Circular 32/2012/tt-Bct: Rules Make Developing Wind Power Projects And Power Purchase Contracts For Wind Power Projects

Original Language Title: Thông tư 32/2012/TT-BCT: Quy định thực hiện phát triển dự án điện gió và Hợp đồng mua bán điện mẫu cho các dự án điện gió

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MINISTRY OF COMMERCE
Numbers: 32 /2012/TT-BCT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 12, 2012

IT ' S SMART
The regulation implementation of the wind power project development and contract purchase contract for wind power power projects.
____________________________________

Base of Protocol 189 /2007/NĐ-CP December 27, 2007 of the Government regulates the function, mandate, jurisdiction and organizational structure of the Ministry of Commerce and the Digital Protocol. 44 /2011/NĐ-CP June 14, 2011 by the Government on the amendment, the addition of Article 3 of the Digital Protocol 189 /2007/NĐ-CP;
Power Power Base. 28 /2004/QH11 December 3, 2004;
Base Decision Base 37 /2011/QĐ-TTg June 29, 2011 by the Prime Minister on the mechanism of supporting the development of wind power projects in Vietnam;
The Minister of Public Works Department of Commerce provides the implementation of the wind power development and the contract purchase contract for wind power projects as follows: :
Chapter I
GENERAL REGULATION
Number one. Apply Scope and Apply Objects
1. This information regulates the development of the wind power project and issued a procurement contract for electric power projects in Vietnam (later known as the Procurement Contract).
2. This information applies to the following subjects:
a) the owner of the wind power project;
b) organizations that develop wind power projects for business to buy, sell electricity;
c) The unit manages and operates wind power works;
d)
Organizations, other individuals are involved.
Article 2. Explain the word
In this Information, the words below are understood as follows:
1. is the Vietnam Electric Power Corporation or the authorized subordinated unit.
2. is the manufacturing business, which operates sales of electricity from wind power projects.
3. The unit of management and operation of wind power works is the direct organization that performs management and operator of the wind power project that connects the grid or does not connect the grid. This organization may be the owner of the investment or unit that is either the owner of the lease or the implementation of the management and operation of the wind power project.
4. Land area for the survey, investment research investment research is the limited area within the geographical boundaries of the Provincial People's Committee, the Central Committee of the Central Committee of the Central Committee for the investor to implement the survey, the study of wind potential assessment of the wind power project in one time. It's a permit. This area is only allowed to be used for survey activities, such as constructing wind shear, geological surveys, terrain (if available).
5. Land Use Area of the wind power project is the total area of the wind turbine, the area of the corridors protecting the wind turbine base, the corridor of the power lines, the transformations and the area of the corridors protecting the transformer station, the area of the building of the internal and internal transportation systems. Executive management. The land use area has a limited jurisdiction assigned to the owner of the project in the entire project life.
6. Land Use Area of the wind power project is an investment section of the investment that is allowed to be used temporarily for the construction of the wind power project, including: the public service for the construction of the public, the facilities, the construction site, the construction site, the workers ' makeshift camp, and other auxiliary sites. Following the completion of the work, the area of land use temporarily not part of the land use area would have been granted by the Provincial People's Committee, the Central City of the Central Committee to use for other purposes.
7. Safe Corridor is the safe corridor of the wind tower column, the power transmission line; the transformer station and the auxiliary categories.
8. The safety corridor of wind turbine It ' s a circular shape, the center of the wind tower, the minimum radius of the wind tower plus the turbine propeller radius.
Chapter II
WIND POWER PROJECT DEVELOPMENT
Third. List of wind power projects
1. Prior to November 30 annually, the General Energy Directorate and the report of the Ministry of Commerce approved the Board of Wind Power Projects will be allowed to develop in the next year and expected in the next year (05) the following year.
2. The wind power project in the category of wind power projects introduced annually and in the planning cycle must be consistent with the National Electric Power Development Planning and the Provincial Power Development Planning has been approved in each phase.
3. Catalogue of wind power projects established and classified as a base on the development potential of the local and local wind power development, the number of registration projects must follow the principle of prioritily mobiling projects of economic efficiency, high finance, which has a means of succession. and dissolving the capacity into the good system, which is clean, the pre-registration project will be considered for pre-development.
