^{_{MINISTRY OF SOCIALIST REPUBLIC OF VIETNAM INDUSTRY AND TRADE}}

^{_{Independence – Freedom - Happiness}} 

   No.:     06 /2013/TT-BCT                                                                                                                                               Hanoi, March 08, 2013

 ^{_{CIRCULAR Regulation on the Content, Process and Procedures for Preparation, Validation and Approval of Wind Power Development Planning}} 

Pursuant to the Electricity Law dated December 03, 2004; 

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

Pursuant to the Decision No. 37/2011/QD-TTg dated June 29, 2011 by the Prime 

Minister with regards to the supporting mechanism to develop wind power projects in Vietnam; At the proposal of the Director General of General Directorate of Energy, Minister of Industry and Trade hereby issues the Circular on the content, process, procedures for preparation, appraisal and approval of wind power development planning: 

Chapter I GENERAL PROVISIONS 

^{_{Article 1. Governing scope and applicable subjects}} 

1. This Circular stipulates the content, order and procedures for preparation, validation and approval of wind power development planning on national and provincial levels. 
2. This Circular subjects toapply to organizations and/or individuals involving in the preparation, appraisal and approval of wind power development planning in Vietnam. 

^{_{Article 2. Definition and interpretation}} 

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

1. Theoretical wind power potential means wind power potential determined at the wind speed of at least 6.0 m/s at a height of 80 m. 
2. Technical wind power potential means wind power potential, with which a wind power project can be implemented and operated using currently available engineering practices and technologies. 
3. Financial wind power potential means wind power potential, with which wind power project can be implemented efficiently and bring profits to the project owner. 

Chapter II  

CONTENT, PROCESS AND PROCEDURES FOR PREPARATION, APPRAISAL AND

APPROVAL OF NATIONAL WIND POWER DEVELOPMENT PLANNING  

^{_{Article 3.National wind power development planning}}

 National wind power development planning is the planning project designed to identify the overall theoretical and technical wind power potential across the country, distribution of wind potential by regions or provinces at specific phases by 2020, and with vision to 2030.

^{_{Article 4. Content of national wind power development planning}} 

 1. National wind power development planning (hereinafter referred to as Planning Project) includes below main contents:   

a)             An overview of wind power development in the world and in Viet Nam: Current state of wind power exploitation, supply and application; Development trend; Methods and support mechanism for wind power; State of wind power development in Viet Nam and studies on wind power potential in Viet Nam. 

b)             Natural and socio-economic chracteristics of Viet Nam: Current state and development plan by 2020, and with vision to 2030.  

c)             Current status and Viet Nam national power grid development planning by 2020, and  with vision to 2030. 

d)             Identification of theoretical and technical wind power potential, possibility of making use of wind power in Viet Nam. 

đ)             List of regions with theoretical and technical wind power potential.  

e)             Technical, economic and financial criteria for wind power development. 

g)             Environmental impacts assessment for wind power projects. 

h)             Solutions and policies. 

i)              Conclusion and recommendation. 

2. Detailed content of national wind power development planning is provided in Appendix 1 of this Circular.  

^{_{Article 5.Process, procedure for preparation and validation of national wind power development planning}} 

1. Development of detailed outline and selection of consultants 

a)             Based on the planned budget available for national wind power development planning, the General Directorate of Energy shall prepare detailed outline, cost estimation, and schedule for developing the Planning Project and submit to the Minister of Industry and Trade for approval; 

b)            The General Directorate of Energy  selects a properly qualified consultant in accordance with current regulations, to develop the Planning Project based on the approved outline and cost estimation then submits to the Minister of Industry and Trade for approval.  

2. Preparation and submission for appraisal of national wind power development planning 

a)             The selected consultant shall develop the national wind power development planning in strict accordance with the approved outline and deadline; 

b)            During the preparation of the Planning Project, the consultant shall submit interim reports to relevant authorities for comments and adjusts the Planning Project accordingly; 

c)             After the Planning Project preparation is completed, the consultant shall submit Planning Project Document to the General Directorate of Energy for appraisal.  

d)            The appraisal document of the national wind power development planning shall comprise: 

-       Fifteen (15) copies of Planning Project documentation and one (01) CD/DVD/USB containing report files about the Planning Project and other supporting documents (complete wind measurement data used for developing the Planning Project and other related documents). 

-       Fifteen (15) copies of summary report of the Planning Project.

