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.

Read MoreInfo
Comment
Written by Nguyen Quang Vu On In ,

Tariff Calculation 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 summaries and comments on the tariff calculation of the model power purchase agreement under Circular 57/2020 (Model PPA) between an independent power producer (IPP) as the seller, and Vietnam Electricity Corporation (EVN) as the buyer.

Please download the pdf version here. This post is written by Nguyen Hoang Duy and edited by Nguyen Quang Vu.

Read MoreInfo
Comment
Written by Nguyen Quang Vu On In , ,

Private placement of shares and pre-emption rights of existing shareholders under Enterprise Law 2020

Under Article 125.2(b) of the Enterprise Law 2020, except for the cases of merger and consolidation of companies, when a non-public joint stock company (a target company) plans to conduct a private placement of shares, the existing shareholders must be offered to purchase such shares first. Only after the existing shareholders do not subscribe for new shares, the target company could conduct a private placement of shares. While the new regulations clarify an unclear point before the Enterprise Law 2020, they could increase the risks that a target company may not be able to successfully issue shares to a desirable investor via a private placement. Below are some potential mechanism to mitigate such risks.

Read MoreInfo
Comment
Written by Nguyen Quang Vu On In ,

Communication with a prospective arbitrator by a party in a VIAC arbitration proceeding

Rule 16.4 of VIAC arbitration rules does not allow an arbitrator to privately meet or contact any party relating to the dispute “during arbitration proceeding”. VIAC rules do not regulate the communication between a party with a prospective arbitrator before such party appoints its own candidate. As such, a party in a VIAC arbitration proceedings could arguably have private meeting and discussion with a prospective arbitrator to discuss the dispute. In particular,

Read MoreInfo
Comment
Written by Nguyen Quang Vu On In ,