4. Catalogue of wind power projects including related information, including: project name, location, area, and area boundaries development of the wind power project, the capacity scale of each wind power project, envisage the project to connect wind power projects into the electricity system. You know, the idea of progress and timing in the project.
5. On the basis of the approved provincial wind power development planning, the category of wind power projects must be updated to the portfolio of power-source projects in the Provincial Power Development Planning and must stipulate the specific connection of wind power projects into the system. The national power grid.
Article 4. Proposed new wind power project to the wind power development planning
1. The wind power project is allowed to propose to areas where the project area is not yet in the List of approved wind power projects. The scale of the proposed wind power project must be consistent with the approved potential area of the National Wind Power Planning or the Provincial Wind Power Planning where the proposed project is located.
2. The investor proposes a proposed wind power project under the law on the investment of construction of the Provincial People's Committee, the Central City of China (later known as the Provincial Council) where there is a project. On the basis of a project proposal, the UBND prefated the filing of a project to add the project to the wind power development planning (later known as the Planning Repleniel Filing) in accordance with Article 5 that reports the Ministry of Commerce.
3. The Energy Directorate responsible for organizing the appraisal of the File appraisal offers to add the planning addition in the thirty (30) days of work since the date of receiving enough valid records. In the case of necessity, the General Energy Administration is allowed to employ appraisal advisory, countenor of the appraisal of the appraisal of the appraisal. On the basis of the appraisal result, the Energy Directorate reported the Minister of Commerce to review, the decision.
4. The project size base, the Minister of Commerce will review, approve the addition of the project to the wind power development planning and approval of project investment in accordance with the authority or the Prime Minister approx of adjustment, the addition of development planning. the wind power and the approval of the project investment.
5. The profile offers to add the project to the wind power development plan:
The profile offers to add the project to the wind power plan including:
a) The Chair of the Chair of the UBND Chair offers to add the project to the wind power project plan;
b) Basic information on the investment holder: Documents on legal status, business registration, key personnel, project execution experience, financial capacity, engineering, which needs to manifest a list of already implemented projects (including industrial projects and projects). the electricity sentence) within the last five years and the auditor ' s audits audits within the last three years;
c) Information on the proposed wind power project:
-The need to invest in project construction, favorable and difficult conditions, the extraction regime and the use of the national resources (if any); the project.
-Project description: location, scale and area of construction work, project categories of the project; the content of industry planning, local planning;
-Wind measurement results in the positions of the project range for a minimum period of 12 consecutive months by regulation at paragraph 4, Article 5 This Information;
-The preliminary of the execution solutions, including: p Engineering, technology and power. p It's a match. () the installation of the device; progress and the form of project management; the general approach to the project. about resettlement compensation and the method of supporting the construction of engineering infrastructure if there are; plans and cost methods;
-Assessment of environmental impact, fire department solutions, firefighting and security requirements, defense; and more.
-The total investment of the project; the capacity to obtain capital, capital and capital capacity according to progress; analysis of economic efficiency assessment-finance, social efficiency of the project.
d) The opinion of the General Electric Power Corporation or the electricity transmission unit (if it connects to the transmission power system) on the Profile of the Replenishable Supplement.
Article 5. Demand for wind measurement and wind measurement report
1. The measurement of the wind is carried out at representative positions, which are within the scope of the project area for a minimum period of twelve (12) months of continuous. The number of wind measurements must be consistent with the change of the project area. For the project with projected capacity greater than fifty (50) MW (land area used for wind potential evaluation research greater than one thousand (1000) ha, the investor must install and operate at least two (02) wind measurements in the project area.
2. For the wind power project in the portfolio of power projects of the electricity development planning or the approved provincial wind power development planning, the investor must have the research results, evaluate the wind potential before setting up and approving the investment project. Yeah. In the case of the wind power development planning, the number of full wind measurements at the project site, the investor may use this set of figures for the public's construction and approval of the investment project. In the case of the wind power development planning case that has not had adequate wind measurements, the investor must perform research, evaluate the wind potential by regulation.
