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Vietnam Seals the Deal: The Regulatory Framework for BESS PPAs — Pricing, Risk Allocation and Bankability

Written by Senior Foreign Counsel Vaibhav Saxena

Circular No. 62/2025/TT-BCT (“Circular 62”) issued on 10 December 2025 establishes Vietnam’s first comprehensive regulatory framework governing standalone Battery Energy Storage Systems (BESS) connected to the national power system. The Circular provides:

  • The methodology for determining and approving annual electricity generation price brackets for BESS;
  • The methods for calculating electricity generation service prices of BESS;
  • Detailed pricing, adjustment, and settlement formulas, including foreign exchange adjustment mechanisms;
  • A regulated Power Purchase Agreement (PPA) framework, including mandatory minimum contents.

Circular 62 issued by the Ministry of Industry and Trade of Vietnam (MoIT), effective 26 January 2026, is a key implementing instrument of the Law on Electricity 2024, directly impacting BESS investors, lenders, EVN, power corporations, electricity market operators, and offtakers. While it adopts bankability-oriented principles (cost recovery, FX adjustment, IRR cap), pricing remains highly regulated and formula-driven.

Application and Exclusions

Regulated Entities

Circular 62 applies to:

  • Owners of standalone BESS projects:
    • Voltage level: 110 kV or higher;
    • Capacity: 10 MW or higher;
    • Connected to the national power system;
    • Developed in accordance with the adjusted Power Development Plan VIII (2021–2030, vision to 2050);
  • Electricity system and electricity market operators (including NSMO);
  • Vietnam Electricity (EVN) and its member Power Corporations;
  • Other relevant organizations and individuals.

Explicit Exclusions

The pricing methods and PPA contents under Circular 62 do not apply to:

  • BESS integrated with renewable energy power plants under Circular 12/2025/TT-BCT;
  • BESS invested by Power Corporations under Circular 17/2025/TT-BCT.

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