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Abstract
With the advantage of a coastline of more than 3000 km, Vietnam has an advantage in the development of offshore wind. In recent years, the Vietnamese government has issued many policies that promote wind power development. To advance such development, Vietnam has also promulgated regulations related to environmental impact assessment. This article will provide an update on the current Vietnamese legal and policy framework applying to the development of offshore wind power, as well as Vietnamese regulations on the assessment of environmental impact in order to guarantee sustainable wind development.
Notes
1 Ravindra B. Sholapurkar and Yogesh S. Mahajan. 2015. Review of Wind Energy Development and Policy in India, Energy Technology & Policy, 2(1), 122–132, doi:10.1080/23317000.2015.1101627
2 R. Saidur, M. R. Islam, N. A. Rahim, and K. H. Solangi. 2010. A review on global wind energy policy, Renewable and Sustainable Energy Reviews 14,1744–1762, doi:10.1016/j.rser.2010.03.007
3 GIZ Energy Support Programme (2015): Overview of the Vietnamese Power Market – A Renewable Energy Perspective
5 John Rockhold for the Power and Energy Working Group, Made in Vietnam Energy Plan 2.0 A business case for the primary use of Vietnam’s domestic resources to stimulate investment in clean, secure, and affordable energy generation. July 31, 2019
6 The Danish Energy Agency, 2020, Input to Roadmap for Offshore wind Development in Vietnam.
7 World Bank Group (2020), Offshore wind roadmap for Vietnam Report for consultation.
8 The Danish Energy Agency (2020) Input to Roadmap for Offshore wind Development in Vietnam.
9 Koushan Das, Renewables in Vietnam: Current Opportunities and Future Outlook, 2020, at https://www.vietnam-briefing.com/news/vietnams-push-for-renewable-energy.html/
10 Vietnam Initiative for Energy Transition (2020) Policy recommendations for offshore wind energy development in Vietnam.
11 Resolution No. 36-NQ/TW on the Strategy for Sustainable Development of Vietnam's Marine Economy to 2030, with a vision to 2045, October 22, 2018.
12 Resolution No. 36-NQ/TW.
13 Vietnam Initiative for Energy Transition (2020) Policy recommendations for offshore wind energy development in Vietnam.
14 Vietnam's Politburo issues resolution on orientation of new national energy development strategy to 2030 with a vision to 2045, See more, https://www.conventuslaw.com/report/vietnams-politburo-issues-resolution-on/
15 Resolution No.140/NQ-CP Promulgating the Government’s Action Programme for implementing Resolution no. 55-NQ/TW dated October 02, 2020.
17 No. 26/NQ-CP on the promulgation of the Vietnamese Government’s master plan and 5-year plan for implementation of Resolution No. 36-NQ/TW dated March 05, 2020.
18 Resolution No. 26/NQ-CP.
19 Joost Sissingh, Eric Arends (2018) Wind Minds, Baseline Study Wind Energy Vietnam, Final report.
20 Vietnam Initiative for Energy Transition. 2020. Policy recommendations for offshore wind energy development in Vietnam.
21 Decision no.37/2011/QD-TTg of the Prime Minister on the Mechanism Supporting the Development of Wind Power Project in Vietnam. This Deicision was amended and complemented at the Decion no.39/2018/QD-TTg September 10, 2018.
22 Decision no.37/2011/QD-TTg of the Prime Minister on the Mechanism Supporting the Development of Wind Power Project in Vietnam on June 29, 2011. Art.4.
23 Decision no.37/2011/QD-TTg of the Prime Minister on the Mechanism Supporting the Development of Wind Power Project in Vietnam on June 29, 2011. Art.3 (1).
24 Decision no.37/2011/QD-TTg of the Prime Minister on the Mechanism Supporting the Development of Wind Power Project in Vietnam on June 29, 2011. Art.3 (2).
25 Decision no.37/2011/QD-TTg of the Prime Minister on the Mechanism Supporting the Development of Wind Power Project in Vietnam on June 29, 2011. Art.3 (2).
26 Decision no.37/2011/QD-TTg of the Prime Minister on the Mechanism Supporting the Development of Wind Power Project in Vietnam on June 29, 2011. Art.6 (1,2).
27 Law on Planning was approved by the XIV National Assembly of the Socialist Republic of Vietnam at its 4 Session on November 24, 2017.
28 Law on Planning, Appendix I: List of National Sector Planning, Item 8.
29 The Prime Minister approved the Decision no.1264/QD-TTg dated on 1st November, 2019 approved the Task of Developing of National Electricity Development Planning in period of 2021-2030, a Vision to 2045.
30 . Decion no.39/2018/QD-TTg September 10, 2018 to amend and complement the Decision no.37/2011/QD-TTg of the Prime Minister on the Mechanism Supporting the Development of Wind Power Project in Vietnam, Art.1(3).