3. For newly proposed wind power projects not included in the Board of Projects of the Approved Provincial Wind Power Development Planning, the investor performs a wind measurement under the regulation after being granted provincial approval of the provincial UBND to make an additional proposed Profile base. The plan, approved the investment in the wind project, and the investment of the wind power project.
4. Wind measurement reports include content on the implementation methodology, wind measurement, implementation method, device description, wind measurement results, and wind measurement analysis. The standard amount of wind measurements are standard and sufficient quantity, full of information on wind speed statistics, wind frequency, wind flowers, energy distribution maps, air humidity, solar radiation, atmospheric pressure. Wind measurements must be collected from wind measurements of a minimum of sixty (60) m, the frequency of ten (10) per time, the minimum collection period of twelve (12) months at the measured points of the project area at the project's location.
5. The investment owner is responsible for sending the Department of Commerce and the Energy Directorate General Energy Reporting results (including the original set of figures) within eighteen (18) months from the date given by the competent authority to conduct research on wind potential assessment at the project location. Murder.
Number 6. Wind power development investment project
1. The investment owner only set up wind power investment projects under the portfolio of wind power projects approved by the Minister of Commerce. Wind power investment project follows the existing regulations on building investment management and by regulation at paragraph 4 This.
2. For wind power projects that are being invested in different stages and the total capacity of each stage at the time of the broadcasting operation in different years, the investment holder is responsible for the project's investment project. The time case for the operation of the project is expected to deviate more than six (6) months ahead of the regulatory progress in the wind power development planning, the investor is responsible for reporting the Energy Directorate review, through.
3. The equity ratio of wind power projects is not less than twenty percent (20%) of total investment.
4. Content of wind power investment project by law management investment management, including the following main content:
a) Report the resulting wind measurement results at paragraph 4 Article 5 of this message;
b) the land use area for the wind power project;
c) Assessment of the impact of the wind power project against the regional power system;
d) Plan and project cost, the technique of serving dismantling and handling of the wind power plant equipment after the end of the project.
5. UBND level the provincial level certificate for investment holder after having the Ministry of Commerce ' s consent text on the suitcases of the wind power project on the planning of wind power development and the portfolio of approved wind power projects.
Article 7. The launch conditions for the wind power project.
The wind power project is only started to be built upon meeting conditions under the regulatory management of the construction of the building and ensuring full of the following conditions:
1. There is an investment certificate.
2 There is a contract to purchase electricity signed with the Purchase.
3. There is a connection agreement with the Coordination Unit or the Electrical transmission unit.
4. Has the contract to provide financing and commitment to the capital to ensure the progress of construction on the right to progress has been approved in the construction project investment project.
Article 8. End of the wind power project.
Termination of the implementation of the wind power project is applied to one of the following cases:
1. Within twelve (12) months from the date of being issued by the Certificate of Investment, if the investment holder does not begin to build the main item of the work, the provincial UBND is responsible for consideration to recover the investment certificate and report of the Ministry of Commerce. Where there is a legitimate reason, the project can be approved for extended progress but not more than twelve (12) months from the progress of recording in the Certificate of Investment.
2. A maximum of twenty-four (24) months from the date of the commitment to operate in the Investment Certificate, if the project has not yet entered commercial broadcasting, the provincial-level UBND is responsible for considering the decision to end the investment project, revoking the investment certificate. is not responsible for the damage to the investment owner and the Department of Commerce reports the decision to end the investment project.
Article 9. Report mode and operation management
1. In the tenth (10) days of work since the investment project is approved, the owner of the investment is responsible for sending a set of Records on the complete wind power investment project (including one (01) prints and one (01) electronic copies) on the Energy Directorate and the Department of Commerce for management. Yeah, we're on track.
2. Within the ten (10) days of work since the date of the issue of the Certificate of Investment, the provincial UBND is responsible for sending a (01) copy of the Certificate of Investment for Energy General to monitor management.
3. Within ten (10) days of work since the date of the signing of the sale of electricity to the owner of the investment, the semi-charged side charged with sending one (01) a valid copy of the contract purchase contract for General Energy, Ministry of Commerce for tracking, management.
