energy shall coordinate with the relevant units or locality to review and propose the Minister of Industry and Trade to amend and supplement this Circular.

2. The People’s Committee of centrally-affiliated provinces and cities shall monitor, supervise and inspect the development of wind power projects at locality under the approved provincial wind power development planning.

Article 12. Transitional provision

1. For planning projects whose outline, tasks and estimate of planning scheme before the effective date of this Circular have been approved by the competent authorities with the consultant hiring contract, the planning scheme shall comply with the approved decision.

2. In case the planning scheme has been approved by the competent authorities before the effective date of this Circular but the consultant hiring contract has not been signed for planning, the provisions of this Circular shall be applied.

Article 13. Effect

This Circular takes effect on May 01, 2013.

ANNEX 1

CONTENT OF PLANNING SCHEME OF NATIONAL WIND POWER DEVELOPMENT PROJECT
(Issued together with Circular No. 06 / 2013/TT-BCT dated March 8, 2013 of the Minister of Industry and Trade)

A. Part of explanation

Chapter 1. An overview of wind power development in the world and Vietnam

1.1. Exploitation, supply and use

1.2. Technology and trend of wind energy development.

1.3. National and regional policies regarding the development of wind power.

1.4. Current status of wind power development in Vietnam and studies of existing wind power potential in Vietnam

1.5. Research methods for planning

1.6. Mechanisms to support the current wind power development.

Chapter 2.Natural and socio-economic characteristics of Vietnam

2.1. Natural characteristics

2.1.1. Geographical location

2.1.2. Topographical charateristics

2.1.3. Meteorological conditions

2.2. Socio-economic characteristics

2.2.1. Socio-economic status

2.2.2. Direction of socio-economic development by 2020 with a vision to 2030.

2.3. Current status and land use planning by 2020, with a vision to 2030

Chapter 3. The current status and development direction of power in Vietnam by 2020, with a vision to 2030

3.1. Current status and national power grid.

3.2. Current status of power consumption

3.3. Current status of wind power rate

3.4. National power load demand

3.5. Orientation for national power development by 2020 with a vision to 2030 and restriction to the wind power development nowadays.

Chapter 4. Determining the technical and theoretical potential of wind power and capacity of exploitation of wind energy in Vietnam

4.1. Input data.

4.2. Methods for data processing

4.3. Main results.

4.4. Wind characteristics.

4.5. Criteria to determine the name of technical and theoretical potential of wind power area.

4.6. Preliminary determination of areas suitable for wind power development

4.7. Re-assessment of the theoretical wind potential by surveying data.

4.8. Technical wind potential

4.9. Wind atlas map corresponding to the typical height.

Chapter 5. List of technical and theoretical potential of wind power area.

5.1 Classification of wind power development area

5.2. Preliminary classification of areas with wind potential and classification according to the criteria of technical and theoretical wind power potential.

5.3. Determination and classification of areas with capacity of wind power development.

5.4. Classification of areas with potential of wind power development.

Chapter 6. Financial, economic and technical target for the wind power development

6.1. Determination of technical targets of wind power

6.2. Determination of financial and economic targets of wind power projects.

6.3. Determination of wind power subsidiary by each 5-year period.

Chapter 7. Environmental impact assessment in operation of wind power

7.1. Assessment of impact of land use.

7.2. Relocation

7.3. Environmental impact assessment

7.4. Conclusion

Chapter 8. Solutions, mechanism and policies

8.1. Main solutions of capital and procedures

8.2. Mechanism and policies on support of wind power development.

8.3. Implementation organization

Chapter 9. Conclusion and proposal

B. Annexes, drawings and maps

ANNEX 2

CONTENT OF PLANNING SCHEME OF PROVINCIAL-LEVEL WIND POWER DEVELOPMENT PROJECT
(Issued together with Circular No. 06 / 2013/TT-BCT dated March 8, 2013 of the Minister of Industry and Trade)

A. Part of explanation

Chapter 1. An overview of wind power development in Vietnam and provinces

1.1. Technology and trend of wind energy development.

1.2. National and regional policies regarding the development of wind power.

1.3. Current status of wind power development in Vietnam and studies of existing wind power potential in Vietnam

1.4. Research methods for planning

1.5. Mechanisms to support the wind power development

Natural and socio-economic characteristics of provinces

2.1. Natural characteristics

2.1.1. Geographical location

2.1.2. Topographical characteristics

2.1.3. River characteristics

2.1.4. Meteorological characteristic

2.2. Social - economic characteristics

2.2.1. Social – economic current status

2.2.2. Social – economic development direction

2.3. Current status and land use plan

Chapter 3. Current status and development direction of power and grid in provincial areas.

3.1. Current status of provincial power and grid.

3.2. Provincial power load demand

3.3. Power development plan in provincial areas in the next 10 and 20 years.

Chapter 4. Determining technical and theoretical wind power potential and capacity of wind energy of provinces.

4.1. Input data.

4.2. Methods for data processing.

4.3. Main results.

4.4. Wind characteristics

4.5. Wind atlas map corresponding to the typical height.

4.6. Determination of areas with wind potential for wind power development.

4.7. Re-assessment of the theoretical wind potential by surveying data

4.8. Determination of technical and theoretical wind power capacity by each area.

Chapter 5.Regional planning for the wind power development and List of wind power projects by 2020 with a vision to 2030: Area and boundary of areas for development of wind power projects; scale and capacity of wind power projects.

5.1. Selection criteria

5.2. Preliminary classification

5.3. Determination and classification of areas with capacity of wind power development.                    

5.3. List of wind power projects (Area and boundary of wind power development area; scale and capacity of each wind power project).

Chapter 6. National power system connection direction.

6.1. Supply of connection voltage of each area

6.2. Connection capacity to power system at connection points.

Chapter 7. Investment capital demand and financial performance of projects

7.1. Technical and economic targets of grid-connected wind power projects

7.2. Estimated total investment

7.3. Investment phase and estimated supporting demand under Decision No. 37/2011/QĐ-TTg by each period.

7.4. Estimated investment rate of projects of each area.

7.5. Analysis of the financial performance of projects.

Chapter 8. Environmental impact assessment in operation of wind power

8.1. Assessment of impact of land use 8.2. Tái định cư Relocation

8.3. Environmental impact assessment

8.4. Conclusion

Chapter 9. Solutions, mechanism and policies

9.1. Main solutions

9.2. Mechanism and policies

9.3. Implementation organization

Chapter 10. Conclusion and proposal

B. Annexes, drawings and maps