32 Maritime boundary area of the Socialist Republic of Vietnam (below referred to as maritime boundary area) shall be measured from the national maritime boundary to the end of the administrative area of a commune, ward and township (below referred to as commune-level administrative unit) adjacent to the sea or an island or archipelago. (Decree no.11/2021/ND-CP, Art.3 (1).
33 Decree no.71/2015/ND-CP of the Government on management of activities of persons, vehicles and craft in maritime boundary areas of the Socialist Republic of Vietnam dated September 3, 2015. Art.10.
34 Law No. 82/2015/QH13 of National Assembly on Marine and Island Resources and Environment, 2015.
35 Decree no.11/2021/ND-CP dated February 10th 2021 providing for the assignment of curtain marine areas to organizations and individuals for marine resource exploitation and use.
36 Decree no.11/2021/ND-CP dated February 10th 2021 of the Government, Decree no.51/2014/ND-CP of the Government dated May 21, 2014 providing the assignment of curtain marine areas to organizations and individuals for marine resource exploitation and use. Art. 9 (1).
37 Ibid., Art. 6 (1).
38 Ibid., Art, 11 (2).
39 Ibid., Art, 34 (1e).
40 Joint Circular No. 198/2015/TTLT-BTC-BTNMT of The Minister of Finance, the Minister of Natural Resources and Environment providing a specifying method of calculation, mode of collection, management and use of the fee from marine area using.
41 Ibid., Art. 7 (1).
42 Ibid., Art. 7 (2).
43 Decree no.11/2021/ND-CP dated February 10, 2021 of the Government providing the assignment of curtain marine areas to organizations and individuals for marine resource exploitation and use. Art. 5 (5).
44 Decree no.51/2014/ND-CP of the Government dated May 21, 2014 providing the assignment of curtain marine areas to organizations and individuals for marine resource exploitation and use. Art.5 (4).
45 LEP in 2020. Art.29. (1).
46 LEP in 2020. Art.29. (2).
47 LEP in 2020. Art.29. (4).
48 Decree no.40/2019/ND-CP of the Government amendments to Decrees on guidelines for the Law on Environment Protection dated on May 13, 2019. Appendix II (27).
49 LEP in 2020. Art.30. (1).
50 LEP in 2014, Art.19 (1).
51 LEP in 2014, Art.19 (2).
52 LEP in 2014, Art.20.
53 LEP in 2014, Art.21 (1,2).
54 MONRE no. 11/VBHN-BTMT on Decree regulating environmental protection planning, strategic environmental assessment, environmental impact assessment and environmental protection plan. Art.12. (2).
55 LEP in 2014, Art.21 (2).
56 LEP in 2020, Art.33 (1,2,3,4).
57 LEP in 2020, Art. 33 (2a).
58 LEP in 2020, Art.33 (5).
59 LEP in 2020, Art.33 (5).
60 LEP in 2020, Art.33 (5).
61 LEP in 2014. Art.26.
62 LEP in 2014. Art.27 (1).
63 LEP in 2014, Art.26 (1).
65 LEP in 2020, Art.36 (1).
66 LEP in 2014. Art.31.
67 LEP in 2014. Art.33.
68 Netherlands Enterprise Agency. 2018. Baseline Study Wind Energy Vietnam, Final report.
69 Baker McKenzie. 2020. Vietnam: Legal considerations for development of large-scale offshore wind power projects in Vietnam.
70 Santiago Salvadora, Luis Gimenoa, F. Javier Sanz Larrugab. 2018. The influence of regulatory framework on environmental impact assessment in the development of offshore wind farms in Spain: Issues, challenges and solutions, Ocean and Coastal Management, https://doi.org/10.1016/j.ocecoaman.2018.05.010
71 Vietnam Initiative for Energy Transition. 2020. Policy recommendations for offshore wind energy development in Vietnam.
Additional information
Notes on contributors
Nguyen Thi Xuan Son
Nguyen Thi Xuan Son is currently lecturer at School of Law, Viet Nam National University. She is also in charge of vice director of Asia Research Center, VNU. Dr. Son teaches courses on Public International laws, International Human Rights Law and International Environmental Law. Dr. Son has taken part in some projects on human rights and international environmental law. Her main research interests include children rights, rights of vulnerable groups, marine plastic waste, climate change and marine environmental protection.
Pham Thi Gam
Pham Thi Gam is a legal expert in marine environmental protection and natural resources management. She has over 10 years’ experience in the field of marine environmental protection and natural resources management, 5 years in there among them in the position of Deputy Director of the Policy and Legislation Department under Viet Nam Administration of Seas and Islands. At her position, she researches and consults to the competent authorities to develop regulations, policies and strategies concerning marine space planning, management of exploitation and use of marine area and marine environmental protection, which includes offshore wind power management.