4. During the construction of the wind power project, before the 15th of the first month, the Chairman must have a report on the deployment of the previous quarter's project, the next quarter's execution plan. Every year, prior to 15 January, the owner of the investment must have a report on the implementation of the project in the previous year, the next year's deployment plan. These reports of the investment owner must submit at the same time to the Energy Directorate and the Department of Commerce to manage, follow the execution.
5. During the operating phase, prior to May 31 annually, the Chairman must report on the production of electricity produced from the wind power plant in the previous year and estimate the electricity generation in the next year sent the Energy General to aggregate its support for supporting funding. the wind power allowance for the next year from the Vietnam Environmental Protection Foundation.
6. After the wind power project is completed put into commercial operation, the owner of the investment must comply with the existing regulations governing the operation of electrical works and environmental protection.
Article 10. Equipment and performance of the wind farm.
1. Wind measurement equipment and wind power equipment must ensure standard response, Vietnamese technical regulation or IEC international standard or equivalent standards.
2. Tuabin winds must be a non-use turbine, which has a non-per-year (05) year-long workshop, which has a certificate of origin and a suitable production certificate. In case the wind power project using the used turbine must report the Ministry of Commerce in coordination with the relevant authorities, the decision.
3. The performance of the wind farm (wind turbine layout) is no less than ninety percent (90%).
Article 11. Public Safety
1. The range of wind power construction includes areas of wind towers, electrical transmission lines, variable stations, and other auxiliary categories.
2. The safe corridor to the wind power, the safe corridor of wind turbines, the road safety corridor and the transformer must comply with the standard, the electrical equipment engineering standard, regulations on the safety of high voltage grid work and other facilities. the law of the safety of electrical work.
3. Serious construction of construction categories (residential areas, industrial facilities, engineering infrastructure, housing structures, schools, streets, railways, power lines, signal lines etc.) violated the safety corridors of the wind.
Article 12. Land capture area
1. The land used in the development of the wind power project includes: land area for survey, investment research, wind power project; land use area of the wind power project; the land use area of the wind power project.
2. Land-using land for wind power project must be consistent with the process of building capacity. Soil usage has the duration of the non-comma (0, 5) ha/MW wind power project. The temporary land use area of the wind power project is not non-comma 7 (0.7 ha/MW). The case of the road to the project has a complex terrain, which needs to be extended to facilitate the transport of turbines, wind columns in the construction and operation phase, the provincial UBND considers for the land use capacity of the maximum sustained wind power project. a (01) ha/MW.
Article 13. Management of land use in the wind power site
1. The land used in the wind power structure area must be sure to be consistent with land use and non-overlapping planning with other regulations approved by the authorities.
2. Priority of the development of wind power in arid land sites, rocky gravel, less agricultural value, aquacal farming, sparsely populated or non-inhabited.
3. The usable land of wind power is not in the following categories:
a) the earth, the land of the organ;
b) The area of security, defence;
c) Industrial area, business manufacturing facility;
d) The area of transportation infrastructure, including aviation, rail, roads, waterways and other transportation works.
4. After the wind power process goes into operation, the owner of the investment has to recover its temporary appropriation area and hand over to the local government.
5. UBND may allow land use in the wind power project area for suitable purposes (farming, small farming) and must ensure the safety of wind power operations.
Article 14. Environmental protection requirements
1. Wind Power is not in violation of archaeological sites, history, cultural sites, religions, sensitive ecological areas, nature conservation areas.
2. The wind power must be 300 meters away from the residential area. .
3. Investment activities that develop wind power projects must comply with existing environmental regulations.
4. Wind power is not affected by air traffic, radio waves, electronic telecommunications of residential areas and surrounding works.
5. Tuabin and the wind tower column must be bright, non-reflective. Do not execute advertising on the wind power turbine.
6. The investment owner must have the responsibility to recover the environment after the dismantling of the wind power.
Chapter III
WIND POWER PROJECT DEVELOPMENT ASSISTANCE
Article 15. Register for annual electricity price support for grid-connected wind power plants
1. Before May 31 each year, the Purchase charged with the responsibility of reporting the Energy General:
a) The fusion of information about wind power plants has contracted the purchase contract for the next year (plant name, investment holder, capacity, output, location, area, contract number, contract date);
b) Power output purchased from wind power plants in the previous year;
c) The electricity generation is expected to purchase from wind power plants in the current year and the next year of each plant and expects the total amount to be supported by regulation.
