MINISTRY OF INDUSTRY AND TRADE SOCIAL REPUBLIC OF VIETNAM

------- Independence - Freedom - Happiness

---------------

No.: 05/2019/TT-BCT Hanoi, March 11, 2019

CIRCULARS
Amending and supplementing a number of articles of Circular No. 16/2017/TT-BTC
dated September 12, 2017 of the Minister of Industry and Trade regulating project
development and sample electricity purchase and sale contracts applicable to
solar power projects

Pursuant to the Electricity Law No. 28/2004/QH11 of December 3, 2004; Law amending
and supplementing a number of articles of the Electricity Law on November 20, 2012;

Pursuant to the Government's Decree No. 98/2017/ND-CP of August 18, 2017, defining
the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Prime Minister's Decision No. 11/2017/QD-TTg of April 11, 2017, on
mechanisms to encourage the development of solar power projects in Vietnam and Decision No.
02/2019/QD-TTg dated January 8, 2019 amending and supplementing a number of articles of
the Prime Minister's Decision No. 11/2017/QD-TTg of April 11, 2017 on mechanisms to
encourage the development of solar power projects in Vietnam Male;

At the proposal of the Director of Electricity and Renewable Energy Department,

The Minister of Industry and Trade issued a Circular to amend and supplement some
articles of Circular No. 16/2017/TT-BCT dated 12 September 2017 of the Minister of Industry
and Trade on project development and contract Sample power trading for solar power projects.

Article 1. Amending and supplementing a number of articles of Circular No.

16/2017/TT-BCT dated September 12, 2017 of the Minister of Industry and Trade
regulating the project development and the sample of electricity purchase and sale contract
applied for solar power projects
1. Article 16 is amended and supplemented as follows:
“Article 16. Electricity purchase and sale price of the rooftop solar project

1. Before January 1, 2018, the purchase and sale price of electricity was VND 2,086/kWh
(excluding value-added tax, equivalent to 9.35 UScents/kWh, according to the central
exchange rate of Vietnam dong and dollar. The US dollar announced by the State Bank of
Vietnam on April 10, 2017 is 22,316 VND/USD;
2. From January 1, 2018, the electricity purchase and sale prices applicable under the
provisions of Clause 1 of this Article shall be adjusted according to the central exchange
 rate of Vietnam dong against the US dollar based on the State Bank of Vietnam public
announced on the day of the last announcement of the previous year.”.
3. Supplementing the content of the sample of electricity purchase and sale contract for
rooftop solar projects specified in the Appendix of this Circular.
Article 2. To annul Clause 2, Article 18 and Appendix 3 of the Circular No. 16/2017/TT-
BCT dated September 12, 2017 of the Minister of Industry and Trade stipulating the project
development and the sample of electricity purchase and sale contract for solar power projects.
Article 3. Validation
This Circular takes effect from April 25, 2019.

MINISTER
To:
- Prime Minister, Deputy Prime Ministers;
- Office of the General Secretary;
- Ministries, ministerial-level agencies and
government-attached agencies;
- People's Committees of provinces and cities under Tran Tuan Anh
central authority;
- Official Gazette;
- Government Website;
- Website: Ministry of Industry and Trade;
Department of Electricity and Renewable Energy;
- Ministry of Justice (Inspection Department of
Legal Documents);
- Department of Industry and Trade of provinces
and cities under central authority;
- Vietnam Electricity Corporation;
- The Electricity Corporation;
- Archive: Documentary department, Department of
Electricity and Renewable Energy, Legal
Department.
 APPENDIX

SAMPLE OF ELECTRICITY PURCHASE AND SALE CONTRACT

FOR ROOFTOP SOLAR PROJECTS
(Issued together with Circular No. 05/2019/TT-BCT dated March 11, 2019 of the Minister of Industry and
Trade on amending and supplementing a number of articles of Circular No. 16/2017/TT-BCT dated 12
September 9, 2017 of the Minister of Industry and Trade regulating the project development and the
sample of electricity purchase and sale contract for solar power projects.)
 SOCIAL REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
-------------
SAMPLE OF ELECTRICITY PURCHASE AND SALE CONTRACT
FOR ROOFTOP SOLAR PROJECTS

Pursuant to the Electricity Law No. 28/2004/QH11 of December 3, 2004; Law amending
and supplementing a number of articles of the Electricity Law on November 20, 2012;

