Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 314
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Vietnam
3.2 Regulatory permits required for the construction and operation of
the offshore wind farm and the onshore grid connection
Many key permits and authorisations are required to develop an offshore wind project in
Vietnam, and the statutory timelines to obtain them are as follows:
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.
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.
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
