Skip to Content

A New Legal Era for Energy in Vietnam – National Assembly Introduces Special Mechanisms to Unlock Power and Infrastructure Investment

Written by Foreign Counsel Vaibhav Saxena

On 11 December 2025, the National Assembly of Vietnam adopted Resolution No. 253/2025/QH15 on special mechanisms and policies for national energy development during the 2026–2030 period. The Resolution will take effect on 1 March 2026 and remain effective until 31 December 2030, subject to transitional protections for approved projects.

The Resolution establishes an exceptional, time-limited legal framework designed to accelerate investment, remove procedural bottlenecks, strengthen energy security, and facilitate Vietnam’s energy transition. It introduces planning flexibility, expedited approvals, investor-friendly power pricing rules, expanded offshore wind and DPPA regimes, and special treatment for urgent power, oil, and coal projects.

Ambit

The Resolution governs mechanisms and policies applicable to:

  • Adjustment and updating of national power development planning and provincial power grid planning;
  • Investment in power generation and power grid projects;
  • Offshore wind power development;
  • Direct power purchase agreements (DPPA);
  • Investment in oil and coal projects.

The Resolution does not apply to projects falling under the authority of the Steering Committee established pursuant to Decision No. 751/QĐ-TTg dated 11 April 2025 i.e. for resolving outstanding projects obstacles.

It applies to all organizations and individuals engaged in electricity, oil, coal, and related activities in Vietnam.

Planning “Adjustment and Update”

The Resolution introduces a novel concept of “adjustment and update of planning”, which is distinct from formal planning revisions under the Law on Planning. This mechanism allows competent authorities to update specific planning contents without altering:

  • Strategic viewpoints;
  • Development objectives;
  • Major orientations; or
  • Total installed capacity by energy source already approved.

Key principles include compliance with energy laws, national energy security, system safety, transparency, and strict anti-corruption controls.

Permitted adjustments include:

  • Modifications to power source projects and BESS projects (name, capacity, location, schedule);
  • Replacement of delayed or non-implemented projects;
  • Addition of BESS projects to enhance system operation;
  • Adjustment and supplementation of power grid projects to ensure synchronization and capacity evacuation;
  • Adjustments required to implement international agreements.

Approval authority is decentralized to:

  • The Minister of Industry and Trade for national power development planning; and
  • Provincial People’s Committee Chairpersons for provincial grid plans.

Importantly, such adjustments do not require a strategic environmental assessment.

Streamlined Investment Regime for Power Grid Projects

Power grid investment projects included in approved power development plans or provincial plans are exempt from investment policy approval procedures.

Depending on the investor selection method:

  • Approved planning or project approval decisions (non-tender cases), or
  • Tender result approval decisions (tender cases)

serve as the legal basis for land allocation, sea area allocation, land-use conversion, forest-use conversion, and related procedures.

Investor Selection Without Auction or Tender

Beyond existing exemptions under electricity, investment, and land laws, the Resolution allows direct investor approval (without land auction or tender) for:

  • National and regional electricity system operation and dispatch centers;
  • Offshore wind projects under the Resolution;
  • Power projects implemented on land legally acquired by investors;
  • Urgent power projects required to safeguard energy security.

For grid projects proposed by wholly state-owned enterprises, provincial People’s Committee Chairpersons must decide on investor approval within 30 days. Special rules apply to inter-provincial grid projects.

Preferential Support for Power System Operation Infrastructure

The National Power System and Market Operation Company (single-member limited liability company) is granted an exemption from the three-year operational history requirement when assessed for on-lending or Government guarantee eligibility.

Electricity Pricing and Power Purchase Agreements

For competitively tendered power projects other than thermal power, small modular nuclear power, and offshore wind:

  • The winning electricity price becomes the PPA price;
  • Such price must not exceed the applicable price ceiling in the tender year.

PPA negotiations must be completed within 30 days from submission of valid negotiation dossiers.

This regime applies to projects scheduled to operate during 2026–2030 under approved planning.

Offshore Wind Power Development Framework

(a) Projects Operating During 2025–2030

Offshore wind projects selling electricity to the national grid may be:

  • Approved without auction or tender;
  • Approved concurrently with investor approval by the Prime Minister.

Such projects must:

  • Comply with national defense, security, maritime, oil and gas, and marine environmental requirements; and
  • Be included in approved power development planning.

Electricity prices must not exceed the offshore wind price ceiling applicable at the time of negotiation.

(b) Projects Operating During 2031–2035

Investment policy approval authority is delegated to provincial People’s Committees, subject to written consensus from multiple central ministries, including defense, public security, foreign affairs, industry and trade, finance, construction, and agriculture and environment.

Power collection points must align with approved planning or be approved by the Ministry of Industry and Trade.

Survey costs may be accounted for as business expenses in cases where projects are not awarded or are not feasible.

Expansion of Direct Power Purchase Agreements (DPPA)

The Resolution confirms that electricity prices under DPPA arrangements—whether via private connection lines or the national grid—are freely negotiated between buyers and sellers.

DPPA participation is expanded to include electricity retailers operating in:

  • Industrial zones, economic zones, export processing zones;
  • High-tech zones, digital technology zones;
  • High-tech agricultural zones;
  • Urban areas and free trade zones.

The Ministry of Industry and Trade will regulate large-customer eligibility thresholds.

Introduction of Small Modular Nuclear Power

The Resolution formally recognizes Small Modular Reactor (SMR) nuclear power, consistent with IAEA classifications, and:

  • Encourages participation by both state-owned and private enterprises;
  • Requires strict compliance with nuclear safety and security laws;
  • Authorizes the Government to issue phased investment mechanisms based on technology maturity and demand.

Special Regime for Urgent National Oil and Coal Projects

Nationally important and urgent oil and coal projects:

  • Are exempt from investment policy approval requirements;
  • May proceed directly with land, sea, and forest procedures based on project approval or tender results;
  • May continue compensation and site clearance activities despite related planning adjustments.

Provincial People’s Committee Chairpersons decide investor approval for such projects within 30 days when proposed by wholly state-owned enterprises.

Transitional Protection and Legal Supremacy

Projects approved under the Resolution:

  • Continue to enjoy applicable mechanisms and incentives even after expiry until completion;
  • May apply the most favorable legal regime where inconsistencies arise with other laws or resolutions.