Offshore Wind Worldwide Regulatory Framework in Selected Countries 5th Edition 2024 - Flipbook - Page 373
Offshore Wind Worldwide 2024
First, if the offshore wind project was not
originally included in the power development master plan, the investor must prepare
a wind measurement survey (over a minimum period of 12 consecutive months) and
obtain approval from the MOIT or the Prime
Minister for the project to be added into
the plan. Inclusion of a project in the power
development master plan is a key condition
precedent to application for the project approvals. As noted above, there are currently
no particular offshore wind projects listed
in PDP8.
Second, an investor, depending on the
characteristics and investment capital of the
project, must obtain an in-principle investment approval from either the National
Assembly, the Prime Minister or the provincial People's Committee, depending on
the project parameters. Such approval will
include, among other things, the investor,
objectives, capacity, investment capital and
term of the project.
Third, a foreign investor, alone or with a Vietnamese partner, must obtain an investment
registration certificate from the provincial
Department of Planning and Investment,
which evidences the authorities' approval of
the foreign investment project.
Fourth, the law requires the project company to obtain an enterprise registration
certificate (ERC) after obtaining the investment registration certificate. The ERC is
the incorporation document of the project
company and is issued by the provincial
Department of Planning and Investment.
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Unlike the investment registration certificate (which involves substantive assessment
of the foreign investor's "investment project" by the authorities), the ERC is typically
granted without delay.
The project company of an offshore wind
power project also must obtain, among
other things, the following:
(a) a marine space assignment decision
from the competent State body (as set
out below in section 6) with respect to
the marine space for the construction
and operation of the OWF;
(b) a land lease decision and certificate of
land use rights for the onshore land from
the relevant provincial People's Committee for the construction and operation
of onshore grid connection;
(c) approval of the environmental impact
assessment report from MONRE (for
projects which must obtain in-principle
investment approval from the National
Assembly, the Government, or the Prime
Minister) or the relevant provincial People's Committee;
(d) a construction permit from the provincial Department of Construction; and
(e) an electricity operating licence from
MOIT (for electricity generation of large
plants, with special socio-economic, national defence and security importance;
electricity transmission activities) or the
Electricity Regulatory Authority.