Pursuant to the Prime Minister's Decision No. 11/2017/QD-TTg of April 11, 2017, on
mechanisms to encourage the development of solar power projects in Vietnam and Decision No.
02/2019/QD-TTg dated January 8, 2019 amending and supplementing a number of articles of
the Prime Minister's Decision No. 11/2017/QD-TTg of April 11, 2017 on mechanisms to
encourage the development of solar power projects in Vietnam;

Circular No. 16/2017/TT-BCT dated September 12, 2017 of the Minister of Industry and
Trade regulating the project development and the model power purchase contract for solar
power projects and Circular No. ... ... ../2019/TT-BCT dated …… month …… .. 2019 of the
Minister of Industry and Trade on amending and supplementing a number of articles of Circular
No. 16/2017/TT-BCT:

Based on the demand of buying and selling electricity of both parties,

Today, day …… .... month ……. year ……., at …………….

We include:
Seller (Party A):

Address:

Phone: ____________________ Email: _________ Fax: __________

Tax code ____________________

Business Registration Certificate / Business Registration Certificate: __________

Bank account ___________________

Represent:

CCCD number / ID card / Passport:

Position: _____________ (Authorized by __________________ according to the

authorization document (number, date, month).
 Buyer (Party B):

Address:

Phone: ____________________ Email: _________ Fax: __________

Tax code ____________________

Business Registration Certificate / Business Registration Certificate: __________

Bank account ___________________

Represent:

Position: ________________ (Authorized by _______________ according to the

authorization document (number, date, month).

Jointly agree to sign the Power Purchase Agreement (hereinafter referred to as Contract)
to buy and sell electricity produced from the rooftop solar power project (hereinafter referred to
as the Project), with the total installed capacity set to ..... kW with the parameters in the
Appendix (Appendix Form issued by Party B), invested and built by Party A at [project
construction site] with the following terms here.
Article 1. Electricity purchased and sold
1. From [commercial operation date], Party A agrees to sell to Party B and Party B to agree
to buy from Party A the amount of power produced from the Project on the grid of Party
B measured by the meter written in the Minutes of hanging and dismantling the meter
attached to this Contract. Minutes of hanging and dismantling the meter is an integral part
of this Contract and is replaced (periodically or damaged) in the process of implementing
electricity trading between the two parties.
2. Party B shall pay the amount of power from Party A's project to Party B's grid according
to the purchase price specified in Article 2 of this Contract.
3. Party A's power received from the network of Party B will be signed separately by the
two parties not under the scope of this Agreement.
Article 2. Electricity purchase and sale price
1. Before January 1, 2018, the purchase and sale price of electricity was VND 2,086/kWh
(excluding value-added tax, equivalent to 9.35 UScents/kWh, according to the central
exchange rate of Vietnam dong and dollar. The US dollar announced by the State Bank of
Vietnam on April 10, 2017 is 22,316 VND/USD.
2. From January 1, 2018, the electricity purchase and sale price shall comply with the
provisions of Clause 1 of this Article, adjusted according to the fluctuation of the
VND/USD exchange rate based on the central exchange rate of Vietnam dong compared
 to the US dollar was announced by the State Bank of Vietnam on the date of the last
exchange rate announcement of the previous year.
3. Electricity purchase prices prescribed in Clauses 1 and 2 of this Article shall apply for 20
years from the date the projects are put into commercial operation.
Article 3. Confirmation of meter readings, power on grid and invoicing
1. Confirm the meter readings and power generation on the grid
- Party B shall record the meter readings on the day .... monthly.
- Within 01 (one) working day from the date of recording meter readings, Party B will
notify Party A of the meter readings and the amount of electricity from the Project to the grid
during the payment period in the form of:
□ Web .............. □ Email .......[Email address] ........ □ Zalo/Viber..[Phone number] .......
- In case Party A fails to agree with the meter readings and the amount of power delivered to
the grid announced by Party B, Party A shall respond within 01 (one) working day after
receiving notice of Party B by:
□ Web .............. □ Email ..[Email address] ........ □ Zalo/Viber..[Phone number] .......
- After the above time limit, if Party A has no feedback for Party B, it is understood that
Party A agrees with the meter readings and the amount of power delivered to the grid announced
by Party B.
2. Electricity payment
a. Electricity fee: Based on the power output of the two Parties agreed in Clause 1 of this
Article and the price of electricity purchase in Article 2 of this Contract, Party B shall pay
Party A monthly electricity bill (excluding VAT) as follows:
T(n)= Ag (n) x G (n)
In which:
T(n): Electricity payment in month n (VND).
Ag(n): Party A's electricity will be distributed to Party B in month n (kWh).
- For meter with 1 price index Ag (n) is the output delivered by Party A to Party B grid
recorded at the meter.
- For meter with 3 price indexes Ag (n) is the total output of 3 electricity productions
(normal, peak, and off-peak hours) that Party A delivered to Party B grid recorded at the meter.
G(n): Electricity price is applied for month n as stipulated in Article 2 (VND/kWh).
b. VAT: In addition to the payment power in item a, clause 2 of this Article, Party B shall
pay Party A a VAT amount if Party A has the revenue from the solar power project
subject to tax under current regulations. At the end of the period of recording the last
meter readings of the year, Party B shall be responsible for finalizing the purchase of
 electricity from the solar power project during the year and VAT finalization for Party A
depending on the revenue generated from the solar power project.
Article 4. Payment
1. Payment documents:
a. Party A is an enterprise that issues monthly invoices

