IMPORTING LNG FOR LNG POWER PLANT

1. Pursuant to Article 6 of Decree 87 of the Government dated 13 March 2018 on gas trading (Decree 87), an entity involving in the import of LNG for trading in Vietnam needs to obtain a certificate on satisfaction of conditions applicable to LNG importing/exporting merchant (Import Certificate) from the Ministry of Industry and Trade (MOIT) before doing such activity.

2. The requirements of Decree 87/2018 seem to be drafted with entities importing LNG to trade in Vietnam in mind, but not for own consumption purpose, for example, a LNG power plant (LNG Power Plant) imports LNG to turn it into power. That said, if the LNG Power Plant imports LNG for own consumption purpose, it is advisable to apply for the Import Certificate because (i) there are no specific regulations guiding how to import LNG for own consumption purpose and (ii) the conditions to issue the Import Certificate set out in Decree 87/2018 mainly focus to ensure the safety of the LNG import activities.

Draft New Decree on Personal Data Protection in Vietnam

On 9 February 2021, the Ministry of Public Security issued a draft decree on the protection of personal data (Draft Decree). This decree, once enacted, will be the first comprehensive legislation of Vietnam on personal data. This blog will analyze some key points of the Draft Decree and compare them with the relevant provisions under the General Data Protection Regulation (GDPR). This post is written by Nguyen Thu Giang and edited by Nguyen Quang Vu. Please download the pdf version here.

New Decree 31/2021 guiding the implementation of the Investment Law 2020 on the Market Entry of Foreign Investors

The Government has issued Decree 31/2021/ND-CP (Decree 31/2021) which becomes effective on the signing date, 26 March 2021. Decree 31/2021 provides certain appreciable provisions guiding the negative list approach and the application of market entry conditions of the Investment Law 2020. These implementing provisions (as discussed in this post) are expected to provide more certainty and transparency to foreign investors.

This post is written by Ha Thi Dung.

Please download the full pdf version Here

Model PPAs for LNG and Coal Fired Power Projects under Circular 57/2020

1) Background

a) On 31 December 2020, the Ministry of Industry and Trade (MOIT) issued Circular 57/2020 regulating the method to calculate the tariff, and the power purchase agreement. Circular 57/2020 replaces Circular 56/2014 from 22 February 2021.

b) In this post, we will provide our comparison of Circular 57/2020 with Circular 56/2014.

Please download the pdf version here.

This post is written by Nguyen Hoang Duy and edited by Nguyen Quang Vu.