ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

12.04.2018

Vietnam’s wind power tariffs attractive, but grid capacity a major concern

Vietnam’s new feed-in tariffs are attracting great interest in wind power, but investors are concerned about grid connection and purchase agreements.

The new feed-in tariffs (FIT) are expected to be attractive to domestic and foreign investors, Tommaso Rovatti Studihard, South East Asia sales director for wind power developer Vestas Asia Pacific, told VnExpress International.

The government recently approved tariff revisions under Decision 39 on support mechanisms for the development of wind power.

The decision, effective from November 1 this year, raises the tariffs from 7.8 US cents per kWh to 8.5 US cents for onshore and 9.8 US cents for offshore generation respectively.

"Electricity demand will grow at an estimated 8 - 10 percent a year from now to 2030. This represents realistic opportunities for investors," Studihard said.

Conjecturing that the national plan envisages adding 1,000 MW of wind power by 2020 and 6,000 MW by 2030, he said the targets are achievable.

"Vestas is excited about the Vietnamese market, probably this is the most promising market in the Asian region with very good wind resources," he said.


Vestas has so far put three wind power projects into operation in Vietnam and plans to have another project come online by 2019 and "do a lot more in the future."

Studihard noted that over the next three to five years there are huge opportunities in Vietnam to have some gigawatts of wind power, but the bankability of the power purchase agreement (PPA) remains an issue with many investors, especially international investors, and banks finding it a little difficult to be comfortable with.

There are no clear termination and force majeure clauses in the PPA, which hinders the attraction of foreign investment, especially from banks and credit institutions, he explained.

"One more problem is Vietnam’s weak grid capacity, which would become a bottleneck for developing wind and other renewables. The grid needs to be upgraded to tap the great potential Vietnam has for offerable, sustainable and reliable wind power."

Bui Van Thinh, CEO of the Thuan Binh Wind Power JSC (TBW), said having gained success in developing the 24MW Phu Lac wind power project in the central province of Binh Thuan, TBW is completing procedures to start construction of a 30MW wind power project in neighboring Ninh Thuan Province.

But the weak grid capacity is the biggest challenge to expanding renewables like wind and solar power, he said.

The transmission line near Phu Lac site could handle 100MW, compatible with two 50MW wind power projects.

Overload capacity is imminent once a solar power project connects with the transmission line, Thinh noted, citing the concerning fact that there are eight solar power projects in the locality approved to connect with the grid.

"The government should instruct the state-run Electricity of Vietnam (EVN) to install transmission lines to cope with the renewable power projects across the country, especially those in Ninh Thuan and Binh Thuan."

Ninh Thuan and Binh Thuan are central provinces that have the greatest potential for renewable energy in the country.

While 2,000 MW of solar power are proposed to be generated in Ninh Thuan, the local transmission line can only handle a few hundred megawatts. Thus, 110 kV or 220 kV transmission lines need to be installed before pushing the power to the 500kV transmission line and sending it to Ho Chi Minh City or Danang City, Thinh added.

Nguyen Van Thanh, deputy head of the Ministry of Industry and Trade’s Electricity and Renewable Energy Authority, said demand for energy, wind power in particular, has been growing rapidly.

The need for ensuring energy security but also sustainable development has changed Vietnam from an energy seller to buyer, with the country’s dependence on imported energy sources also rising, he said.

Vietnam also faces a shortage of primary energy, with coal imports posing many risks related to supply, price and transportation, he noted.

"Given that, efficient exploitation of new and renewable sources would play a key role in the country’s socio-economic development, energy security and sustainable development.

"The country is working diligently to draft policies for the efficient and economical use of energy, diversification of energy sources and increasing application of new and eco-friendly technologies," Thanh added.

Under the revised Power Development Plan VII, power stations in the country are expected to generate a total of 60,000 MW by 2020. Of these, coal-fired stations would make the largest proportion of 42.7 percent, followed by hydropower (30.1 percent), gas-fired plants (14.9 percent) and renewable energy sources (9.9 percent).

By 2030, the total capacity would soar to 129,500 MW, with coal and gas-fired plants accounting for 42.6 percent and 14.7 percent respectively, similar to the figures set for 2020. But the ratio of renewable energy sources is set to double to 21 percent by then.