List of meter readings and monthly power of Party A delivered to the grid of Party B
provided by Party B;

Sales invoice as provided by Party A with payment value of electricity is determined in

Clause 2 Article 3 of this Contract.
b. Party A is an organization or individual that does not issue monthly invoices:
Monthly:
Party B shall base on the List of Party A meter and power index transmitted to the network of
Party B to pay electricity to Party A, the value of payment electricity determined in Section a,
Clause 2, Article 3 of this Contract.
Annual:
No later than 15 days after the end of the year or the end of the Contract at whichever time
comes first, Party B shall make and send to Party A confirming the "Minutes confirming the
electricity production delivered and payment amount" of the year according to the form
prescribed in the Appendix (Appendix Form issued by Party B) of this Contract.
In case Party A has a taxable turnover specified in Item b, Clause 2, Article 3, Party A shall
send Party B a sales invoice, including taxes and fees as prescribed.
2. Form of payment:
□ Bank transfer (Party A is subject to transfer fee).
Information of bank transfer:.........................................................................
3. Payment term
a. Within 07 (seven) working days after Party A unifies the number of meters and the power
generated on the grid (announced by Party B) and fully submits the payment dossier
specified in Clause 1 of this Article..
b. After the above-mentioned time-limit, Party B does not pay Party A, Party B is
responsible for paying the penalty of late payment for the whole amount of late payment
from the day after the payment due date to Party B's payment. Interest of late payment is
calculated by the average inter-bank transaction interest rate for one (01) month
announced by the State Bank of Vietnam at the time of payment by Party B.
Article 5. Rights and obligations of the parties
1. Rights and obligations of Party A
 a. Ensuring technical standards for solar electricity; ensure power quality as prescribed in
Clause 1, Article 15 of Decree No. 137/2013/ND-CP dated October 21, 2013 of the
Government detailing the implementation of a number of articles of the Electricity Law
and the amended Law supplementing some articles of the Electricity Law; Article 40, 41
Circular No. 39/2015/TT-BCT dated November 18, 2015 of the Ministry of Industry and
Trade regulating distribution electricity system (hereinafter referred to as Circular No.
39/2015/TT-BCT) or amended, supplemented or replaced documents, unless otherwise
agreed.
b. Together with Party B, it is to record, agree and monitor the power output on the network
of Party B.
c. Operating the project in accordance with Article 52 of Circular No. 39/2015/TT-BCT.
d. Party A must not connect other power sources, outside the Project agreed in this Contract,
through the metering system without the consent of Party B.
e. Party A is responsible for fulfilling all tax obligations in accordance with State
regulations.
2. Rights and obligations of Party B

a. Investing and installing bidirectional meters at the point of delivery to Party A if Party A
meets the connection criteria in Section a, Clause 1 of this Article.
b. Together with Party A, to acknowledge, inform, unify and monitor the amount of
electricity from the Project delivered to the network of Party B.
c. Check and supervise operation and handling in accordance with Article 52 of Circular
No. 39/2015/TT-BCT.
d. Party B has the right to refuse payment when Party A fails to comply with the terms
stipulated in Items a, c, d, e Clause 1 of this Article.

Article 6. Other agreements

……………………………………………………………………………
Article 7. Implementation provisions

1. Unless extended or terminated ahead of time, this Agreement is effective from the date of
signing and has a term of 20 years from the date of [commercial operation date].
2. During the implementation period, either party has a request to amend, supplement or
terminate the Contract, the requesting party must notify the other party 15 days in
advance to resolve it together.
3. This contract is made in 02 copies with the same legal value, each party keeps 01 copy.

Party A Party B
(Sign and write your full name and stamp) (Sign and write your full name and stamp)