^{_{Article 6.Appraisal, approval and publication of national wind power development planning}} 

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

a)             The General Directorate of Energy shall appraise the Planning Project within thirty (30) working days after receiving the complete valid application. If necessary, the General Directorate of Energy may hire a consultant or an opponent consultant to support the appraisal process; 

b)            Within five (05) working days as of the receipt of valid application, the General Directorate of Energy shall send out writing correspondence to collect comments on the Planning Project to related agencies and localities;  

c)             The relevant agencies and localities shall study the Planning Project application and provide feedbacks in writing to the General Directorate of Energy within fifteen (15) working days as of the receipt date of the comment collecting correspondence; 

d)            Within ten (10) working days as of the receipt date of feedbacks from relevant agencies and localities, the General Directorate of Energy  shall complete and submit a final appraisal report to the Minister of Industry and Trade; 

 đ) In case the Planning Project needs modification and revision, the General Directorate of Energy shall request in written form to the consultant team to revise the Planning Project documentation accordingly. Within fifteen (15) working days as of the receipt date of revision request, the consultant team shall   complete then submit the Planning Project documentation to the General Directorate of Energy;  

e)             Within fifteen (15) working days as of the receipt of the completed Planning Project documentation, the General Directorate of Energy shall report to the Minister of Industry and Trade for appraisal and submit to the  Prime Minister for approval; 

g)             The application submitted to the Prime Minister shall comprise: 

-               Application for Planning Project approval. 

-               Drafted approval decision on Planning Project. 

-               Final Planning Project Document.  

-               Summary report on Planning Project. 

-               Written feedbacks from related agencies and localities.

-               Clarifications and on receipt of   feedbacks of relevant agencies and localities have been taken into account.

2. The General Directorate of Energy is responsible for publishing the final national wind power development planning on its official gazette and website. 

3. Expenses for the appraisal and publication of the national wind power development planning shall be in compliance with current legal regulations. 

4. Based on socio-economic characteristics at specific period of time, Minister of Industry and Trade shall request the Prime Minister to revise, adjust the national wind power development planning.

Chapter III 

CONTENT, PROCESS AND PROCEDURES FOR PREPARATION, APPRAISAL AND

APPROVAL OF PROVINCIAL WIND POWER DEVELOPMENT PLANNING 

^{_{Article 7.Provincial wind power development planning}}

 Wind power development planning of provinces and cities of first category (hereinafter referred to as provincial wind power development plan) is a Planning Project designed to identify the overall theoretical and technical wind power potential and distribution of wind potential across an individual province. 

^{_{Article 8. Content of provincial wind power development planning}}

1. Provincial wind power development planning (hereinafter referred to as Planning Project) includes following main chapters:   

a)  Overview of wind power development in Viet Nam and in the province. 

b)  Natural and socio-economic characteristics of province.

c)  Current state of and development plan for power source and power grid in the province. 

d)  Identification of theoretical and technical wind power potential, possibility of making use of wind power in province. 

đ) Regional planning for wind power development and List of wind power projects: Areas and boundaries of land areas for wind power generation; capacities of wind power projects.  

e)  Solution for power integration into national power grid. 

g)  Investment capital demand and financial efficiency of the project. 

h)  Environmental impacts assessment of wind power projects. 

i)  Solutions and support mechanism. 

k) Conclusion and recommendations. 

2. Detailed content of provincial wind power development planning is provided in Appendix 2 of this Circular.  

^{_{Article 9.Process, procedure for preparation and appraisal of provincial wind power development planning}}

1. Development of project outline and selection of consultant 

a)  Based on the planned budget for planning, the provincial Department of Industry and Trade shall develop a Planning Project including project outline, cost estimation and submit to the provincial People’s Committee (hereinafter referred to as provincial committee) for approval; 

b)  The provincial Department of Industry and Trade shall select a properly qualified consultant to develop the Planning Project based on the approved project outline and cost estimation then submit  to the provincial People’s Committee for approval. 

2. Development and submission of provincial wind power development planning 

a)  The selected consultant shall develop the provincial wind power development planning in strict accordance with the approved project outline and deadline; 

b)  During the development of the Planning Project, the consultant shall submit interim reports to relevant authorities for comments and complete the Planning Project;  

c)  The provincial Department of Industry and Trade shall collect comments from relevant agencies, provincial Electricity Company, and Regional Electricity Corporation on the Planning Project. Within fifteen (15) working days as of the receipt of the request for comments, the relevant agencies and localities shall provide feedbacks in writing to the provincial Department of Industry and Trade on the Planning Project; 

d)  Application submitted to the Ministry of Industry and Trade shall comprise:  - Request for approval of Planning Project by provincial People’s Committee. 