Source: evnexpress

11.29.2018

Insurance business requirements are streamlined

On November 7, 2018, the Government promulgated the Decree No. 151/2018/ND-CP on revision of investment and business requirements under the state management, especially in the insurance business sector.


The Decree revises certain noticeable contents as follows:

- Requirements for grant of the license for establishment of the insurance enterprise or the insurance brokerage enterprise:

The requirement under which the organization contributing capital to establishment of an enterprise must not have the accrued loss till the date of submission is abolished.

- Requirements for establishment of an insurance joint-stock company:

+ Have at least 2 shareholders that meet requirements set forth in clause 1 of Article 7 and own at least 20% of total share of the company (the previous requirement prescribes 2 founding shareholders).

+ Repeal the requirement: Within duration of 03 years from the date of issue of the license, founding shareholders must own at least 50% of ordinary shares of the company of which sale is authorized.

For more details, see the Decree No. 151/2018/ND-CP (in force from November 7, 2018).

Source: Thuvienphapluatvn

To Set up business in Vietnam, please contact our lawyers for advice via email ant@antlawyers.vn or call our office at (+84) 24 730 86 529

11.27.2018

Vietnam Ratifies the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

Vietnam has recently ratified the Comprehensive and Progressive Agreement for Trans-Pacific Partnership – CPTPP (before Trans-Pacific Strategic Economic Partnership Agreement – TPP. This Agreement was signed on 08 March 2018 in Santiago, Chile including 11 countries New Zealand, Canada, Japan, Mexico, Singapore, Brunei, Chile, Malaysia, Peru, Australia and Vietnam.

TPP was initially expected to form a largest free trade area in the world with the participation of the United States of America (USA). Nonetheless, the President of USA – Mr. Donald Trump – withdrew USA from TPP, and the remaining members have to re-negotiate and establish CPTPP as a result. Eleven countries participating in the CPTP have total GDP of USD 10,000 billion equivalent to 13.5% of global GDP.


CPTPP will contribute to boost the export of goods to major markets such as Japan, Australia, Canada and Mexico as well as attract foreign investment into the sectors that Vietnam needs to be developed. Further, this participation has established trade relations with the countries which have never signed a free trade agreement with Vietnam before such as Canada, Mexico or Peru. One of the commitments of CPTPP, the members of CPTPP agree to eliminate import duties on almost all products within 7 years, and Vietnam is flexible up to 10 years. Joining CPTPP, Vietnam not only commits to open up markets, remove tariff barriers, continue to open and facilitate trade, but also continues to show the transparency of the State management on market’s development. The business lines being benefited directly and strongly from CPTPP are garment, textile, footwear, food manufacturing, drink, confectionaries, tobacco, …which is expected to receive investment from oversea through setting up company, factory, and business joint venture in Vietnam.

Further, CPTPP regulates the new legal issues being labour, environment, government procurement, Intellectual Property, state enterprises, …The CPTPP essentially retains the provisions of the TPP Agreement, but with the USA withdrawal, it allows Member States to reserve a number of articles to ensure the balance in the new situation.

In conclusion, Vietnamese enterprises should firstly keep up the commitments of CPTPP in order to seek up the favorable policy trends and to prepare the plans to build competitiveness and enhance the prestige on brand and product quality.


11.25.2018

Abolishing regulations on cosmetics management

The Government has promulgated the Decree No. 155/2018/ND-CP on amendments and supplements to certain regulations regarding investment and business requirements under the state management of the Ministry of Health.

The Decree abolishes regulations set forth in the Circular No. 06/2011/TT-BYT on cosmetics management as follows:

- Removing the duplicate copy of the Certificate of Business Registration of an organization or individual responsible to launch cosmetic products into the market from the application requirements for announcement of cosmetic products. 


- Removing the following documents from the application requirements for the certificate of conformance to ASEAN Cosmetic Good Manufacturing Practices:

+ Duplicate copy of the Business Registration Certificate or the Investment License.

+ Training program and assessment report of the “Cosmetic Good Manufacturing Practices” training internally held by a cosmetic business. 

+ List of cosmetic products in process or in the process planning.

Additionally, the Decree No. 155 abolishes certain regulations on cosmetic manufacturing requirements prescribed in the Decree No. 93/2016/ND-CP dated July 1, 2016.

The Decree No. 155/2018/ND-CP will take effect on November 12, 2018.

Source: Thuvienphapluatvn

To set-up business in Vietnam, Please contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529