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Vietnam Energy Forum

Recognizing COD for the wind power projects rightly according to the signed PPA

 - The Electricity of Vietnam has just issued a documentNo. 6302/EVN-TTD, dated October 14, 2021 to the National Load Dispatch Center (EVNLDC) and the Electricity Power Trading Company (EVNEPTC) on recognition of Commercial Operation Date (COD) and Operation for the Wind Power Projects with a requirement for EVNLDC to recognize COD for wind power projects in accordance with the conditions in signed power purchase agreement (PPA).

In this document, EVN expresses that, for the projects without approved document from the Ministry of Industry and Trade (MOIT) or Provincial Department of Industry and Trade (DOIT), the EVN mandates the EVNEPYC Director to negotiate adjusted PPA with the following supplemented commitments of the electricity seller:

Firstly, the seller commits to comply the legal regulates on project construction investment (including the inspection of the acceptance activities by competent state agencies). In case, the competent state agency shows that the electricity seller not yet complied with the provisions of the law on project construction investment, the electricity buyer has the right to refuse recognizing or cancelling COD, to stop electricity purchase and to request the electricity seller to refund the entire electricity bill that the buyer has paid to the seller since the COD, including interest (if any).

Secondly, the electricity seller commits to comply with the requirement of the competent state agency and refund to the electricity buyer the entire electricity bill that the electricity buyer has paid from the COD, including interest. (if any).

Thirdly, the electricity seller commits to comply, without any complaints or lawsuits if the above cases occur.

For the adjusted and supplemented PPA, EVN requires the electricity seller only to supplement items above mentioned, and EVN assigns EVNEPTC to negotiate, sign and implement.

For EVNLDC, EVN requires this unit to only put the wind power project into operation after its COD recognition and receiving "a written approval from the MOIT or the provincial DOIT on the test results for completing and putting the project into operation.

This document replaces the document No. 5375/EVN-TTD dated September 1, 2021 of EVN on supplementing the document on COD of the wind power projects.


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