-                Ten (10) copies of completed Planning Project Document and one (01) CD/USB containing report files about the Planning Project and other supporting documents (Statement, Appendix, data, figures, suggestions of relevant authorities and other reference documents). 

-                Ten (10) copies of summary report of the Planning Project. 

-                Feedbacks in writing from relevant agencies and localities. 

-                Clarification and receipt of feedbacks/ comments from relevant agencies and localities . 

 ^{_{Article 10. Appraisal, approval and publication of provincial wind power development planning}} 

1. Appraisal and approval of provincial wind power development planning 

a)             The General Directorate of Energy shall appraise the Planning Project within thirty (30) working days as of receipt of the valid application. If necessary, the General Directorate of Energy may hire consultant or an opponent consultant for appraisal. 

b)            Within five (05) working days as of the receipt of valid application, the General Directorate of Energy shall send out correspondence to collect comments on the Planning Project to relevant agencies and localities;  

c)             Agencies and localities shall study Planning Project application and provide feedbacks/ comments in writing to the General Directorate of Energy within fifteen (15) working days as of the receipt of the request for comments; 

d)            After the receipt of official feedbacks from relevant agencies and localities, the General Directorate of Energy  shall complete and submit a final appraisal report to the Minister of Industry and Trade for consideration and approval; 

 đ) In case the Planning Project needs adjustment, within five (5) working days as of the receipt date of revision request, the General Directorate of Energy shall request in writing the Provincial People’s Committee to revise it accordingly;  

e)             Within fifteen (15) working days as of the receipt of the final Planning Project Document, the General Directorate of Energy shall submit to the Minister of Industry and Trade for approval. 

2. Provincial People’s Committee is responsible for publishing the final national wind power development planning on its   website. 

3. Cost for appraisal and publication of the provincial wind power development planning shall be incompliance with the applicable laws and regulations. 

4. Based on socio-economic characteristics at specific phase, Chairman of Provincial People’s Committee shall request in writing the Minister of Industry and Trade to review and/or revise the provincial wind power development planning. 

Chapter IV

IMPLEMENTATION ORGANIZATION 

^{_{Article 11. Implementation organization}} 

1. The General Directorate of Energy shall communicate, instruct and monitor the implementation of this Circular. During the course of implementation, if there arises any issue, the General Directorate of Energy shall cooperate with relevant agencies and localities to review and propose the Minister of Industry and Trade to review and/or revise the Circular. 
2. People’s Committee of provinces and centrally administered cities shall monitor, supervise and inspect the development and operation of wind power projects in localities in accordance with the approved provincial wind power development planning.   
3. For projects having been approved by relevant authorities with regards to outlines, duties and cost estimation prior to the effective date of this Circular, and consultant contracts have been signed, they shall be implemented in accordance with the binding decision. 
4. In case of projects with outlines having been approved by relevant authorities prior to the effective date of this Circular, but consultant contracts have not been signed yet, they shall be implemented in accordance with this Circular. 

^{_{Article 12. Transition provision}} 

Article 13. Validity 

This Circular shall take effect as of May 01, 2013./. 

 ^{_{Receivers:                                                              ON BEHALF OF MINISTER}} 

-  Prime Minister and Deputy Prime Ministers;                                                         DEPUTY MINISTER 

-  Office and other Departments of Central Party Committee;                                                                                                      

-  Office of National Assembly;                                                                                        Signed 

-  Office of General Secretary; 

-  Office of State President;    

-  People’s Supreme Court; 

-  State Audit of Vietnam;       

-  Office of Central Steering Committee on  Anticorruption;                                        Le Duong Quang

-  Ministries, ministerial agencies, and governmental agencies; 

-  People’s committee of provinces and centrally administered cities;

- Official gazette; 

-  Government website; 

-  MOIT website; 

-  General Directorate of Energy website; 

-  Ministry of Justice (Department of Examination of Legal Normative Documents); 

-  Departments of Industry and Trade of provinces and centrally administered cities); 

-  Vietnam Electricity Corporation; 

-  Archives, General Directorate of Energy, PC.