2. The General Energy Controller, aggregate, reports the Minister of Commerce to consider sending the Department of Environment Resources and the Ministry of Finance to register for funding of the electricity price support from the central budget.
Article 16. Calibrate wind power purchase price
Prior to October 30 annually, the base at the cost and general electricity price of the system, the Energy Directorate proposed the option to calibrate the price to purchase preferable electricity from wind power projects at the electrical point of exchange and the electricity price support level reported the Minister of Public Works. Trade to the Prime Minister review the decision.
Article 17. Support for non-connected wind power project
1. Principles and conditions that consider supporting unconnected wind power project:
a) Make sure the economic, social, environmental;
b) The project completes investment and put into operation;
c) A number of inputs primarily for electric price calculation and support price support for the wind power project are considered on the following principle:
-The project's set capacity is greater than the actual requirement capacity of the regional grid, then the actual electricity output of the previous year and the expected output in the following years is used as the basis for determining the support price. For other projects, electricity production taken according to the actual production output or expected output in the investment project was approved, taking the greater number; and more.
-The total investment of the project took over the total investment in the approved investment project but no greater than fifty-one (51) million copper/kW (equivalent to two thousand five hundred (2,500) per kilowatt);
-Cost of depreciation by law enforcement.
2. The registration sequence supports the price of electricity to the unconnected wind power project:
a) Chairman of the wind power project that does not connect the filing grid to provide electricity price support to the wind power project that does not connect to directly or via post-mail to the General Energy Department. The number of required cases: ten (10) the case and one (01) CD/DVD/USB contains a Case-supported file that offers support and accompanying documents.
b) In the thirty (30) days from the date of the receiving of valid records, the Directorate of Energy is responsible for organizing the case appraisal recommended for the report of the Minister of Commerce to the Prime Minister to review, approve. In the case of necessity, the General Energy Administration is allowed to employ appraisal advisory, countenor of the appraisal of the appraisal of the appraisal.
Case case is not valid, within ten (10) of working days since the date of receiving an offer to support the price of electricity to the non-connected wind power project, the Energy Directorate must inform the owner of the investment requiring the addition of the case or rework.
3. The profile offers to support the electricity price on the non-connected wind power project including:
a) The investment project in which there are theories of the price method and the main content of the need and assessment of the effectiveness of the support method;
b) Research results report, evaluating the potential wind potential for a minimum period of 12 consecutive months at the position within the project range;
c) Operation Plan and Business Planning;
d) Planning and project cost, the technique of serving dismantling and handling of the wind power plant equipment after the end of the project;
The provincial opinion of the provincial capital of UBND provides support for support;
e) The opinion of the General Electric Company where there is a project on the filing content offering support for project development investment.
Chapter IV
CONTRACT PROCUREMENT CONTRACT FOR GRID-CONNECTED WIND POWER PROJECTS
Article 18. The condition of applying the Sample Purchase Contract for wind power projects
1. The use of the Procurement Contract for wind power projects is compulsory in the purchase of electricity between the grid and the purchase.
2. Wind power projects with all power generation are produced from wind power sources.
Article 19. The content of the contract purchase contract for wind power projects.
1. The contract content purchase of the procurement of the sample for the specified wind power projects at the Appendix issued in accordance with this Information.
2. The seller and the side are added to the contents of the contract purchase contract to clarify the responsibility, the powers of the parties without being made to alter the basic content of the contract purchase contract.
Chapter V.
THE ORGANIZATION.
1. The Energy Directorate has a common sense of responsibility, guidance, and examination of this Information. In the course of execution if there is an entangrium, the Directorate of Energy in coordination with the units, the locality is concerned and proposes to the Minister of Trade, supplements the Ministry of Commerce.
2. UBND to watch, monitor, examine the operation of developing local wind power projects under approved wind power development planning, in accordance with the regulations at this level.
It has been in effect since December 27, 2012.

KT. MINISTER.
Chief.

(signed)

Quang Yang Quang